HomeMy WebLinkAbout07/28/2009 00 Agenda and Packet •
-4 a, _ David Edler, Mayor
' ...: Micah Cawley, Assistant Mayor
r l Yakima Maureen Adkison
; ' Kathy Coffey
N City Council
Y Rick Ensey
1'11, ,,.RP.•.....1, .a.` Agenda Bill Lover
129 N. 2nd Street,Yakima,WA. 98901 Sonia Rodriguez •
Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager
Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr.
Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk
YAKIMA CITY COUNCIL
SPECIAL MEETING — STUDY SESSION
JULY 28, 2009
8:00 — 9:30 A.M.
COUNCIL CHAMBERS
1. Roll Call
2. Draft Code of Ethics
3. Audience Comments (9:15 a.m. — 9:30 p.m.)
4. Adjournment to August 4, 2009 at 2:00 p.m. in the Council Chambers for
the next Council Business Meeting
Yakima
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City of Y akima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strong Yakima community. mil, I I ,
Adopted March 2008
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LEGAL
DEPARTMENT
200 South Third Street, Yakima, Washington 98901 (5E9)5756030 Fax (509)5756160
MEMORANDUM
July 21, 2009
TO: Honorable Mayor and Members of the City Council
Dick Zais, City Manager
FROM: Jim Mitchell, Assistant City Attorney
SUBJ: Draft.Code of Ethics
(1) Yakima Draft (2009)
(2) City of Richland (1998)
(3) City of Federal Way (1991 rev. 94)
(4) US Government (1958)
A code of ethics discussion is planned for the July 28 2009 study session.
An ever- increasing number of municipalities and professional organizations across the country
have adopted ethical codes and/or codes of conduct within the last 25 years in order to instill
public trust and foster confidence. Most of Washington's larger cities and counties have adopted
some variation in order to supplement existing RCW's, which primarily govern conflicts of
interest.
Enclosed are examples, of varying complexity, from the House of Representative's 958 simple
Code of Government employs, to Federal Way's limited subject code using an independent
Board of Ethics, to Richland's more complex version utilizing criminalization and internal
policing.
The enclosed draft is presented to assist the Council in deliberations as they consider and develop
a city ethics code. We have attempted to provide ideas from across the state on this topic,
understanding that further direction will be required from Council prior to developing a
comprehensive policy. One of the major directives among the several policies in our state is
whether a self - policing model is used or an independent oversight board is established.
ENCLOSURE 1—
Draft Yakima Code of Ethics Alternatives
1. The purpose statement should outline the basic tenants of
expected conduct and mention public trust. Applicable RCW's
are listed here as well as mention of the generic Yakima Charter
Section 5 to provide a ready reference. In the event a committee
approach is adopted, its purpose would be articulated here.
Purpose
•
a. It is the policy of the City of Yakima to uphold, promote and demand the
highest standards of ethics from all of its officers and employees, whether
elected, appointed or hired. In order to maintain, promote and strengthen
the faith and confidence of the people of the City in their governing body,
City officers and employees shall maintain the utmost standards of
responsibility, trustworthiness, integrity, truthfulness, honesty and fairness
in carrying out their public duties, avoid any improprieties in their roles as
- public servants including the appearance of impropriety, and never use
their City position, authority or resources for personal gain.
b. It is the intent of the city council that this chapter be reasonably construed
to accomplish its purpose of protecting the public against decisions that
are affected by undue influence, conflicts of interest or any other violation
of this code of ethics. This code of ethics is supplemental to state law,
including, but not limited to, chapter 42.20 RCW — Misconduct of Public
Officers, chapter 42.23 RCW — Code of Ethics. for Municipal Officers —
Contract Interests, chapter 42.30 — Open Public Meetings Act, and chapter
42.36 RCW — Appearance of Fairness Doctrine.
c. It is the function of the ethics committee to pursue the above stated policy
of the City of Yakima. The ethics committee shall develop programs and
initiatives in support of this goal.
2. The scope of the code may be limited or universal. If a universal
approach is adopted (as demonstrated below) represented
employees constitute a separate class. This section delineates their
responsibilities to avoid any misperceptions that they would
somehow be exempt from the responsibilities.
Applicability
Enclosure 1 — Proposed Yakima Code of Ethics 1
The code of ethics shall be applicable to all elected and appointed officers, and exempt
employees. While represented employees may not fall under this specific code subject to
a collective bargaining agreement, this provision does not abrogate or abridge applicable
state law, administrative codes or prevailing case law.
3. A detailed definition section provides a convenient reference
section for the reader.
Definitions
The following words and phrases as used in this chapter, unless the context clearly
indicates otherwise, shall have the following meanings:
a. "Agency" means any City board, commission, bureau, committee, department,
institution, division or tribunal in City government.
b. "Assist" means to act, or offer or agree to act, in such a way as to help, aid,
advise, furnish information to or otherwise provide assistance to another person,
believing that the action is of help, aid, advice or assistance to the person and with
intent so to assist such person.
c. "Beneficial interest" has the meaning ascribed to it under the Washington case
law. However, an ownership interest in a mutual fund or similar investment
pooling fund in which the owner has no management powers does not constitute a
beneficial interest in the entities in which the fund or pool invests.
d. "Business" means any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self - employed individual,
consultant, holding company, joint stock company, receivership, trust or any legal
entity organized for profit.
e. "City" means the City. of Yakima.
f. "City action" means any action on the part of an agency, including, but not
limited to:
1. a decision, determination, finding, ruling or order; and
2. a grant, payment, award, license, contract, transaction, sanction or
approval, or the denial thereof, or failure to act with respect to a decision,
determination, finding, ruling or order.
g. " "City officer" means every individual elected, appointed, hired or otherwise
selected to an office or position with the City, or any subdivision, agency,
committee or board thereof, whether such individual is paid or unpaid.
h. "Compensation" means anything of economic value, however designated, that is
paid, loaned, granted or transferred, or to be paid, loaned, granted or transferred
Enclosure 1 — Proposed Yakima Code of Ethics 2
for, or in consideration of, personal services to any person.
"Contract" or "grant" means an agreement between two or more persons that
creates an obligation to do or not to do a particular thing. "Contract" or "grant"
includes, but is not limited to, an employment contract, a lease, a license, a
purchase agreement or a sales agreement.
j. "Ethics committee" means the committee on ethical conduct for and duly
appointed by the City.
k. "Employee" means any person holding a regularly compensated position of
employment with the City but does not include elected officers and persons who
serve without compensation on City boards and commissions.
1. "Exempt employee" shall mean those City employees not represented by a
recognized labor union and identified by both the City administration and the
applicable labor unions as exempt confidential employees.
m. "Family member" means:
1. a spouse; or
2. any dependent parent, parent -in -law, child or son -in -law or daughter -in-
law; or
3. any parent, parent -in -law, child, son -in -law, daughter -in -law, sibling,
uncle, aunt, cousin, niece or nephew residing in the household of the City
officer or employee.
n. "Gift" means anything of economic value for which no consideration is given.
"Gift" does not include:
1. items from family members or friends where it is clear beyond a
reasonable doubt that the gift was not made as part of any design to gain
or maintain influence in the agency of which the recipient is an officer or
employee;
2. items related to the outside business of the recipient that are customary
and not related to the recipient's performance of official duties;
3. items exchanged among officials and employees or a social event hosted
or sponsored by a City officer or City employee for coworkers;
4. payments by a governmental or nongovernmental entity of reasonable
expenses incurred in connection with a speech, presentation, appearance
or trade mission made in an official capacity. As used in this subsection,
"reasonable expenses" are limited to travel, lodging and subsistence
expenses incurred the day before through the day after the event;
5. items a City officer or City employee is authorized by law to accept;
6. payment of enrollment and course fees and reasonable travel expenses
attributable to attending seminars and educational programs sponsored by
a bona fide governmental or nonprofit professional, educational, trade or
charitable association or institution. As used in this subsection,
Enclosure 1 — Proposed Yakima Code of Ethics 3
"reasonable expenses" are limited to travel, lodging and subsistence
expenses incurred the day before through the day after the event;
7. items returned by the recipient to the donor within thirty days of receipt or
donated to a charitable organization within thirty days of receipt;
8. campaign contributions reported under chapter 42.17 RCW;
9. discounts available to an individual as a member of an employee group,
occupation or similar broad -based group;
10. awards, prizes, scholarships or other items provided in recognition of
academic or scientific achievement;
11. attendance of a City officer or employee at a hosted meal when it is
provided in conjunction with a meeting directly related to the conduct of
City business or where official attendance by the officer or employee as a
City representative is appropriate;
12. an award publicly presented in recognition of public service; or
13. any item of nominal value which cannot reasonably be presumed to
influence the vote, action or judgment of the officer or employee, or be
considered as part of a reward for action or inaction. An item of nominal
value shall include incidental items associated with the professional
conduct or courtesies of an officer or employee's duty including the
acceptance during the conduct of official business of such items as
refreshments, note pads, pens, pins and books.
o. "Head of agency" means the chief executive officer of an agency. In the case of
an agency headed by a commission, board, committee or other body consisting of
more than one natural person, agency head means the person or board authorized
to appoint agency employees and regulate their conduct.
P. "Honorarium" means money or thing of value offered to a City officer or City
employee for. a _speech, appearance, article or similar item or activity in
connection with the City officer's or City employee's official role.
q. "Household member" means any person having a close relationship with and
residing in the same household of the City officer or employee.
r. "Person" means any individual, partnership, association, firm, institution or
corporation, business or other entity, however constituted, organized or
designated.
s. "Personal interest" means direct or indirect pecuniary or material benefit accruing
to a City officer or employee as a result of legislation or a contract or transaction
which is or may be the subject of an official act or action by or with the City
except for such contracts or transactions which confer similar benefits to all other
persons and/or property similarly situated. For the purpose of this chapter, an
officer or employee is deemed to have a personal interest in the affairs of:
1. any person who is a City officer or employee's family member or
household member, as defined in this chapter;
Enclosure 1 — Proposed Yakima Code of Ethics 4
2. any business entity in which the City officer or employee is an officer,
director or employee;
3. any business entity in which the stock of, or legal or beneficial ownership
of, in excess of five percent of the total stock or total legal and beneficial
ownership, is controlled or owned directly or indirectly by the officer or
employee;
4. any person or business entity with whom a contractual relationship exists
with the officer or employee; provided, that a contractual obligation of less
than five hundred dollars, or a commercially reasonable loan made in the
ordinary course of business or a contract for a commercial retail sale shall
not be deemed to create an interest in violation of this chapter.
t. "Privileged information" means specific information, rather than generalized
knowledge, that is not available to the general public on request, including but not
limited to Executive Session Meeting discussions; or information made
confidential by law.
u. "Regulatory agency" means any City board, commission, department or officer,
except those in the legislative or judicial branches, authorized by law to conduct
adjudicative proceedings, issue permits or licenses, or to control or affect interests
of identified persons.
v. "Remote Interest" means:
1. that of a non - salaried officer of a nonprofit corporation;
2. that of an employee or agent of a contracting party where the
compensation of such employee or agent consists entirely of fixed wages
or salary;
3. that of a landlord or tenant of a contracting party;
4. that of a holder of less than one percent of the shares of a corporation,
limited liability company or other entity which is a contracting party.
w. "Represented employee" shall mean a City employee represented by a recognized
labor union.
x. "Responsibility" in connection with a transaction involving the City, means the
direct administrative or operating authority, whether intermediate or final, and
either exercisable alone or through subordinates, effectively to approve,
disapprove or otherwise direct City action in respect of such transaction.
4. The code may be designed as purely inspirational, intended to
provide guidance. Some of the earliest forms adopted this approach —
enclosure 4 is one example adopted by the Federal Government in 1958.
However, with the advent of increased ethical legislation of conflicts of
interest, gifting, etc., most municipal codes create some form of fact
Enclosure 1 — Proposed Yakima Code of Ethics 5
finding body with the responsibility to recommend appropriate
sanctions.
The type of fact finding may be internal self policing by the City
Council. This form is codified by some municipalities like Richland, for
example, where complaints are presented to the Council for
determination of whether or not a violation occurred. An alternative is
the use of an appointed board or appointed by the legislative
body. Additionally, membership criteria for such a board may be based
on specific qualifying background factors for diversification and
expertise.
Below is an example of what a committee approach ordnance may look
• like:
Ethics Committee
a. The ethics committee shall be composed of five members, appointed by majority
vote of the City Council upon recommendation by the City Council
Boards /Commissions /Committees Nominating Committee. Members of the
committee shall serve without compensation and shall not, except for their
appointment as a member of the committee, be a Yakima City official.
Membership should be based on a professional, profit or non - profit management
background with experience in ethical evaluation and problem solving.
b. At least two members should be current or former elected officials recommend by
the Association of Washington Cities (A.W.C.) executive.
c. At least one member should have the following background:
1. A college or university faculty member with expertise in ethics, personnel
or human resources.
2. A person with a professional or academic background in the legal
profession including attorneys, law professors or members of the
judiciary.
3. A person from local business with experience in human
resources /personnel.
d. All reasonable efforts shall be used to locate individuals who satisfy the
requirements above. In the event that any one of the requirements cannot
reasonably be satisfied, a substitute may be appointed who has a background in a
profession which includes a code of ethics as an element of the profession.
e. A committee member who has a conflict regarding a specific complaint before the
ethics committee shall recuse him or herself from hearing that complaint, but shall
remain a member of the committee for future complaints.
Enclosure 1 — Proposed Yakima Code of Ethics 6
Committee members shall serve staggered terms of three years. The initial terms
shall be one year for the first member appointed, two years for the second and
third members appointed, and three years for the fourth and fifth members
appointed. No person shall serve more than two consecutive full terms as a
member of the committee. A member shall hold office until a member's successor
is appointed; provided that, the term of the successor shall be deemed to have
commenced upon the expiration of the term of the member holding over and shall
be considered a full term.
f. Termination or removal of committee members by the City Council may
be at any time for any reason in accordance with YMC 1.30.
5. In the event a committee approach is adopted, the committee may
be charged with producing advisory opinions.
Advisory Opinions
Any person subject to the code of ethics may request an advisory opinion from the ethics
committee in order to avoid a future conflict or violation of this code.
6. Rules and principles — a concise single source of prohibited acts.
Below is an example of a consolidated version applicable to all
employees. Variations are to list prohibitions for each category —
i.e., council members, other officers, etc. Itemized categorical lists
tend to be redundant. See Richland's, for example. Lists should be
reviewed annually for changes in the law.
Prohibited Conduct
The following shall constitute violations of this code of ethics:
a. General Prohibition Against Conflicts of Interest.
In order to avoid becoming involved or implicated in a conflict of interest or
impropriety, or an appearance of conflict of interest or impropriety, no current
City officer or employee shall have an interest, financial or otherwise, direct or
indirect, or engage in a business or transaction or professional activity, or incur an
obligation of any nature, that might be seen as conflicting with the City officer or
employee's proper discharge of his official duties, the conduct of official City
business or as adverse to the interests of the City. Performance of a legally
required duty by a City officer or employee shall not be considered a violation of
the code of ethics.
b. Personal Interests in Contracts Prohibited.
No City officer or employee shall participate in his or her capacity as a City
officer or employee in the making of a contract in which he or she has a personal
interest, direct or indirect, or performs in regard to such a contract some function
Enclosure 1 — Proposed Yakima Code of Ethics 7
requiring the exercise of discretion on behalf of the City. Except, that this
prohibition shall not apply where the City officer or employee has only a remote
interest in the contract, and where the fact and extent of such interest is disclosed
and noted in the official minutes or similar records of the City prior to formation
of the contract, and thereafter the governing body authorizes, approves or ratifies
the contract in good faith by a vote of its membership sufficient for the purpose
without counting the vote or votes of the officer(s) having the remote interest as
defined above.
c. Personal Influence in Contract Selection Prohibited.
No City officer or employee shall influence the City's selection of, or its conduct
of business with, a corporation, person or firm having or proposing to do business
with the City if the City officer or employee has a personal interest in or with the
corporation, person or firm, unless such interest is a remote interest and where the
fact and extent of such interest is disclosed and noted in the official minutes or
similar records of the City prior to formation of the contract, as defined in the
preceding section. Provided, however, that no City officer or employee may
receive anything of value from the City as a result of any contract to which the
City shall be a party except for the officer or employee's salary or lawful
compensation.
d. Representation of Private Person at City Proceeding Prohibited.
No City officer or employee shall appear on behalf of a private person, other than
himself or a family member or household member, as defined in this chapter, or
except as a witness under subpoena, before any regulatory governmental agency
or court of law in an action or proceeding to which the City or a City officer in an
official capacity is a party, or accept a retainer or compensation that is contingent
upon a specific action by the City. Representation of a private person pursuant to
a legally required duty by a City officer or employee is permitted and shall not be
considered a violation of the code of ethics.
e. Certain Private Employment Prohibited.
No City officer or employee shall engage in or accept private employment, or
render services for, any private interest when such employment or service is
incompatible with the proper discharge of official duties or would tend to impair
independence of judgment or action in the performance of official duties.
f. Personal Interest in Legislation Prohibited.
No City officer or employee may benefit either directly or indirectly from any
legislation or contract to which the City shall be a party except for the lawful
compensation or salary of the officer or employee unless such interest is a remote
interest where the facts and extent of such interest is disclosed. City council
members' participation in the enactment of legislation shall be governed by
chapter 42.23 RCW — The Code of Ethics for Municipal Officers and chapter
42.36 RCW — The Appearance of Fairness Doctrine. City council members shall
not be prohibited from participating in the adoption of legislation when the
Enclosure 1 — Proposed Yakima Code of Ethics 8
council member has only a remote interest in the legislation, which has been
disclosed, and the legislation is applicable to the general public and not unique to
the council member.
g. Disclosure of Confidential or Privileged Information Prohibited.
No City officer or_employee shall disclose or use any confidential, privileged or
proprietary information gained by reason of his official position for a purpose
which is for other than a City purpose or beyond the scope of the officer or
employee's authority or responsibility; provided, that nothing shall prohibit the
disclosure or use of information which is a matter of public knowledge, or which
is available to the public on request.
h. Improper Use of Position Prohibited.
No City officer or employee shall knowingly use his office or position to secure
personal benefit, gain or profit, or use his position to secure special privileges or
exceptions for himself or for the benefit, gain or profits of any other persons.
Improper Use of City Personnel Prohibited.
No City officer or employee shall employ or use the employment of any person
under the officer's or employee's official control or direction for the personal
benefit, gain or profit of the officer or employee or another.
J. Improper Use of City Property Prohibited.
No City officer or employee shall use City -owned vehicles, equipment, materials,
money or property for personal or private convenience or profit. Use is restricted
to such services as are available to the public generally, for the authorized conduct
of official business, and for such purposes and under such conditions as can be
reasonably expected to be approved by City policies.
k. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited.
No City officer or employee may, directly or indirectly, give or receive, or agree
to give or receive, any compensation, gift, favor, reward or gratuity for a matter
connected with or related to the officer's or employee's services with the City of
Yakima. This prohibition shall not apply to those items which are excluded from
the definition of gift as described above.
1. Impermissible Conduct After Leaving City Service.
a. Disclosure of Privileged, Confidential or Proprietary Information
Prohibited.
No former officer or employee shall disclose or use any privileged,
confidential or proprietary information gained because of his City
employment.
b. Participation in City Matters Prohibited.
Enclosure 1 — Proposed Yakima Code of Ethics 9
No former officer or employee shall, within a period of one year after
leaving City office or employment:
1. participate in matters involving the City if, while in the course of
employment with the City, the former officer or employee was
officially involved in the matter, or personally and substantially
participated in the matter, or acted on the matter;
2. represent any person as an advocate in any matter in which the
former officer or employee was involved while a City officer or
employee; or
3. participate as or with a bidder, vendor or consultant in any
competitive selection process for a City contract in which he
assisted the City in determining the project, or work to be done, or
the process to be used.
c. Duty to Inform.
Whenever a City officer or employee wishes to contract with a former
City officer or employee for expert or consultant services within one year
of the latter's leaving City service, advance notice shall be given to and
approval received from the ethics committee. Said approval shall be in
written form and copied to the deputy mayor at the same time that it is
given to the individual making the request.
d. Exceptions.
1. The prohibitions of subsections (2)(a) and (2)(b) of this section
shall not apply to a former officer or employee acting on behalf of
a governmental agency if the ethics committee has determined that
the service to the agency is not adverse to the interest of the City.
2. Nothing in this chapter shall prohibit an official elected to serve a
governmental entity other than the City of Yakima from carrying
out their official duties for that government entity.
7. Standard procedures, including set timelines are advisable under
either model. The example below is based on a committee model.
In the event the council model is adopted, this would be modified
accordingly.
Complaint Process
a. A complaint that this code of ethics has been violated by a City employee or an
elected or appointed official will be filed with the ethics committee.
b. No person shall knowingly file a false complaint or report of violation of this code
of ethics.
Enclosure 1 — Proposed Yakima Code of Ethics 10
c. _ Any individual who is advised of another's violation of this code is responsible to
direct the advising party of this code and its procedure for filing complaints.
d. Complaints against represented employees shall be reported to the City Manager
as per the appropriate collective bargaining agreement.
e. The investigation of complaints shall be completed by the ethics committee and
written findings and conclusions prepared within thirty days of the date of the
complaint. The ethics committee's decision shall set forth findings and
conclusions demonstrating, based upon a preponderance of the evidence, that the
officer or employee has violated this code of ethics. A copy of the written
investigation findings and conclusions shall be 'served on any party against whom
a complaint is filed within three days of the ethics committee's final decision.
f. As appropriate, the ethics committee may retain an individual or agency for
assistance, as approved by the city council.
g. Complaints to the ethics committee will be disposed of through an adjudication
process on the basis of:
1. whether the ethics committee has jurisdiction;
2. whether the complaint, on its face, alleges facts that, if true, would
substantiate a violation;
3. a stipulation between the ethics committee and the officer or employee
determining compliance and/or penalty, if any, to be imposed; and
4. further proceedings in a formal hearing before the ethics committee if the
complaint is not resolved earlier in this adjudication process.
h. The ethics committee will dismiss any complaint over which it does not possess
jurisdiction. If the ethics committee has jurisdiction, the complaint may be
dismissed under the principle of De minimus non curat lex or pursued further.
i. In the event of a substantiated complaint, the committee shall recommend an
appropriate sanction as described below.
8. A committee or Council must have the ability to hold hearings. No
formal subpoena power to compel testimony is provided for in
Washington law although some codes imply that the fact finding
body may compel 'attendance.
Hearings
a. Except as otherwise provided by law, the ethics committee may, at its discretion,
hold public hearings, request attendance of witnesses, administer oaths, take the
testimony of person(s) under oath, and in connection therewith, request the
Enclosure 1 — Proposed Yakima Code of Ethics 11
production for examination of any books, papers and other materials relating to
any matter under investigation or in question before the ethics committee.
b. In case of a refusal to testify, the ethics committee may petition the superior court
of a county within the jurisdiction of which the investigation, proceeding or
hearing under this chapter is carried on or within the jurisdiction of which the
person refusing to obey is found or resides or transacts business for an order
requiring the person to appear before the ethics committee or its member to
produce evidence if so ordered, or to give testimony touching the matter under
investigation or in question. Failure to obey such order of the court may be
punished by the court as contempt per the applicable court rules.
c. All hearings of the ethics committee shall be conducted as contested hearings
under applicable provisions of the Yakima Municipal Code and the rules and
regulations adopted by the ethics committee. All hearings shall be open to the
public. The record of the hearings, as well as all documents submitted in regards
to the complaint and the ethics committee's investigation, shall be subject to
public disclosure laws.
9. The fact finder will present findings and conclusions and
recommended sactions. Below is a list of some common penalties.
Some municipalities, such as Richland, criminalize all violations.
Some criminalize certain, but not all violations. There are
numerous legal ramifications to such a posture. A referral to the
appropriate agency for potential RCW or CFR criminal violations
is the safest and cleanest course of action.
Sanctions
a. If the alleged violating party stipulates to the decision of the ethics committee, the
decision that violation has occurred and acceptance of any recommended
consequences, the decision becomes final without hearing. However, if stipulation
is not acceptable to the party against whom the complaint is filed, the matter will
proceed to hearing by the ethics committee.
b. A stipulation or hearing determination by the ethics committee that a violation has
occurred may recommend to the appropriate jurisdiction (City Officials, County
Officials, State Attorney General, United States Attorney) the party found in
violation to any of the following penalties (this list is NOT all inclusive):
1. A cease and desist order as to violations of this code of ethics.
2. A verbal admonition.
3. A written reprimand.
4. A public censure.
Enclosure 1 — Proposed Yakima Code of Ethics 12
5. A recommendation to the city council that an appointed board or
commission member be removed from the board or commission.
6. An order to pay to the City damages sustained by the City that are caused
by the conduct constituting the violation.
7. In the case of a violator who receives compensation from the City, a civil
penalty of up to five thousand dollars per violation or three times the
economic value of anything received or sought in violation of this chapter
or rules adopted under it, whichever is greater, may be imposed.
Alternatively, the violator who is a member of a board or commission may
be suspended for a number of days to be decided by the ethics committee,
in lieu of fine but not in lieu of damages.
8. Costs, including reasonable investigative costs, shall be included as part of
the limit under subsection (B)(7) of this section. Costs may not exceed the
penalty imposed. The payment owed on the penalty shall be reduced by
the amount of the costs paid.
9. If the committee determines that an elected official knowingly committed
an ethical violation involving moral turpitude of a magnitude rendering the
elected official unfit to remain in office, and there are no mitigating
circumstances, it may recommend initiation of recall procedures to the
City Council pursuant to Washington Constitution Article I Sections 33
and 34, RCW 29A.56.110 and Section 5 of the City Charter.
10. Termination by the City Manager as appropriate.
11. As appropriate, the ethics committee may refer the complaint to the
prosecuting attorney's office for action.
10. Appeal procedure should be specified. This will be jurisdictional-
dependant.
11. A statute of limitations is recommended to prevent stale
complaints, and a severability clause is needed to withstand
judicial scrutiny.
•
Limitation Period
Any action taken under this chapter must be commenced within two years from the date
of the violation.
Notwithstanding the City Council's establishment of a code of ethics, the City Manager is
responsible for the conduct and disposition of all employees of the City. As this policy is
crafted particular care will be required to maintain conformity to the City Charter and
State RCW's.
Enclosure 1 — Proposed Yakima Code of Ethics 13
ENCLOSURE .2 —
City of Richland Code of Ethics
2.26.010 Code of Ethics - Necessity.
In keeping with the policies declared by the state legislature in enacting
codes of ethics for state officials, it is recognized that high moral and
ethical standards among City officials are equally essential to the conduct
of local and state government; that a code of ethics for the guidance of
City officials is necessary in order to prevent conflicts of interest in public
office, improve standards of public service, and promote and strengthen
the faith and confidence of the people of the City in their governing body.
The council ethics and administration committee will initially receive and
process complaints or allegations of violations of the City of Richland's
code of ethics. (Ord. 432 1.01: Ord. 40 -98).
2.26.020 Definitions.
A. "Public official" means all elected City officials including the mayor and
members of the City Council, together with appointive members - of City
boards, commissions and committees and all other persons in the
unclassified services as defined in Section 2.28.070. "Public employee"
means all persons in the classified services as defined in Section
2.28.016.
B. "Special" privileges or exemptions, and "personal" interests relate to
privileges, exemptions or interests which are peculiar to an individual, as
distinct from the rights and interests of the public generally, or identifiable
classes of the public. (Ord. 432 1.01: Ord. 58-76 1.02: Ord. 3 -97: Ord. 40-
98).
•
2.26.030 Certain Privileges or Exemptions Prohibited.
No public official or public employee shall use his position to secure
special privileges or exemptions for himself, his spouse, child, parents,
other persons or employers. Nor shall any public official or public
employee accept anything of value that may tend to influence him in the
discharge of his duties, or which could have influenced him in the
discharge of his past duties. (Ord. 432 1.01: Ord. 58 -76 1.03).
2.26.040 Incompatible Employment or Activity Prohibited.
No public official or public employee shall engage in or accept private
employment or render services for private individuals or entities or engage
in any business or professional activity when the employment, service or
activity is incompatible with the proper discharge of his official duties, or
when it would require or induce him to disclose confidential information
acquired by him by reason of his official position. (Ord. 432 1.01: Ord. 58-
76 1.04).
Enclosure 2 —City of. Richland Code of Ethics 1
2.26.050 Confidential Information - Disclosure Prohibited.
No public official or public employee shall, except as required in the
performance of his duties, or in the course of any conduct reasonably
believed to be in the performance of his duties, disclose confidential
information gained by reason of his official position, nor shall he otherwise
use the information for his personal interest. Confidential information shall
include:
A. Personnel information applications, and any files maintained for City
employees, appointees or elected officials;
B. Information required of any taxpayer or City license holder in
connection with the assessment or collection of any tax or license fee if
the disclosure of the information to other persons would tend to violate the
taxpayer or licensee's right to privacy or may result in unfair competitive
disadvantage to such taxpayer or licensee;
C. Specific intelligence information and specific investigative files compiled
by investigative law enforcement and penology agencies and those state
agencies vested with the responsibility to discipline members of any
profession, the nondisclosure of which is essential to effective law
enforcement or for the protection of any person's right to privacy.
D. Information revealing the identity of persons who file complaints with
investigative law enforcement or penology agencies; except as the
complainant may authorize;
E. Test questions, scoring keys and other examination data used to
administer license, employment or civil service examination;
F. Except as provided by RCW Chapter 8.26, the contents of any real
estate appraisals made for or by any agency, including the City relative to
the acquisition of property by the City until the project is abandoned or
until such time as all of the property has been acquired, but in no event
shall disclosure be denied for more than three (3) years after the date of
the appraisal;
G. Valuable formula; designs, drawings and research data obtained or
produced by the city, its officers, employees and agents within five (5)
years of any request for disclosure thereof, when disclosure would
produce private gain and public loss;
H. Preliminary drafts, notes, recommendations and intra - agency
memorandums in which opinions are expressed or policies formulated or
recommended, except that a specific record shall not be exempt when
publicly cited by an agency in connection with any agency action;
Enclosure 2 —City of Richland Code of Ethics 2
I. Records which are relevant to a controversy to which the City or any of
its officers, employees or agents is a party and would not be available to
another party under the rules of pretrial discovery for causes pending in
the superior courts;
J. Any other information as is declared confidential by other specific
statutes; -
K. The confidential areas hereinabove listed shall be inapplicable to the
extent that information, the disclosure of which would violate personal
privacy or vital governmental interest, can be deleted from the specific
records sought. (Ord. 432 1.01: Ord. 58 -76 1.05).
2.26.060 Financial and Personal Interest - Disclosure. Required.
A council member who has a financial or other private or personal interest
in any ordinance, resolution, or other action pending before the City
Council shall disclose on the records of the council the nature and extent
of the interest, and the interest as disclosed shall be incorporated in the
minutes of the council's proceedings. This provision shall not apply if the
council member disqualifies himself from participating in any discussion
and vote on the matter under consideration. The disclosure shall include
but shall not be limited to the following:
A. The name of any private business corporation, firm, or enterprise
affected by the councilmanic action, of which the council member or the
marital community is or has been during the preceding twelve (12) months
a shareholder, bondholder, secured creditor, partner, joint entrepreneur or
sole proprietor, where the total value of the member's individual or
. undivided legal or equitable financial interests therein as the shareholder,
bondholder, secured creditor, partner, joint entrepreneur or sole proprietor
is, and at any time during the preceding twelve (12) months has been, in
excess of one thousand dollars ($1,000.00);
B. The name of any such private business or corporation, firm, or
enterprise of which the member or his spouse is or has been during the
preceding twelve (12) months an officer, director, partner, attorney, agent
or employee who, for services rendered during the preceding twelve (12)-
month period or to be rendered in any such capaCity has received or been
promised compensation equaling or likely to equal an amount in excess of
one thousand dollars ($1,000.00). (Ord. 432 1.01: Ord. 58 -76 1.06: Ord.
40 -98).
2.26.062 Conduct of Council Members.
Council members will hereafter conduct themselves according to the
following rules of conduct as they pertain to work for and on behalf of the
Enclosure 2 —City of Richland Code of Ethics 3
City of Richland:
A. A council member shall maintain decorum and set an example for
conduct when the council member represents the city. Council members
shall conduct themselves so as not to bring disgrace or embarrassment
upon the city.
B. A council member shall always represent that opinions stated are the
member's own and do not necessarily represent those of the council
unless the council has voted and passed an ordinance, resolution or
motion that so states the expressed policy.
C. If a council member writes to a citizen, the member may use City
stationery. However, the form and language must clearly state that
opinions are those of the writer unless the council has taken some official
action. The council member shall sign his/her name as "Mayor," "Mayor
Pro Tern" or "Council Member" as applicable. •
D. A council member must obtain approval of the council by motion to
represent the City to any organization if the City financially supports the
organization.
E. A council member must obtain approval of the council by motion to
attend any activity for whichthe City will pay two hundred dollars
($200.00) or more for travel and other expenses.
F. A council member shall not divulge the discussions held in executive
session until or unless:
1. The discussions have become public by some other means of which the
council member is not a voluntary participant,
2. The council itself has made the discussion public, or
3. The reason for secrecy has passed.
G. A council member shall make public any conflict of interest the member
has with respect to any issue under consideration by the council. The
nature of such conflict need only be described in terms that make clear the
existence of a conflict. The council member shall not participate in
discussions of the subject and shall not vote on it if:
1. The council member has a personal, financial or property involvement
in the subject,
2. The council member has close professional or social ties to the
participants, or
3. The ordinances of the City of Richland or the statutes of the state of
Washington prohibit the member's involvement.
If the council member has only a casual association with the subject or
parties, the member must state the relationship, and then may fully
Enclosure 2 -City of Richland Code of Ethics 4
participate.
H. A council member shall not use his/her office for personal gain,
especially financial gain, including particularly the acceptance of gifts and
gratuities.
I. A council member shall not make false statements on which the council,
City staff or other agencies rely to establish policy or make important
decisions. A council member violates this rule if he /she knows it is untrue,
or if the person has knowledge that would lead a reasonable person of
ordinary prudence to conclude that the statement is untrue. (Ord. 15 -92:
Ord. 40 -98).
2.26.063 Conduct of Board, Commission and Committee Members.
Members of council appointed boards, commissions and committees
(hereinafter referred to as members) shall hereafter conduct themselves
according to the following rules of conduct as they pertain to work for, and
on behalf of, the City of Richland:
A. A member shall maintain decorum and set an example for conduct
when the member represents the city. Members shall conduct themselves
so as not to bring disgrace or embarrassment upon the city.
B. A member shall always represent that opinions stated are the
member's own and do not necessarily represent those of the board,
commission or committee of which he /she is a member unless the body
has voted and approved a motion, resolution or other action supporting
such statements.
C. All motions, resolutions and other actions of boards, commissions and
committees shall be consistent with council policy unless the intent of such
an action is to recommend a change in policy to the council.
D. A member may write letters on City stationery and direct other
communications to citizens and others about matters related to the
member's board, commission or committee. However, the form and
language must clearly state that opinions are those of the member unless
the body or council has taken some official action. Such letters shall not
promise or imply that the City or any of its subsidiary organizations will
make any particular decision or undertake any particular activity. The
member shall sign his/her name as " chairperson," "vice- chairperson" or
board /commission /committee member," as applicable, on written
communications.
E. A member must obtain approval of the member's board, commission or
committee, by motion, to represent the body to any other organization.
Enclosure 2 —City of Richland Code of Ethics 5
The City Council must approve if:
1. The purpose is to participate in decision making; and /or
2. The City will spend one hundred dollars ($100.00) or more; and /or
3. The member intends to travel outside the Tri- Cities area on City
business.
F. A member shall not divulge the discussions held in executive session
until or unless:
1. The board, commission or committee itself, or the City Council has
made the discussion public;
or
2. The reason for the secrecy has passed. -
G. A member shall make public any conflict of interest the member has
with respect to any issue undef consideration by the member's board,
commission or committee. The nature of such conflict need only be
described in terms that make clear the existence of a conflict. A member
shall not participate in discussions of the subject and "shall not vote on it if:
1. The member has a personal, financial or property involvement in the
subject;
2. The member has close professional or social ties to the participants; or
3. The ordinances of the City of Richland or the statues of the state of
Washington prohibit the member's involvement.
If the member has only a casual association with the subject or parties,
the member must state the relationship and then may fully participate.
H. A member shall not use his/her position for personal gain, especially
financial gain, including particularly the acceptance of gifts or gratuities.
I. A member shall not intentionally make false statements on which his /her
board, commission or committee, or the City Council, City staff or other
agencies rely in conducting the business of the city. A member violates
this rule if he /she knows the statement is untrue, or if the person has
knowledge that would lead a reasonable person of ordinary prudence to
conclude that the statement is untrue. (Ord. 40 -98).
2.26.064 Violation and Penalties.
The following procedure will be implemented by the Council Ethics and
Administration. Committee when an alleged violation of the rules stated in
Section 2.26.062 or Section 2.26.063 occurs:
A. Any council member who believes that another council member, or
member of a council- appointed board, commission or committee, has
violated the council ethics rules, or any member of a board, commission or
committee who believes another member of his/her board, commission or
committee has violated the council ethics rules, shall submit a written
Enclosure 2 —City of Richland Code of Ethics 6
statement of the purported violation to the Council Ethics and
•
Administration Committee.
B. The committee shall review the violation to determine whether
adequate reasons exist to bring formal charges. The violator shall remove
himself /herself from the committee if a member and the council shall
substitute another council member for the review.
C. The committee shall come to one (1) of the following conclusions:
1. There is insufficient evidence to conclude that any particular violation
has occurred. In this case, the committee shall keep any records
confidential.
2. The committee concludes there may have been a violation, in which
case the committee may call for full review by the council in executive
session.
D. If the committee concludes there may have been a violation, the. council
shall classify the possible violation as major or minor in executive session.
If the council determines that a minor violation has occurred, it shall pass
an appropriate motion of censure at a public meeting. The violator may
demand a public hearing for minor violations. A major violation shall result
in a public hearing by the council. The council shall select one (1) of its
members to present its findings at the hearing. The violator shall neither
conduct the meeting during the hearing nor shall the member present the
findings. The council shall give the accused council member or board,
commission or committee member adequate time to prepare a case and
to present the case at the public hearing. Both the council and accused
member shall present their own cases but they may be accompanied by
counsel during the proceedings. The council presenter and the accused
may present witnesses who shall present their evidence upon oath. After
hearing the evidence, the council shall determine whether the purported
violation was major, minor or whether there is insufficient evidence to
determine that a violation occurred. If the council determines that a
violation occurred, they shall also establish a penalty commensurate with
the violation. The council may remove the violator from the positions of
mayor or mayor pro tern, if applicable, as part of the penalty if they deem it
appropriate. (Ord. 15 -92: Ord. 40 -98).
2.26.110 Findings Open to Public - Exceptions.
The record of the committee's findings and other records made or filed
under this chapter shall be open to public inspection unless such
designation is inconsistent with some other provision of law or this
chapter; provided, that the council ethics and administration committee, in
the conduct of any hearing or proceeding within its power, may make
reasonable orders necessary for the protection of individuals who may be
incorrectly accused or who may be disproportionately harmed by
Enclosure 2 —City of Richland Code of Ethics 7
premature disclosure; including orders that the committee's findings in a
particular hearing shall not be open to public inspection pending the
initiation of civil or criminal action by the city. However, the findings shall
be made public within three (3) days from the time they are rendered; and
provided further, that no such order shall have the result of precluding any
enforcement agency from taking action within its own jurisdiction. (Ord.
432 1.01: Ord. 40 -98).
2.26.115 Initiation of Appropriate Action.
If the findings of the committee disclose a violation of this chapter, the City
Attorney shall initiate appropriate action to effectuate the purposes of this
chapter; provided, that if the findings of the committee disclose a violation
by the City Manager or City Attorney, then the mayor shall initiate
appropriate action to effectuate the purposes of this chapter. In that
situation requiring special advice on matters of ethics, the council can
convene an ad hoc citizen's committee to advise the City Council. (Ord.
58 -76 1.09: Ord. 40 -98).
2.26.120 Public Official or Public Employee - Violation.
A. Any public official or public employee who knowingly and willfully
violates any provision of this chapter shall be guilty of a misdemeanor;
provided, that the criminal sanctions herein set forth shall not apply to a
violation of Section 2.26.050, its being the intent of the City Council that
openness and free disclosure, in appropriate situations, not be hampered
through fear of possible prosecution. In addition to the penalties herein
provided, violation may constitute a cause for suspension, removal from
office or employment, or other disciplinary action, which may include
restitution or judicial action for recovery of any loss to the City that resulted
from violation of this chapter.
B. For the purpose of this section a public official or public employee acts
knowingly or with knowledge when:
1. He is aware of a fact, facts, or circumstances or result described by this
chapter; or.
2. He has information which would lead a reasonable man in the same
situation to believe that facts, circumstances, or results exist which are
described by this chapter.
C. The element of willfulness is satisfied if a public official or public
employee acts knowingly with respect to the material elements
constituting a violation of this chapter. (Ord. 432: Ord. 58 -76 1.10: Ord. 4-
85).
•
2.26.130 False Charge Violation.
Any person who files with the council ethics and administration committee
Enclosure 2 —City of Richland Code of Ethics 8
a false charge of misconduct on the part of any public official or public
employee when the person knows it is false, shall be guilty of a
misdemeanor. In addition to the penalties herein provided any person
convicted of a violation of this section shall also pay the costs and
expenses of the committee's investigation. (Ord. 58 -76 1.11: Ord. 432:
Ord. 4 -85: Ord. 40 -98).
Enclosure 2 —City of Richland Code of Ethics 9
ENCLOSURE 3 —
City of Federal Way Code of Ethics
INTRODUCTION
City Councilmembers are elected to exercise their discretionary powers
pursuant to the laws and the Constitution which may often involve honest
disagreement on policy matters; and
In the exercise of these powers the Councilmembers should operate
within a framework that will protect the public trust and ensure public
confidence in the conduct of elected officials and public employees; and
Good government should operate and conduct itself in an open and
impartial manner, and to a standard that ensures an efficient, fair and
accountable system; and
The Code of Ethics includes a method to appoint an alternate Board of
Ethics member in cases of recusement or other unavailability; and
The Code of Ethics includes sanctions for violations of the Code of
Ethics; and
The Code of Ethics grants the Board of Ethics subpoena powers in order
for the Board to complete a full and fair investigation. of any written
complaint before the Board; and
The Code of Ethics provides for the stay of the complaint proceedings
during the City Council's consideration of the board of Ethics application
for subpoena power or during any proceeding to compel a person to
respond to a properly issued subpoena.
Enclosure 3 — Federal Way Code of Ethics 1
Section .1 - Policy
The City of Federal Way is committed to conducting its business in a fair,
open, efficient and accountable manner. Public Officials and Employees
shall conduct their public and private actions and financial dealings in a
manner that shall present no apparent or actual conflict of interest between
the public trust and that private interest. Each Official and Employee is
assumed and expected to act in accordance with all laws and codes of ethics
that may apply to his or her position, as well as striving to avoid even an
appearance of impropriety in the conduct of his or her office or business.
Each Employee should be informed of this Code of Ethics and meet its
requirements. Questions regarding its interpretation should be brought to an
Employee's Supervisor and the City Attorney for interpretations of this Code
and should proceed through processes provided for in the Personnel Policy
Manual to act upon allegations of misconduct in violation of this Code.
Questions regarding the interpretation of the Code as applied to Council-
members and allegations of violation of this Code by Councilmembers shall
be referred to the Board of Ethics tlrough.the process established herein.
Section 2 - Definitions
Throughout this Code of Ethics, the following definitions shall apply.
2.1 City Council
For the purposes of this Code of Ethics only, "City Council" or
"Councilmembers" also includes members of City Boards, Commis-
sions, Committees, or other multi - member bodies appointed by the City
Council.
2.2 Family •
Spouse, parent, child, sibling, aunt, uncle, niece, nephew, cousin, grand -
child, grandparent or any parent -in -law, son - or daughter -in -law, or
brother - or sister -in -law. --
2.3 Financial interest
(a) Uxistence A financial interest may be deemed to exist in any of
the following situations:
(1) A creditor, debtor or ownership interest in any corporation,
partnership, joint venture or other entity (including without
limitation, ownership evidenced by stock purchase) in an amount
. or value to or greater than a one percent (1 %) interest in any such
entity, or
Enclosure 3 — Federal Way Code of Ethics 2
2.6 Remote Interest
A remote interest may be deemed to exist where an individual is:
(a) An unpaid officer, board member, or other person who functions
in a decision - making capacity which can influence policy or fund-
ing of a corporation, partnership, joint venture or other entity;
(b) A landlord or tenant of an entity contracting with the City of
Federal Way; or,
(c) A holder of less than one percent (1 %) of the shares of, or
owner -ship interest in, a business entity contracting with the City;
provided, no interest shall be deemed to be remote where a Council -
member influences or attempts to influence any other Council-
member or City Employee to take any action which financially
benefits the Councilmember by or through the interest.
2.7 City Employee
Any individual who is appointed as an Employee by the appointing
authority for the City.
•
2.8. Manager
•
The individual who has been appointed the City Manager of the City of
Federal Way by the Federal Way City Council,
Section 3 - Personal Gain or Profit
3.1 A Councilmember, the Manager or Employee shall not knowingly use
his or her office or position for personal or family gain or profit.
3.2 A Councilmember, the Manager or Employee shall not use City -owned
property or City services for personal or family gain or profit.
3.3 A CounciImember, the Manager or Employee shall not use information
acquired in•confidence from a City customer, supplier, lessee or
contractor for other than City purposes.
Enclosure 3 — Federal Way Code of Ethics . 3
Section 4 Conflict of Interest
4.1 A Councilmember, the Manager or Employee shall not knowingly
engage in activities which are in conflict, or which have the potential to
create a conflict, with performance of official duties. Examples of
conflicts, or potential conflicts of interest include but are not necessarily
limited to, circumstances where the Councilmember. Manager or
Employee:
(a) Influences the selection or non- selection of or the conduct of
business between the City and any entity when the Councilmember.
Manager or Employee has a financial interest.
(b) Solicits for himself or herself or for another, a gift or any other
thing of value from the City or from any person or entity having
dealings with the City; provided, however, that no conflict of
interest for the Councilmember, Manager or Employee shall be
deemed to exist with respect to solicitation for campaign contribu-
tions required to be reported under Chapter 42.17 RCW or for
•
_ charitable contributions.
(c) Accepts any retainer, compensation, gift or other thing of value
which is contingent upon a specific action or non - action by the City
Council, City Manager or Employee.
(d) Accepts a gift in any manner other than as provided in Section 5
(Acceptance of Gifts) below.
• (e) Intentionally uses or discloses information not available to the
general public and acquired by reason of his or her official position
which financially benefits himself or herself, family, friends or
others.
4.2 A Councilmember shall not take part in any Council action, as that
term is defined in Chapter 42.30 RCW, concerning any contract,
property, or other matter of any kind, in which the Councilmember or
his or her immediate family has a financial interest, or which other -
wise creates a conflict of interest.
4.3 A Councilmember shall disclose the fact and extent of a remote interest
for the official minutes of the City Council prior to taking any action
related to the interest and, thereafter, all action taken by the City Council
related to such interest shall be by a vote sufficient for the purpose
without counting the vote of the Councilmember having the remote
interest,
Enclosure 3 — Federal Way Code of Ethics 4
4A Restiictions After Leaving City
•
(a) For one (1) yearafter leaving the City, a Councilmember, the
Manager or an Employee may not hold or acquire a financial
interest, direct or indirect, personally or through their family, in any
contract made by, through, or under their supervision, or accept,
directly or indirectly, any compensation, gratuity, or reward from
any person interested in such a contract or transaction.
(b) For one (1) year after leaving the City, a Councilmember, the
Manager or an Employee may not (a) assist anyone in proceedings
involving the City where such Councilmember, Manager or
Employee worked on a matter in which they were officially
involved in the course of their duties; (b) represent any private
person as an advocate on a matter in which they were involved; or
(c) Compete for a City contract when they were involved in
determining the scope of work or the selection process. A Council -
member, the Manager or an Employee may never disclose or use
the City's privileged or proprietary information except to perform
official duties.
Section 5 -- Acceptance of Qifts
5.1 Except as provided in Section 4.A. above, a Councilmember or
Employee may not accept gifts of cash in any amount.
5.2 The Councilmen the City Manager and City Employees may not
accept personal gifts.
Section 6 - Campaign Activities
City Employees may participate in the political process only on their own
time, and only outside of the workplace by working on campaigns for the
elections of any person to any office, or for the promotion of or the
opposition to any ballot proposition, and shall not use or authorize the use of
the facilities of the City for such purposes except as may be authorized by
law under the provisions of Chapter 42.17.130 RCW.
Enclosure 3 — Federal Way Code of Ethics 5
Section 7 - Board of Ethics
Complaint Against a Councilmenber and Advisory
Opinions Regarding Councilmembers.
7.1 There is created a Board of Ethics for the City of Federal Way. The
purpose of this Board of Ethics is to issue advisory opinions on the
provisions of this Code of Ethics and to investigate and report to the
City Council on any alleged violations of this Code of Ethics, all as set
forth below.
7.2 The Board of Ethics shall be composed of three (3) members, and one
(1) alternate member ('first alternate ") none of which shall be a City
Councilmember or City Employee. The board members shall be
appointed by the City Council. The alternate member may attend all
meetings of the board, but shall have no voting rights except as other-
wise provided herein. The term of each board member shall be three
(3) years. The first three members shall be appointed for one (1), two
(2) or three (3) year terms, respectively.
The first Chair of the Board shall be determined by the Council and
the Chair shall be appointed to the three (3) year term. The other
terms are to be determined by lot. After the first year of the Chair's
term, the Board shall determine and elect its Chair thereafter. The
Chair shall serve for a period of one (1) year, unless reelected. In the
event a Board member must recuse himself or herself or otherwise
be unavailable to conduct Board business, the first alternate member
shall serve in his/her place. If a second alternate member is required,
the Board shall select such alternate member from. a pool consisting
of prior Board members who have served during the three (3) prior
terms ( "second alternate "). The second alternate Board member
shall be chosen by agreement of the remaining Board members. In
the event no former Board members are available, the City Council
shall an alternate Board member. In filling any vacancy or
making an appointment to the Board of Ethics, the City Council
shall strive to select members with diverse perspectives and areas of
expertise appropriate to the review of ethical matters, and who are
of good general reputation and character.
Enclosure 3 — Federal Way Code of Ethics 6
•
7.3 A majority of the Board of Ethics shall constitute a quorum. The
Board shall meet as frequently as it deems necessary and in
accordance with the provisions of the Code. The Board shall adopt
procedures consistent with the provisions of this Code governing the
conduct of its meetings, investigations, hearings and the issuance of
opinions.
7.4 Specific Complaint Against a Councilmember
(a) Any person may submit a written complaint to the City Clerk
alleging one (1) or more violations of this Ethics Code by a Council-
member. The allegation must set forth specific facts with precision
and detail, sufficient for a Determination of Sufficiency by the
Board. In addition, the complaint must set forth the specific
sections and subsections of this Code that the facts violate, and the
reasons why. Each complaint must be signed by the person or
persons submitting it, must state the submitter's correct name,
address at which mail may be personally delivered to the submitter,
and the telephone number at which the submitter may be contacted.
(b) The City Clerk shall submit that complaint to the Board for
Determination of Sufficiency of the complaint. A complaint cannot
be sufficient unless it precisely alleges and describes unjustified
acts which constitute a prima facie showing a violation of a speci-
fied provision or provisions of this Code. The purpose of requiring
that the complaint be sufficient is to ensure that the complaint is
supported by identifiable facts, and to ensure that the complaint is
not based on frivolous charges.
(c) The Board shall submit a written report with a finding of
sufficiency or insufficiency within ten (10) days of its receipt of the
written complaint. The Determination of Sufficiency by the Board
is final and binding, and no administrative or other legal appeal is
available. If the finding is one of sufficiency of the complaint, then
the complaint shall be investigated and reported as set forth below.
d) The Board shall conduct an investigation of the written complaint
before it. The Board shall begin the investigation no later than ten
(10) calendar days after the Determination of Sufficiency of the
complaint and shall conclude the investigation no later than four-
teen (14) calendar days after it commences the investigation unless
a longer time period has been requested by the Board and has been
approved by the Council; provided, however, that the running of
these time periods shall be tolled and the complaint proceedings
shall be stayed in the event the Board makes application to the City
Council for subpoena power or in the event the City Council issues
Enclosure 3 — Federal Way Code of Ethics 7
a subpoena and any person refuses to obey such subpoena. The stay
of the complaint proceedings shall continue until such time as the
subpoena is either issued or denied by the City Council or until
such time as a Superior Court issues an order on the subpoena. The
Board shall render a written opinion, setting forth its findings of
fact and conclusions and opinion as to whether or not the individual
against whom the complaint was filed has violated the Code of
Ethics.
(e) The City Council may issue subpoenas in response to the
Board's application for the attendance and testimony of witnesses
and the production of documentary evidence relating to any matter
under investigation by the Board or in connection with any hearing
conducted by the Board. The Board shall request subpoena power
by making a written application to the Mayor and Deputy Mayor
describing in detail the subject matter of the proposed subpoena and
an explanation of why such information is reasonably necessary in
order to conduct the Board's investigation or hearing. The subpoena
may be issued in the event the Mayor and Deputy Mayor determine
the subpoena request is reasonable. In the event the Mayor and
Deputy Mayor are unable to agree upon such a determination or the
complaint alleges a violation of the Ethics Code by the Mayor or
the Deputy Mayor, the entire City Council'shall make a determina-
tion as to the reasonableness of the Board's application for
subpoena power. In the event any person disobeys a subpoena, the
City Council may invoke the aid of any Superior Court of the state.
Such court may issue an order requiring such person to appear be-
fore the Board, to produce documentary evidence, and/or to provide
testimony, and any failure to obey such order may be punished by
that court as contempt.
(f) No opinion may be issued by the Board unless a person. or entity
complained against has had an opportunity to present information
on his, her or its behalf at a hearing before the Board.
(g) A copy of the written opinion shall be delivered to the City
Council and the complaining party within seven (7) calendar days
of conclusion of the hearing unless a longer time period has been
requested by the person against whom the complaint is focused, and
has been approved by the Board unless a longer period has been
requested by the Board and has been approved by the City Council,
Enclosure 3 — Federal Way Code of Ethics 8
(h) In the event the advisory written opinion provides that the
individual against whom the complaint has been filed has violated
the Code of Ethics and the City Councilmembers adopt this opinion
by a majority vote, then the City Council may take any of the
following actions by a majority vote of the Council:
(I) Admonition - An admonition shall be a verbal non - public
statement made by the Mayor to the individual.
(2) Reprimand - A reprimand shall be administered to the
individual by letter. The letter shall be prepared by the City
Council and shall be signed by the Mayor. If the individual
objects to the content of such letter, he or she may file a request
for review of the content of the letter of reprimand with the City
Council. The City Council shall review the letter of reprimand in
light of the advisory opinion and the request for review, and may
take whatever action appears appropriate under the circumstances.
The action of the City Council shall be final and not subject to
further review.
(3) Censure - A censure shall be a written statement administered
personally to the individual. The individual shall appear at a time
and place directed by the City Council to receive the censure.
Notice shall be given at least twenty (20) days before the
scheduled appearance at which time a copy of the proposed
censure shall be provided to the individual.. Within five (5) days
of receipt of the notice, the individual may file a request for
review of the content of the proposed censure with the City
Council. Such a request will stay the administration of the
censure. The City Council shall review the proposed censure in
light of the advisory opinion and the request for review, and may
take whatever action appears appropriate under the circumstances.
The action of the City-Council shall be final and not subject to
further review. If no such request is received, the censure shall be
administered at the time and place set. It shall be given publicly,
and the individual shall not make any statement in support of or in
opposition thereto or in mitigation thereof. A censure shall be
deemed administered at the time it is scheduled whether or not the
individual appears as required.
Enclosure 3 — Federal Way Code of Ethics 9
(4) Removal - In the event the individual against whom the
complaint has been filed is a member of a City Board, Commis-
sion, Committee, or other multi - member bodies appointed by the
City Council, the City Council may, by a majority vote, remove
the individual from such Board, Commission or Committee;
provided, however, that nothing in this section authorizes the City
Council to remove a Councilmember from his or her office. In the
event the individual against whom the complaint has been filed is
a Councilmember, the City Council, by a majority vote, may
remove the individual from the position of Mayor or Deputy
Mayor and the Mayor may remove such individual from the
position of Chairperson of any Council committee.
7.5 The Board of Ethics may also render written opinions concerning the
applicability of the Code of Ethics to hypothetical circumstances or
situations upon the request of any person.
7.6 The City shall release copies of any written advisory opinions or
opinions resulting from an investigation of a complaint and any
written censures or reprimands issued by the City Council in response
to public records requests as consistent with Chapter 42.17 RCW and
any other applicable public disclosure laws.
7.7 The City Manager shall provide staff, as he or she deems appropriate,
to assist the Board of Ethics.
7.8 Board members shall be reimbursed by the City for reasonable
expenses incurred in its exercise of the official business of the Board,
consistent with the expense reimbursement policies of the City.
Section 8 -- Complaints Against Employees
Any and all complaints regarding City Employees shall be brought to the
Employee's supervisor. The supervisor, or appropriate individual as
determined by the City Manager, shall investigate the complaint. AU action
related to complaints about City Employees shall be in accordance with the
Personnel Policy Manual.
Enclosure 3 — Federal Way Code of Ethics 10
ENCLOSURE 4 - Code of Ethics for Government Service
Any person in Government service should:
I. Put loyalty to the highest moral principles and to country above loyalty to
persons, party, or Government department.
II. Uphold the Constitution, laws, and regulations of the United States and of all
governments therein and never be a party to their evasion.
III. Give a full day's labor for a full day's pay; giving earnest effort and best thought
to the performance of duties.
IV. Seek to find and employ more efficient and economical ways of getting tasks
accomplished.
V. Never discriminate unfairly by the dispensing of special favors or privileges to
anyone, whether for remuneration or not; and never accept, for himself or herself
or for family members, favors or benefits under circumstances which might be
construed by reasonable persons as influencing the performance of
governmental duties.
VI. Make no private promises of any kind binding upon the duties of office, since a
Government employee has no private word which can be binding on public duty.
VII. Engage in no business with the Government, either directly or indirectly, which is
inconsistent with the conscientious performance of governmental duties.
VIII. Never use any information gained confidentially in the performance of
governmental duties as a means of making private profit.
IX. Expose corruption wherever discovered.
X. Uphold these principles, ever conscious that public office is a public trust.
Enclosure 4 —Code of Ethics for Government Service 1