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Home My WebLink AboutR-2009-119 Code of Ethics for City Council MembersRESOLUTION NO. R-2009-119 A RESOLUTION . adopting a Code of Ethics for Yakima City Council Members to promulgate principles of ethical conduct providing for high standards of conduct in order to maintain the public trust. WHEREAS, the citizens of the City of Yakima are entitled to impartial, ethical and accountable local government which has earned the public's full confidence; and WHEREAS, in keeping with the City of Yakima's commitment to excellence, all City Council members must comply with both the letter and spirit of the laws and policies affecting the operation of government; and WHEREAS, all City Council Members are required to be impartial and fair in their judgment and actions and ensure that public office is used for the public good; and WHEREAS, all City Council Members are committed to conducting the City of Yakima's business in a fair, open and efficient manner, and WHEREAS, the Yakima City Council has determined that the adoption of a Code of Ethics for its members will promote open, fair and efficient operations and is in the best interest of the public, and WHEREAS, the City Council finds that it is in the best interest of the City to adopt the attached Resolution No. 2009- ; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council adopts the attached Code of Ethics for Yakima City Council Members. ADOPTED BY THE CITY COUNCIL this is day of September, 2009. ATTEST: David Edle , Mayor MEMORANDUM August 27, 2009 TO: Honorable Mayor and City Council Members Dick Zais, City Manager FROM: Jim Mitchell, Assistant City Attomey SUBJ: Code of Conduct ENCL: (1) Proposed Resolution (2) Proposed Code of Ethics During the July 28th, 2009 study session, the City Council engaged in an ethics discussion which centered around a comprehensive draft type of ordinance which was presented as a threshold discussion model. The general consensus of the Council favored adopting some form of a Code of Ethics. The Rules and Procedures Committee was tasked with exploring and providing a draft for consideration by the full Council. The Committee first met on August 171h, 2009, where numerous options were explored, primarily a general type of Code for elected officials, and a distilling of the previously discussed comprehensive draft. A general type of Code was favored, simple and lucid in nature, but including specific prohibitions to differentiate from a purely ceremonial or inspirational type. The Committee believed a simplified form would provide a general framework useful for both the Council and the public, thus avoiding the implementation of a potentially laborious system with too much redundancy. The Committee concluded that an initial complaint screening by the Council itself presented the most streamlined and efficient means of validation, with forwarding of serious complaints to appropriate authorities on a case by case basis. This protocol provides openness and flexibility without a rigid and complex ordinance approach. The Committee met again on August 25th, 2009. The discussion centered on review of a draft Code with a core of tenets which could be broken out and displayed as many Code's of this type are. Tenets of the proposed Code were discussed line by line, and complaint processing was further developed. In order to deter frivolous or harassing complaints, a clause explaining that false or harassing complaints could be forwarded to appropriate law enforcement authorities was added. The following Resolution and Code are submitted for the Council's consideration. • • • PREAMBLE The proper operation of democratic government requires independence, impartiality, and accountability of its leaders. It is the policy of the City of Yakima to uphold, promote and demand the highest standards of ethical conduct from its elected officials. In order to maintain, foster and strengthen the faith and confidence of the people in their goveming body, the City of Yakima has adopted this Code of Ethics to provide the framework for the highest standards of City Council member's personal and professional conduct. CODE of ETHICS For YAKIMA CITY 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 City of Yakima: I. Council members shall maintain decorum and set an example for conduct when representing the City, and endeavor not to disgrace or embarrass the City while acting in an official capacity. II. Council members shall 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. III. Council members shall not divulge the discussions held in executive session. IV. Council members shall make public any conflict of interest the member has with respect to any issue under consideration by the council. The council member shall not participate in discussions of the subject and shall not vote on it if the council member has a personal, financial or property involvement in the subject. V. Council members shall not use their position or City resources for personal or family gain, especially financial gain, including the acceptance of gifts and gratuities. VI. Council members shall not hold or acquire a financial interest in any contract voted on by them for one year after leaving office. VII. Council members shall not assist or represent parties in official City matters they where involved in while in office for one year after leaving office. VIII. Council members shall not make knowingly and intentionally false statements on which the Council, City staff or other agencies rely to establish policy or make important decisions. APPLICATION This code does not abrogate or abridge applicable Federal and State Laws, including 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. Initial complaints will be noticed and promptly screened by the City Council in an executive session for validity. Substantiated complaints shall be classified as minor or major. Minor complaints may result in a verbal reprimand, motion of censure or admonition at the next public hearing. Major violations will be forwarded to the appropriate agency for action, up and including potential criminal charges. FALSE COMPLAINTS Any person who files a knowingly false and/or harassing complaint may subject themselves to criminal prosecution by the appropriate authority. • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting Of: 9/1/2009 ITEM TITLE: Consideration of proposed Code of Ethics and Resolution SUBMITTED BY: Jim Mitchell, Assistant City Attorney CONTACT PERSON/TELEPHONE: Jim Mitchell, 575-6307 SUMMARY EXPLANATION: The proper operation of government requires independence, impartiality and accountability of its leaders. In order to foster, strengthen and maintain confidence of the public in its elected officials, a Code of Ethics for Yakima City Council Members is presented for consideration and subsequent adoption. Resolution X Ordinance Other (Specify) Contract, Mail. to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Not applicable. This is a Council policy issue. BOARD/COMMISSION RECOMMENDATION: The Council Rules and Procedures Committee has reviewed and is forwarding to the full Council for consideration. COUNCIL ACTION: