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As used in this Act:

A. Attorney General” means the Office of the Attorney General of the Osage Nation established by Osage law.

B. Business” includes any enterprise, organization, trade, occupation or profession whether or not operated as a legal entity for profit, including any business, trust, holding company, corporation, partnership, joint venture, or sole proprietorship, consultant or other self-employed enterprise.

C. Business with which the person is associated” includes any business in which the person or member of the person’s immediate family is an owner, director, officer, partner, trustee, holds any position of management or receives income in any form such as wages, commissions, direct or indirect investment, worth more than One Thousand Dollars ($1,000.00) or holds any ownership, security or other beneficial interest, individually or combined, amounting to more than ten percent (10%) of said business, excluding headright ownership.

D. Candidate for public office” means any person who has publicly announced such intent, authorized promotion for, or filed a declaration of candidacy or a petition to appear on the ballot for election as a tribal official; and any person who has been nominated by an Osage Nation official for appointment to serve the Nation in any official capacity.

E. Compensation” or “income” means any money or thing of value received, or to be received as a claim on future services, whether in the form of a fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of recompense or any combination thereof. For purposes of this Act, compensation or income shall not include headlight payments, or the right to receive same.

F. Complainant” means the person making a grievance claim or an ethics violation claim.

G. Confidential information” means information which by law or practice is not available to the public at large.

H. Conflict of interest” means the reasonable foreseeability that any personal or economic interest of a tribal official, or employee, will be affected in any different manner from the interest of the general public, by any decision, enactment, agreement, award or other official action of function of any governmental body or political subdivision of the Osage Nation.

I. Consanguinity or affinity within the second degree” means a relative by blood within the second generation or a relative by marriage within the first or second generation.

J. Employee” means any person employed by the Osage Nation in return for any form of pay or other compensation or thing of value received or to be received at any time temporarily, permanently or indefinitely, in any capacity; whether as agent, servant, representative, consultant, advisor or otherwise.

K. Employment” means the status or relationship existing or created by and between a person designated or acting as an “employee” as defined herein and the person, organization, group or other entity for whom or on whose behalf any such work, acts, services or other benefit has been, is being, or will be rendered or performed for pay or any other form of compensation.

L. Economic interest” means an interest held by a person or a business with which the person is associated, which is:

1. Any ownership, income, investment, security, or other beneficial interest in a business, except a headlight interest; or

2. Any employment or prospective employment for which negotiations have already begun.

M. Gaming establishment” means any Casino operated by the Osage Nation or any facility connected to or with that Casino.

N. Gift” includes any gratuity, special discount, favor, hospitality, payment, loan, subscription, economic opportunity, advance, deposit of money, reservation, service, personal property or other benefit received without equivalent consideration and not extended or provided to members of the public at large.

O. Governmental body” means any branch, entity, enterprise, authority, division, department, office, commission, council, board, bureau, committee, legislative body, agency, and task force of the Executive Branch, including the Osage Nation Minerals Council, Legislative Branch, or Judicial Branch of the Osage Nation.

P. Grievance” is any problem of an employee or groups of employees resulting from work requirements, the condition under which work is performed, or from a personnel action taken by a supervisor which may adversely affect an employee or groups of employees.

Q. Immediate family” includes spouse, children and members of the same household of Osage Nation officials, employees and candidates for public office, as defined in this chapter.

R. Ministerial action” means an action that a person performs in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to, or in the exercise of, the person’s own judgment upon the propriety of the action being taken.

S. Nepotism” means favoritism or patronage by a person that influences the appointment, confirmation, or employment of an Osage Nation official, board member, or employee with whom he/she has a familial relationship.

T. Official discretionary action” means any official function of public office or employment, including any vote, decision, opinion, allocation, recommendation, approval, disapproval, finding, delegation, authorization, contracts commitment, settlement, disbursement, release or other action which involves the exercise of discretionary authority for, on behalf of or in any manner affecting any interest or property of the Osage Nation, including any governmental body, political subdivision or member thereof.

U. Person related within the second degree of blood or marriage” means the following person(s):

1. Spouse;

2. Any child by birth or legal adoption;

3. Any current spouse of a child;

4. Any parent;

5. Any parent’s current spouse;

6. Any current or former stepchild;

7. Any stepparent;

8. Any grandchild or grandchild’s spouse;

9. Any grandparent or grandparent’s spouse;

10. Any sibling, whether full or half-blood, or a sibling’s spouse;

11. Spouse’s child or spouse’s parent;

12. Spouse’s grandchild or spouse’s grandparent; and

13. Spouse’s sibling.

V. Position of profit” means a salaried nontemporary employment position by classification. It does not mean an independent contractor.

W. Public office” means any elected or appointed office or position of permanent or temporary service or employment in any governmental body of the Osage Nation as defined herein.

X. Tribal employee” means any employee, as defined herein, temporarily, periodically, permanently or indefinitely in the employment of the Osage Nation, and/or any governmental body thereof as defined herein, including intergovernmental personnel.

Y. Tribal official” means any person holding an elected or appointed office in any governmental body of the Osage Nation as defined herein. ONCA 08-33, eff. Sept. 30, 2008; ONCA 11-13, eff. Apr. 15, 2011; ONCA 14-36, eff. Apr. 23, 2014.