§ 2.35.020. Definitions.

A.

In this chapter, unless the context clearly indicates otherwise,

Administrative action means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by any municipal agency of any rule, regulation, order, decision, determination, or any other quasi-legislative or quasi-judicial action or proceeding whether or not governed by this Code.

Agency means the assembly, the municipality's school board and a department, division, commission, board, office, bureau, institution, authority, organization, committee, or council of the municipal government.

Conviction means a finding or verdict of criminal guilt as an adult in a court of law and occurs upon entry of a plea of guilt or no contest or upon entry of a finding or verdict of guilt.

Engaging a lobbyist means employing, retaining, or contracting a lobbyist whether independently or jointly with other persons for the services of lobbying.

Employers of lobbyists or employer means a person who employs, retains, or contracts for the employment, retention or services of a lobbyist whether independently or jointly with other persons for the services of lobbying.

Felony means a crime punishable by death or imprisonment in excess of one year under the law under which the person was convicted.

Gift means any payment to the extent that consideration of equal or greater value is not received; and includes but is not limited to:

a.

A loan, loan guarantee, forgiveness of a loan, payment of a loan by a third party, or an enforceable promise to make a payment except when full and adequate consideration is received;

b.

The purchase of tickets for travel or for entertainment events; and

c.

The granting of discounts or rebates for goods or services not extended to the public generally; but does not include:

1.

Informational or promotional materials, including but not limited to books, reports, pamphlets, calendars, or periodicals; however, payments for travel or reimbursement for expenses may not be considered "informational material";

2.

Food and beverages consumed in places of public accommodation.

Immediate family means anyone related by blood, marriage or adoption or who lives in that person's household.

Individual means a natural person.

Influencing legislative or administrative action means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative or administrative action by means including but not limited to the provision or use of information, statistics, studies, analyses in written or oral form or format.

Legislative action means the preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, defeat, or rejection of any bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the assembly, or by a standing, interim, or special committee of the assembly, or by a member or employee of the assembly acting in an official capacity; it includes, but is not limited to, the action of the mayor in approving or vetoing a bill or the action of the assembly in considering, overriding, or sustaining that veto and the action of the assembly in considering, confirming, or rejecting an executive appointment of the mayor; it also includes the same actions with respect to school board policies, bylaws and other matters on which the school board has authority to consider, act or advise.

Lobbyist means:

a.

A person who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, to communicate directly or through the person's agents with any public official for the purpose of influencing legislative or administrative action if a substantial or regular portion of the activities for which the person receives consideration is for the purpose of influencing legislative or administrative action; or

b.

A person who represents himself as engaging in the influencing of legislative or administrative action as a business, occupation, or profession.

Payment means the disbursement, distribution, transfer, loan, advance, deposit, gift, or other rendering or tendering of money, property, goods, or services or anything else of value.

Payment to influence legislative or administrative action means:

a.

A direct or indirect payment to a lobbyist whether for salary, fee, compensation for expenses, or any other purpose, by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons; or

b.

A payment in support of or assistance to a lobbyist or the lobbyist's activities, including but not limited to the direct payment of expenses incurred at the request or suggestion of the lobbyists; or

c.

A payment that directly benefits a public official or a member of the immediate family of that official; or

d.

A payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with a public official; or

e.

A payment for or in connection with soliciting or urging other persons to enter into direct communication with a public official; or

f.

A payment or reimbursement for disbursements or expenditures made or incurred during the period in support of or in connection with influencing legislative or administrative action by the lobbyist or on behalf of the lobbyist by the lobbyist's employer for

(1)

Food and beverages; or

(2)

Living accommodations; or

(3)

Travel.

Person, includes associations, clubs, societies, firms, partnerships, public and private corporations, bodies politic, individuals or groups of individuals and labor unions.

Public official or public officer means the following individuals in either the municipal general government or the municipal school district:

a.

A quasi-judicial officer;

b.

Assembly and school board members;

c.

The mayor, municipal manager, executive manager, chief fiscal officer, superintendent of schools, assistant superintendents of schools, municipal attorney and ombudsman;

d.

A department head including the municipal clerk, director of the assembly budget and legislative services office, the executive director of the Anchorage Equal Rights Commission, and the Executive Director of the Anchorage Community Development Authority;

e.

A deputy department head including the deputy to those offices listed in subsection d. above.

f.

A division director;

g.

A special assistant to the department head;

h.

A person serving as a legislative liaison for a department;

i.

An assistant to the mayor, municipal manager, executive manager, chief fiscal officer, municipal attorney, ombudsman, assembly or school board member, superintendent of schools;

j.

A member of a board or commission elected or appointed by the mayor and confirmed by the assembly; and

k.

The municipal treasurer, comptroller and investment officer.

Source of income means the entity for which service is performed or which is otherwise the origin of payment.

Spousal equivalent means a person who is cohabiting with another person in a relationship that is like a marriage but that is not a legal marriage.

(AO No. 2000-68(S-1), § 1, 8-15-00; AO No. 2002-130, § 1, 9-10-02; AO No. 2007-72(S), § 2, 6-12-07; AO No. 2008-124(S), § 3, 5-26-09)