§ 2.222.010. Definitions for standards of conduct.

For the purposes of this chapter:

(1)

"Anything of value" includes any financial benefit, or other item that is pecuniary or compensatory in value to a person, including, but not limited to, any valuable act, advance, award, contract, compensation, contribution, deposit, emolument, employment, favor, fee, forbearance, fringe benefit, gift, gratuity, honorarium, loan, offer, payment, perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise that any of these items will be conferred in the future.

(2)

For purposes of the foregoing definition, the following do not constitute part of "Anything of Value:"

(a)

Payment by a governmental entity of salaries, compensation, employee benefits, or authorized reimbursement of actual and necessary expenses; or payment by an employer or business other than a governmental entity of salaries, compensation, employee benefits, or authorized reimbursement of actual and necessary expenses, when the payment is unrelated to an employee's status as a public official or employee and is not made for the purpose of influencing, directly or indirectly, the official action or decision of any such employee; or

(b)

Fees, expenses, or income, including those resulting from outside employment which are permitted and reported in accordance with applicable law; or

(c)

Anything if received for the lawful exchange of consideration unrelated to the employee's position with the metropolitan government that is at least equal in value to the item or act conferred or performed; or

(d)

Campaign or political contributions that are received and reported in accordance with state law; or

(e)

Hospitality extended for a purpose wholly unrelated to the official business of any governmental entity; or

(f)

Non-cash awards of nominal or trifling value publicly presented in recognition of public service; or

(g)

Gifts or other tokens of recognition presented by representatives of governmental entities or political subdivisions acting in their official capacities; or

(h)

Anything of value, regardless of the value, when the item of value is offered to a governmental entity, is accepted on behalf of the governmental entity, and is to remain the property of the government entity; or

(i)

Commercially reasonable loans made in the ordinary course of a lender's business in accordance with prevailing rates and terms, and which do not discriminate directly or indirectly against or in favor of an employee because of such individual's status as a metropolitan government employee; or

(j)

Complimentary copies of trade publications; or

(k)

Reasonable compensation for a published work that did not involve the use of a governmental entity's time, equipment, facilities, supplies, staff, or other resources, if the payment is arranged or paid by the publisher of the work; or reasonable compensation of a published work that did involve the use of a governmental entity's time, equipment, facilities, supplies, staff, or other resources, if the payment of the compensation to the public official or employee is lawfully authorized by a representative of the governmental entity who is empowered to authorize such compensation; or

(l)

Any payment, gift, or other transfer of value which is unrelated to and does not arise from the recipient's position as a metropolitan government employee, and if the activity or occasion for which it is given does not involve the use of a governmental entity's time, equipment, facilities, supplies, staff, or other resources in any manner or degree that is not available to the general public; or

(m)

Anything received as a devise, bequest, or inheritance; or

(n)

Gifts received that are unrelated to a person's position as a metropolitan government employee

(o)

Food and/or beverages that would not be prohibited under section 2.222.020(s)(1).

(3)

"Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances.

(4)

"Direct interest" shall have the same meaning as defined in T.C.A. 12-4-101,et seq. and 6-54-107, et seq.

(5)

"Employee" means any official, whether elected or appointed, officer, employee or servant, or any member of any board, agency, commission authority or corporation (whether compensated or not), or any officer, employee or servant thereof, of the Metropolitan Government of Nashville and Davidson County.

(6)

"Indirect interest" shall have the same meaning as defined in T.C.A. 12-4-101, et seq. and 6-54-107, et seq.

(7)

"Material" or "materially" means something that a reasonable person would consider important in assessing or determining how to act in a matter.

(8)

"Reasonable" or "reasonably" when used in relation to conduct by an employee denotes the conduct of a reasonably prudent and competent public servant.

(9)

"Source" means an individual, entity, or group of individuals or entities reasonably believed by the employee to be affiliated for purposes of contact with the employee. A registered lobbyist shall be a "Source" separately as well as deemed affiliated with each of the lobbyist's clients.

(10)

"Value" means the nominal face amount of the customary charges paid or assessed for the same product, access, or service by non-employees, exclusive of sales taxes, gratuities paid to others, and (as to charitable fund raising events) the deductible portion of the nominal cost.

(Ord. BL2017-560 § 1, 2017; Amdt. 2 to Ord. BL2007-1382 § 3, 2007; Ord. BL2007-1382 § 3, 2007)