§ 2-501. Definitions

The terms used in this article shall have the following meanings:

Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.

Candidate. This term has the meaning assigned by V.T.C.A., Election Code § 251.001.

City council means the mayor and six council members elected to serve as the governing body of the city.

City employee means any person employed by the city, including those individuals that are employed on a part-time or temporary basis and employees of any corporation created by the city, but such term shall not be extended to apply to any independent contractor.

City attorney means the city attorney appointed by the city council pursuant to the City Charter.

City engineer means the city engineer appointed by the city manager.

City manager means the city manager appointed by the city council pursuant to the City Charter.

City official means every member of the city council, the city manager, city secretary, the city attorney, the city engineer and all members of any board, commission, or committee appointed by the city council, including, the board members of the Murphy Economic Development Corporation (4A) ("MEDC") and the 4B Murphy Community Development Corporation ("MCDC"), and the executive directors of the MEDC and the MCDC.

Confidential information means any information that a city council member is entitled to because of his official position but otherwise is not available to the public generally without an open records request pursuant to the provisions of the Texas Public Information Act (the "Act"), V.T.C.A. Government Code, ch. 552 and/or is not available to the public under the Act.

Conflict disclosure statement means the disclosure statement form adopted by the Texas Ethics Commission required by V.T.C.A., Government Code ch. 176.

Conflict of interest questionnaire means the conflicts of interest form adopted by the Texas Ethics Commission required by V.T.C.A., Local Government Code ch. 176.

Economic benefit means any taxable income or any money, real or personal property, contract rights, sale, lease, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated.

Economic interest means a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than $2,500.00. Service by a city official or city employee as an officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create an economic interest in the property of that organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the city official or city employee participates in the management of the fund. A city official or city employee does not have an economic interest in a matter if the economic impact on the city official or city employee is indistinguishable from the impact on the public or on the particular group affected by the matter.

Family member means a person related to a city official in the first degree of consanguinity or affinity, as described by V.T.C.A., Government Code, ch. 573, subch. B, except that the term does not include a person who is considered to be related to a city official by affinity only as described by V.T.C.A., Government Code § 573.024(b). This definition would include children, spouses, parents, step-children and parents-in-law or children-in-law, except that relationships by affinity would end upon divorce.

Gift means a favor, hospitality, or economic benefit other than compensation but which does not include campaign contributions reported as required by state law, gifts received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust.

Official capacity. A city council member acts in his or her "official capacity" in performing the duties and exercising the powers of the office of a city council member as contained and enumerated in the City Charter, Section 3.07, under the laws of the State of Texas, as this term is defined in the V.T.C.A., Civil Practices and Remedies Code § 101.053(a), and under other applicable law.

Permissible gift means a thing of nominal value given (not to exceed $100.00 in value), and not given to request a specific favor, special treatment, or influence a city official or city employee. Marketing advertisement items of nominal value, or certificates or plaques having no intrinsic value, are considered permissible gifts or gratuities. The purchase of meals of nominal value, provided there is a rotation of purchasing, is considered a permissible gift. The provision of training/education programs of a general nature is considered a permissible gift or gratuity. Items that exceed $100.00 in value, if divided (e.g. holiday food or sporting event tickets distributed by lot) or donated for a city-sponsored function, are considered permissible gifts and/or gratuities.

Qualified voter means a person who meets the qualifications of V.T.C.A., Election Code § 11.002 to vote in city elections.

Second degree by affinity is defined by V.T.C.A., Government Code ch. 573, subch. B and examples of such relationship are set out in the chart attached hereto as Exhibit "1". [Refer to the end of section 2-501].

Substantial interest means the interest that a city official and/or a family member has in a business or business entity or in real property as described below:

(a) The city official and/or a family member owns ten percent or more of the voting stock or shares of the business entity; or

(b) The city official and/or a family member owns ten percent or more or $15,000.00 or more of the fair market value of the business entity; or

(c) Funds received by the city official and/or a family member from the business entity exceed ten percent of the person's gross income for the previous year;

(d) The city official and/or family member has a substantial interest in real property if the interest is an equitable or legal interest with a fair market value of $2,500.00 or more.

Third degree by consanguinity is defined by V.T.C.A., Government Code ch. 573, subch. B and examples of such relationship are set out in the chart attached hereto as Exhibit "1."

EXHIBIT 1
Consanguinity and Affinity

Affinity Kinship (Marriage) Relationships

1 Degree	2 Degree
Father-in-law	Spouse's grandfather
Mother-in-law	Spouse's grandmother
Son-in-law	Spouse's brother (brother-in-law)
Daughter-in-law	Spouse's sister (sister-in-law)
Spouse	Spouse's grandson
	Spouse's granddaughter
	Brother's spouse (sister-in-law)
	Sister's spouse (Brother-in-law)

 

Consanguinity (Blood) Relationships

1 Degree	2 Degree	3 Degree
Father	Grandfather	Great-Grandfather
Mother	Grandmother	Great-Grandmother
Son	Brother	Nephew
Daughter	Sister	Niece
	Grandson	Great-Grandson
	Granddaughter	Great-Granddaughter
		Uncle
		Aunt

 

(Ord. No. 10-11-863, § 2(Exh. A), 11-15-2010; Ord. No. 12-03-909, § 2, 3-6-2012)