HomeMy WebLinkAboutReg 2006-08-07 COMPLETE AGENDA PACKET Jwwq, Tukwila City Council Agenda
0. r REGULAR MEETING
a k
i A1-: Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez
Rhonda Berry, City Administrator Pam Carter Jim Haggerton
7908 Dennis Robertson, Council President Pamela Linder Verna Griffin
Monday, August 7, 2006; 7:00 PM Ord 2126 Res #1610
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL a. "A Roof Over Every Bed in King County Bill Block, Project Director, Pg.
PRESENTATIONS Committee to End Homelessness, King County (15 minutes).
b. Tukwila Pond Report presentation; Pg.
Christine Harrington, DCD Intern (15 minutes).
3. CITIZEN At this time, you are invited to comment on items not included
COMMENT on this agenda. To comment on an item listed on this agenda,
please save your comments until the issue is presented for discussion.
4. CONSENT a. Approval of minutes: 7/17/06 (Regular) and 7/24/06 (Special).
AGENDA
b. Approval of vouchers.
c. Final acceptance of Foster Golf Links Irrigation System Filter Pg.
Replacement Project with Golf Pumping Services;
authorize release of retainage subject to the standard claim and
lien release procedures (total contract cost: $37,655.68).
d. Accept turnover of public infrastructure at Cascade Glen a /k /a Pg.
Hillside Homes (value of transferred assets from developer to the
City is $356,291.18).
5. PUBLIC a. Development Agreement with Fountain Park LLC covering
HEARINGS exchange of certain parcels of property between Fountain Park and
the City of Tukwila. Fountain Park proposed a residential mixed
use development of approximately 300 units with approximately
5,000 square feet of retail space. The proposed project is located just
south of I -405 between the Union Pacific and BNSF Burlington Northern
railroad tracks and just north of Longacres Way (see 7/24/06 COW).
b. An ordinance modifying TMC Title 19 regarding signs. The Pg.
proposed modifications will permit public facilities in the City to
construct and operate changing message signs.
6. UNFINISHED a. Authorize the Mayor to sign a Developer's Agreement between
BUSINESS Fountain Park and the City of Tukwila that includes an exchange of
certain parcels of property and development of a residential mixed
use project known as Tukwila Station (see 7/24/06 COW)
(see item 5.a. above).
(Continued)
Tukwila City Council Agenda
REGULAR MEETING
Monday, August 7, 2006
Page 2
6. UNFINISHED b. An ordinance modifying TMC Title 19 to permit public facilities in
BUSINESS the City to construct and operate changing message signs
(Continued) (see item 5.b. above).
c. An ordinance amending Ordinance No. 2068 codified at TMC 2.95 Pg.
relating to prohibited conduct and the complaint process.
7. NEW BUSINESS
8. REPORTS a. Mayor c. Staff e. Intergovernmental
Council d. City Attorney
b. City Cottn y y
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice
to the City Clerk's Office 206 433- 18001TDD 206 248 -2933. This notice is available at
www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
ti Initials ITEM NO,
O t f s2
a f L to) I Meetinz Date 1 Prepared by Mayor's r s view 1 tncil review
�k 08/07/06 1 RS Mi<
1 I 1 1 1
ITEM INFORMATION
CAS NUMBER: 06-085 ORIGINAL AGENDA DATE: 8/7/06
AGENDA ITEM TITLE Notice of Completion for Foster Golf Links Irrigation System Filter Replacement.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 8/7/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S The Foster Golf Links irrigation system filters have been replaced by Golf Pumping Services
SUMMARY according to the project specifications. The project was completed on time,
with no change orders. The final project cost were $37,655.68, including WSST.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Ui: 7/25/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Notice of Completion
COMMITTEE Approve and forward to Regular Council meeting concent agenda.
COST IMPACT/ FUND
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$39,538.46 $35,000.00
Fund Source: 411.00.594.760.05
Comments: $2,65568 will be taken from golf maintenance budget,
-MT=G -DATE RECORD OF-COUNCIL ACTION
MTG -DATE ATTACHMENTS 7/25/06 I Memo rated 7/19/06 to Community Affairs and Parks.
7/25/06 1 Minutes from the 7/25/06 CAP meeting.
.y2p Parks and Recreation Den artment
4807 i
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MEMORANDUM
TO: Mayor Steve Mullet
Community Affairs and Parks Committee
FROM: C Rick Still, Deputy Director of Parks and Recreation
DATE: July 19, 2006
SUBJECT: Foster Golf Links Irrigation System Filter Replacement
Project Number 06- PK/Golf -08, Contract No. 06 -063
Proiect Completion and Acceptance
BACKGROUND
As per the 2006 Capital Improvement Project Budget, the City's Foster Golf Link Irrigation
System Filters have been replaced. This special filter system keeps the irrigation system's
pumps and lines clear of debris to allow safe pumping and proper irrigation of the golf
course. The filter system is needed because the water is being pumped from a pond rather
than from the City's potable water system.
The contract was awarded to Golf Pumping Services in the amount of $37,655.68 (WSST
included). The project began on Friday, June 9, 2006 and was completed on Monday, June
27, 2006. The contract costs are summarized as follows:
Contract Award 34,610.00
Change Orders 0
Subtotal 34,610.00
8.8% Sales Tax 3,045.68,
Total Contract Amount 37,655.68
DISCUSSION:
The action recommended below will authorize the release of the 5% retention amount
($1,730.50) to Golf Pumping Services.
RECOMMENDATION
Recommend completion and acceptance of the Foster Golf Links Irrigation System Filter
Replacement Project and authorize release of 5% retention bond subject to standard claim
and lien release procedures.
cc: City Administrator
Director of
Parks Recreation
State of Washington
Department of Revenue
PO Box 47474
REVENUE Olympia WA 98504 4474 Contractor's Registration No. (UBI No.) 602 279 280
Date 7/18/06
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
Name of Public Agency 1 Department Use O my
City Of Tukwila Assigned To
6200 Southcenter Blvd
Tukwila, Wa 98188
Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
Foster Golf Links Irrigation System Filter Replacement 06 063
Contractor's Name Telephone Number
Golf Pumping Services 425 922 9725
Contractor's Address
13531 124 Ct. NE, Kirkland, WA 98034
Date Work Commenced Date Work Completed Date Work Accepted
6/9/06 6/27/06 7/10/06
Surety or Bonding Company
Contractors Bonding And Insurance Company
Agent's Address
1213 Valley Street, Seattle, WA 98109
Contract Amount 34,610.00
Additions 0.00 Liquidated Damages 0.00
Reductions 0.00
Sub -Total 34,610.00 Amount Disbursed 35,925.18
Amount of Sales Tax Paid at 8.8 2,905.71 Amount Retained 1,730.50
(If various rates apply, please send a breakdown.)
TOTAL 37,655.68 TOTAL 37,655.68
Disbursing Of; eer -j
Comments:
Signature
Type or Print Name Diane Jaber
Phone Number 206 433 -1871
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
REV 31 0020e (6 01)
Community Affairs and Parks Committee
July 25, 2006 5:00 p.m.
Present: Joan Hernandez, Chair; Joe Duffle, and Pam Linder.
Rick Still, Deputy Director of Parks and Recreation; and Diane Jenkins, Administrative
Assistant to the Council.
/Business Agenda:
A. Notice of Completion Golf Irrigation System Filter Replacement Project
Mr. Rick Still indicated that it is being recommended the completion and acceptance of Foster Golf
Links Irrigation System Filter Replacement project and the authorization to release the retention bond.
He noted that no change orders were submitted for this project. Unanimous approval, forward to
regular council meeting.
Adjournment: 5:05 p.m.
Committee Chair Approval
Minutes by DJ.
.vrra COUNCIL AGENDA SYNOPSIS
Tnitialr ITEMNO.
1 1 I Meeting Date 1 Prepared by 1 Mayor's review 1 TCoAncil review 1
w�
eigy 7/10/06 I
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t' ',N 1 8/7/06 I Dl. ,GeGe/"
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ITEM INFORMATION
CAS NUMBER: 06-083 I ORIGINAL AGENDA DATE: JULY 10, 2006
AGENDA ITEM TITLE Turnover of Public Infrastructure at Cascade Glen a /k /a Hillside Homes
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other
Mtg Date Mtg Date 8/7/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council "vi Adm Svcs DCD Finance Fire Legal P&R Police PT
SPONSOR'S Accept turnover, with the addition of the siltation pond along with the storm drainage
SUMMARY system, street infrastructure and streetlights as part of the development at Cascade Glen.
These improvements are now valued at $356,291.18 and are located at 13223 40 Ave
South. Public Works staff inspected the facilities and all permits were signed off and ready
for turnover.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 06/26/06 and 7/24/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Accept turnover of public infrastructure.
ComvinTEE Unanimous approval, forward to Regular Consent Agenda
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
07/10/06 Removed from Consent Agenda with Council requesting additional information.
8/7/06
MTG. DATE ATTACHMENTS
07/10/06 Information Memo with site maps dated June 15, 2006
Transportation Committee Minutes from June 26, 2006
08/07/06 New Information Memo with site maps dated July 14, 2006
Transportation Committee Minutes from July 24, 2006
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director n
Date: July 14, 2006
Subject: Turnover of Street, Street Lighting, Storm Drainage Facilities, Siltation Pond, and
Storm Detention Facility within Public Right -of -Way, Private Tracts, a Public Tract,
and an Easement Located within and Adjacent to 40 Ave S and S 132 PI, Tukwila
ISSUE
Accept turnover of storm drainage system constructed within street right -of -way, private tracts and an
easement; storm detention facility constructed within a public tract; siltation pond constructed within a
private tract; street infrastructure includirg street lighting constructed within public right -of -way all as
part of the development known as the Cascade Glen Development.
Cascade Glen a/k/a Hillside Homes
Permit Nos. Ml2000 -278 L03 -008
Site Location —13223 40 Ave. South, Tukwila
Parcel Nos. 734060 -0942 734060 -0929 142260 -0230
BACKGROUND
The development of Cascade Glen is now completed. As a condition of the development, Cascade Glen
facilities included the construction of 32,500 SF ATB asphalt paving, 630 Tons asphalt paving, 8 EA Type 1
catch basins, 3 EA Type 1L catch basins, 7 EA Type 2 48" catch basins, 2 EA Type 2 54" catch basins,
881 LF 12 -inch ADS N -12 storm pipe, 472 LF 18 -inch ADS N -12 storm pipe, 95 LF 30 -inch ADS N -12 storm
pipe, 64 LF 24 -inch ADS N -12 storm pipe, 1100 LF curb and gutter, 6373 SF of 5 feet width sidewalk, 4 EA
street lights with service cabinet, conduit and conductor, 1 EA siltation pond, 1 EA detention pond (including
fencing and landscaping) and all appurtenances. The value of the transferred assets, from the Developer to
the City of Tukwila, is $356.291.18.
Conditions were placed on the development to provide the following turnover documents:*
1. Letter from owner requesting tumover
2. Capital Asset Acquisition form
3. List of Materials /Costs (City format)
4. Bill of Sale
5. Dedication of right -of -way with Real Estate Excise Tax Affidavit
6. Dedication of Tract 'E' for storm detention facility with Real Estate Excise Tax Affidavit
7. Assignment of Account for two -year maintenance period
8. As -built plans for proposed public facilities
The proposed public facilities have been constructed to City standards and inspected by Public Works
staff and are now ready for tumover as public infrastructure.
ALTERNATIVES
None.
RECOMMENDATION
Request Transportation Committee move to consent agenda authorizing Mayor to sign acceptance forms.
attachments: vicinity maps
Development file: Cascade Glen a/k/a Hillside Homes
*NOTE: All documents are available at Public Works and will be presented at the meetinas.
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Minutes Transportation Committee 2
July 24, 2006
Page 2
C. Construction Management Services for2006 Overlay Program
A supplemental agreement will be submitted to cover a 45- calendar day construction period for the 2006 Overlay
Program with KBA, not to exceed $114,054. Unanimous approval, forward to Committee of the Whole meeting.
D. Turnover Documents for Cascade Glen alk/a Hillside Homes
Mr. Morrow noted that this had been discussed previously in committee, however, an inquiry was made that there
may be some additional infrastructure associated with surface water management (an additional pipe and siltation
pond that collects water from the hillside of Tukwila International Blvd). Originally, this pipe was considered private
infrastructure. Based on the inquiry, they reviewed the site and assessed that it would be appropriate to include this
as part of the turnover from Cascade Glen. Unanimous approval, forward to Regular Council.
Old Business
Mr. Duffle thanked Mr. Morrow and his staff for ,their work dealing with car washes being operated in the City. Mr. Morrow
related that soap and oil residue from car washes cannot be released into the surface water system which would then
enter streams /creeks. There was a complaint of a group of people operating car washes 4 -5 times a week in Tukwila and
neighboring cities. They are not operating as a business or for a nonprofit/charitable cause. Catch basins must be
plugged off, the water recovered, and then pumped into the sewer system. The City will work with property owners to
insure that they have the proper infrastructure to operate car washes so the discharge will not run into the surface water
system. Mr. Duffle related that it will be important to provide information to those groups who use car washes for
legitimate causes and to explain the reason why these procedures need to be implemented.
Ms. Carter reported on a broken water fountain on the Interurban trail near Costco and suggested that perhaps a spigot
could be added to allow people to fill water bottles.
Adjournment: 6:20 p.m.
Committee Chair Approv
inu tes by DJ, Reviewed by GL.
COUNCIL AGENDA SYNOPSIS
Ng9 s y S Initials ITEM No.
d..
0 1 1 1G);
1 .\Ieerirr, Dale Prepared by Mayor's rzvieur Conrail review
e 8 08/07/06 1 KAF 1 1
1
Is oa
1 1 1 I C
ITEM INFORMATION
CAS NUMBER: 06-084 IORIGINAL AGENDA DATE: 8/7/06
AGENDA ITENI Trrl.I Public /private partnership to exchange real property with Fountain Park LLC to
facilitate the future extension of Strander Boulevard and mixed -use transit oriented
development (TOD) near the Sounder /Amtrak Station
C.\ ri GORY Discussion ®,Motion Resolution Ordinance Bid Award Public Hearing 1-1 Other
.1118 Dade A11 Date ,111, Dale :111, Dale AN Dale d kg Date Al/g Date
I Si )NSOR Council Al g or I-1 -"ldm Svcs DCD Finance f 1'ire 1 1 Le Pe R n Police PIV
SPONS('R'S Fountain Park LLC plans to construct a mixed -use development (Tukwila Station)
SI, M.\I. \RY consisting of approximately 5,000 square feet of retail space and 300 residential units. By
way of background, on April 4, 2005 the City Council authorized executing a development
agreement and land exchange with Pacific Commercial Properties (PCP) that mirrors the
current proposal.
RI•:\'il..\W! 1) BY COW Mtg. CA &P Cmte F &S Cmtc fl Transportation Cmtc
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAM:: 7/17/06
RECOMMENDATIONS:
SPONSOR /ADVIN. Authorize the Mayor to sign the development agreement
C(»IMl'I COW forward to Council meeting for public hearing and consideration
COST IMPACT FUND SOURCE
E\PI..NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
7/24/06 Committee of the Whole
MTG. DATE I ATTACHMENTS
8/7/06 Please refer to the materials included in the July 24, 2006 COW agenda packet
CO t I N CI L A GENDA SYNOPSIS
ti:
(01.- ITEMNO.
i 1 ;2 Llztlalr
f -1. 1( Ii i Meeting Date I Prepared by I Mayor's review 1 'ouncll review
l fa f 2r 07/24/06 I BM for SL I ,4g W
,i' rsoa 08/07/06 I BM for Si ,I�'' A"._, Y.)1� 4
ITEM INFORMATION
CAS NUMBER: 06-077 I ORIGINAL AGENDA DATE: 7/ 24/06
AGENDA ITEM TITLE Sign Code Revisions
CATEGORY Dircussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/24 Mtg Date 8/7/06 Mtg Date Mtg Date Mtg Date Mtg Date 8/7/06 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW
SPONSOR'S The Tukwila School District has requested that the City's sign code be modified to permit
SUMMARY changing message displays. The City's sign code currently bans any sign that changes
content more than once every 24- hours. The proposed draft ordinance would permit
public facilities to have changing message displays that change content no more than once
every 10 seconds.
REVIEWED BY COW Mtg. ►I CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. a Planning Comm.
DAl'E: 4/25/06 CAP, 7/24/06 COW
RECOMMENDATIONS:
SPONSOR /ADMIN. Set a date for a public hearing.
COMMITTEE CAP referred the matter to the Planning Commission.
'COST- IMPACT /-FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments: N/A
MTG. DATE RECORD OF-COUNCIL ACTION
7/24 Discussion of draft ordinance, set a date for a public hearing.
MTG., DATE ATTACHMENTS
8/07/06 Memo from DCD
8/07/06 Draft Ordinance orginally submitted to Council on July 24, 2006
8/07/06 Draft Ordinance reflecting changes proposed by Council at July 24, 2006
I
-9
0 �1� City ®f Tukwila a Steven M. Mullet, Mayor
o
t s Department of Community Development Steve Lancaster, Director
1908
TO: Mayor
City Council A�
FROM: Brandon Miles, Assistant Planner
RE: Changing Message Signs
Public Facilities
DATE: August 2, 2006
On July 24, 2006, Planning Staff presented a draft ordinance to the City Council. The
draft ordinance was regarding changing message signs at public facilities. The Council
directed staff to add additional language and to present an additional draft of the
ordinance at the August 7, 2006 meeting.
Staff has provided the Council with the original draft and a revised draft reflecting
Council direction to staff at the July 24, 2006 meeting.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665
PROPOSED VERSION #1
12:j LIU
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1274, 2019 AND 2096, AS
CODIFIED IN TUKWILA MUNICIPAL CODE '1'1'1'LE 19, "SIGN CODE," TO
EXPAND THE PURPOSES OF THE SIGN CODE, AND TO CREATE
ADDITIONAL SIGN REGULATIONS FOR PUBLIC FACIL1 i IES;
ESTABLISHIHNG A SUNSET PROVISION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to provide public agencies sign options to
allow them to communicate with members of the public; and
WHEREAS, the City Council wishes to regulate certain types of signage located at
public facilities; and
WHEREAS, the City Council desires to update the Sign Code by addressing
signage in certain zones where signs are typically not found; and
WHEREAS, the City Council desires to increase public safety and minimize driver
distractions; and
WHEREAS, on May 25, 2006 and June 22, 2006 the Tukwila Planning Commission,
following adequate public notice, held a public hearing to receive testimony concerning
amending the Sign Code; and on June 22, 2006 adopted a motion recommending the
proposed changes; and
WHEREAS, on August 7, 2006, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1274 §1 (part), as codified at TMC 19.04.020, "General
Provisions: Purposes," is hereby amended to read as follows:
19.04.020 Purposes
The purposes of this code are:
1. To establish standards and guidelines for the design, erection and installation
of signs and other visual communication devices so that the streets of Tukwila may
appear orderly, and safety may be increased by minimizing clutter and distraction.
2. To provide sign options that encourage public agencies to communicate with
members of the public.
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3. To establish administrative procedures for the implementation of this code.
4. To assure that the regulations of this code are not intended to permit any
violation of the,provisions of any other applicable federal, State or local regulation.
Section 2. Ordinance Nos. 1274, 2019 §1, and 2096 §1 (part), as codified at TMC
19.08.030, "Definitions: Animated Sign," are hereby amended to read as follows:
"Animated sign" means any sign or portion of which physically moves, appears to
flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or
chasing lights, or which appears to move toward or away from the viewer, to expand or
contract, bounce, rotate, spin, twist, scroll, travel or otherwise portrays movement or
animation at a frequency more rapid than once every 24 hours. Signs or portions of
signs displaying a changing message content that is strictly limited to time date or
temperature, or those permitted under TMC 1932300, shall not be construed to be
animated. Scoreboards shall not be considered animated signs.
Section 3. TMC Chapter 1932, "Regulations Based on Land Use Categories," is
hereby amended to include additional sign regulations for public facilities, as follows:
1932.300 Electronic Message Boards
A. Signs located at public facilities that meet the criteria of TMC 1932300 may use
the sign as a changing message sign, provided that the following criteria is also met:
1: The image on the sign may not change more frequently than once every ten
seconds.
2. The image must appear and disappear as one image. The image may not
appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or
blinking or chasing lights, or appear to move toward or away from the viewer, to
expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray
movement.
3. If the public facility is located within a residential zone, the use of the
electronic portion of the sign is limited to the hours of 7AM to 10PM.
B. Notice of understanding: Any public facility that installs and operates a
changing message sign must submit a letter to the Director of the Department of
Community Development, signed by the appropriate manager/ administrator, which
notes understanding of the above requirements and an assurance that the sign will be
used in the appropriate manner as stated in TMC 1932300(A)(1 -3).
C. Order of Removal: The Director of Community Development shall order the
removal of any sign constructed pursuant to TMC 19.32300 if the sign is used in such a
way that violates the provisions of this chapter.
D. The language codified in TMC 19.32.300 shall sunset exactly one year from the
effective date of the ordinance that adopted the code language. Any public facility that
installs and operates a changing message sign must continue to comply with TMC
? 1932300(A)(1 -3) for the life of the sign, and will be considered a non conforming sign
and subject to the limitations in TMC 1930.
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Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSEL) BY THE CITY COUNCIL OF THE Cl1 Y OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2006.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, cMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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PROPOSED VERSION NUMBER 2
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1274, 2019 AND 2096, AS
CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, "SIGN CODE," TO
EXPAND THE PURPOSES OF THE SIGN CODE, AND TO CREATE
ADDITIONAL SIGN REGULATIONS FOR PUBLIC FACILITIES;
ESTABLISHIHNG A SUNSET PROVISION; PROVIDING FOR
SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to provide public agencies sign options to
allow them to communicate with members of the public; and
WHEREAS, the City Council wishes to regulate certain types of signage located at
public facilities; and
WHEREAS, the City Council desires to update the Sign Code by addressing
signage in certain zones where signs are typically not found; and
WHEREAS, the City Council desires to increase public safety and minimize driver
distractions; and
WHEREAS, the City Council wishes to provide for public safety and limit
changing message signs to areas where they are not visible from streets with more than
two lanes or speeds higher than 25 miles per hour: and
WHEREAS, on May 25, 2006 and June 22, 2006 the Tukwila Planning Commission,
following adequate public notice, held a public hearing to receive testimony concerning
amending the Sign Code; and on June 22, 2006 adopted a motion recommending the
proposed changes; and
WHEREAS, on August 7, 2006, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1274 §1 (part), as codified at TMC 19.04.020, "General
Provisions: Purposes," is hereby amended to read as follows:
19.04.020 Purposes
The purposes of this code are:
1. To establish standards and guidelines for the design, erection and installation
of signs and other visual communication devices so that the streets of Tukwila may
appear orderly, and safety may be increased by minimizing clutter and distraction.
Q: \Sign \School District \RR\ Version 2.DOC
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PROPOSED VERSION NUMBER 2
2. To provide sign options that encourage public agencies to communicate with
members of the public.
3. To establish administrative procedures for the implementation of this code.
4. To assure that the regulations of this code are not intended to permit any
violation of the provisions of any other applicable federal, State or local regulation.
Section 2. Ordinance Nos. 1274, 2019 §1, and 2096 §1 (part), as codified at TMC
19.08.030, "Definitions: Animated Sign," are hereby amended to read as follows:
"Animated sign" means any sign or portion of which physically moves, appears to
flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or
chasing lights, or which appears to move toward or away from the viewer, to expand or
contract, bounce, rotate, spin,n, twist, scroll, travel or otherwise portrays movement or
animation at a frequency more rapid than once every 24 hours. Signs or portions of
signs displaying a changing message content that is strictly limited to time, date or
temperature, or those permitted under TMC 19.32.300, shall not be construed to be
animated. Scoreboards shall not be considered animated signs.
Section 3. TMC Chapter 19.32, "Regulations Based on Land Use Categories," is
hereby amended to include additional sign regulations for public facilities, as follows:
19.32.300 Electronic Message Boards
A. Signs located at public facilities that meet the criteria of TMC 19.32.300 may use
the sign as a changing message sign, provided that the following criteria is also met:
1. The image on the sign may not change more frequently than once every ten
seconds.
2. The image must appear and disappear as one image. The image may not
appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or
blinking or chasing lights, or appear to move toward or away from the viewer, to
expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray
movement.
3. If the public facility is located within a residential zone, the use of the
electronic portion of the sign is limited to the hours of 7AM to 10PM.
4. The changing message sign must face a City street that has a stieed limit no
greater than 25 miles tier hour and the City street has no more than two lanes.
B. Notice of understanding: Any public facility that installs and operates a
changing message sign must submit a letter to the Director of the Department of
Community Development, signed by the appropriate manager /administrator, which
notes understanding of the above requirements and an assurance that the sign will be
used in the appropriate manner as stated in TMC 19.32.300(A)(1 -3).
C. Order of Removal: The Director of Community Development shall order the
removal of any sign constructed pursuant to TMC 19.32.300 if the sign is used in such a
way that violates the provisions of this chapter.
D. The language codified in TMC 19.32.300 shall sunset exactly one year from the
effective date of the ordinance that adopted the code language. Any public facility that
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PROPOSED VERSION NUMBER 2
installs and operates a changing message sign must continue to comply with TMC
19.32.300(A)(1 -3) for the life of the sign, and will be considered a non conforming sign
and subject to the limitations in TMC 19.30.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE Lr1 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2006.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachments:
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;w;. COUNCIL AGENDA SYNOPSIS
O J 9sy 2 Initials ITEM NO,
AI, Meeting Date 1 Prepared by 1 Mayor's review 1 Council r`vkw 1
s •1" o 08/07/06 SK ,C.d�- I I)' fyr',
1 1 (.0 d e
ITEM INFORMATION
I CAS NUMBER: 06-056 I ORIGINAL AGENDA DAI'L: 8/7/06
AGENDA ITEM TITLE Ordinance Amending TMC Chapter 2.95 Relating to the City's Code of Ethics
CATEGORY Discussion Motion resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 8/7/06 Mtg Date Mtg Date 8/7/06 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW/
SPONSOR'S The City Council would like to amend the City's Ethics Code. The Finance and Safety
SUMMARY Committee previously reviewed four options and developed a fifth option which received
the Committee's Recommendation. On May 8, 2006 the Committee of the Whole reviewed
these options and asked the City Attorney's office to prepare, in Ordinance form, two
options forCouncil's consideration in the handling of ethics complaints.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/8/06 COW F &S 4/3/06 7/17/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ordinance amending Chapter 2.95 of the TMC
COMMII"1'PE Unanimous approval to forward to COW
COST=IMPACT 1 FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source: N/A
Comments:
MTG. DATE I RECORD OF- COUNCIL ACTION
5/8/06 Discussed at COW; sent back to committee for further review.
MTG. DATE ATTACHMENTS
8/7/06 1 Memo from S. Kerslake dated 8/2/06
Draft version "A" and Final version "A" of City's Code of Ethics
Draft version "B" and Final version "B" of City's Code of Ethics
F&S Committee minutes dated 7/17/06
KENYON DISEND, PLLC
THE MUNICIPAL LAW FIRM
MICHAEL R. KENYON II FRONT STREET SOUTH LACEY L. MADCHE
BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH
WWW.KENYONDISEND.COM THOMAS J. GUILFOIL
SANDRA S. MEADOWCROFT (425) 392 -7090 (206) 628 -9059 RENEE G. WALLS
SHELLEY M. KERSLAKE FAX (425) 392 -7071 JOSEPH B. LEVAN
CHRIS D. BACHA KARI L. SAND
HEIDI L. BROSIUS MONICA A. BUCK
KERRI A. JORGENSEN KATHRYN J. HARDY
INFORMATION MEMO
To: City Councilmembers, City of Tukwila
From: Shelley Kerslake, City Attorney
Date: August 2, 2006
Subject: Proposed Changes to the Ethics Code
ISSUES
Whether the City Council would like to amend the City's Ethics Code to define a separate
process for elected officials.
Whether the City Council would like to amend the City's Ethics Code to include language,
which clarifies the interplay between the City's Collective Bargaining Agreements and the Ethics
Code.
BACKGROUND
My office was asked to prepare options for the Council to consider in revising the City's Ethics
Code regarding the handling of ethics complaints against elected officials. The stated purpose of
this amendment is to make the process of handling such complaints more transparent and
accessible to the public.
The Finance and Safety Committee was presented with four options to consider. After
deliberation on each of these approaches, a fifth option was developed which received the
recommendation of the Committee.
The Committee of the Whole reviewed these options and wanted to see, in ordinance form, an
option whereby the Council was notified of a complaint outside of a public forum and only upon
a finding of a violation was the complaint and conclusion placed on the City Council agenda
(Option A). The Committee of the Whole also wanted to see an option that included a public
process for each step of the ethics complaint process. (Option B).
G: \City Attorney \Council\MEMO Proposed Ethics Code Change�,lJ 1 06.doc/P /08 /02/0
SERVING WASHINGTON
LITIES SINCE 1993
In addition, as you may recall, upon passage of the ethics ordinance, the Police Guild filed an
Unfair Labor Practice alleging that the ordinance infringed upon their rights under the Collective
Bargaining Agreement. Although my office did not agree with their claims, in the spirit of
cooperation, we have reached a tentative settlement. If the City amends the ethics ordinance to
make the changes dealing with rights under the Collective Bargaining Agreement, the Guild will
dismiss their Unfair Labor Practice. The proposed changes are not substantive, and merely
clarify the existing intent of the ordinance. The proposed changes in this regard are the same in
each of the attached draft ordinances.
The only other addition is found in section 2.95.040 (H), which sets a timeline for hearing,
consistent with other hearing processes.
This memo attempts to summarize the options outlined above and the pros and cons of each as
discussed by the Council at the Committee of the Whole meeting on May 8, 2006.
DISCUSSION /ANALYSIS /ALTERNATIVES,
The current Ethics Code treats complaints against elected/appointed officials in the same manner
that employee complaints are handled. A complaint is filed with the Mayor or City Attorney.
The Mayor designates an individual to conduct an investigation. If the complaint is against the
Mayor, it is forwarded to the City Attorney for designation of an investigator. The investigator
prepares written findings and conclusions which are forwarded to the Mayor or City Attorney.
The Mayor or City Attorney prepares a written disposition of the complaint, a copy of which is
sent to the complaining party and to the investigator. The party complained against may appeal
the disposition to the hearing examiner.
Option A.
The process that is in the current code would be utilized with additional language added
regarding Council notification.
Upon receipt of a complaint about an elected official, the City Attorney will send a memo
to Councilmembers informing them of the complaint. The investigation and adjudication
process will proceed as outlined in the current code. Upon a finding by the Mayor or
City Attorney, as appropriate, another memo will be sent to the Council. If the complaint
is not sustained then the memo will be a confidential memo from the City Attorney. If
the complaint is found to be valid, then the fmdings and conclusions are placed on the
Council agenda for information purposes only.
The Committee felt that this approach accomplished the goal of having the Council informed yet
protecting those who may be the subject of spurious complaints. If a violation has occurred,
there will be a public record of it making the process more transparent and accessible to the
public.
-2-
G:1City Attorney\ Council \MEMO Proposed Ethics Code Changes 7 -1 I- 06.doc/P /08/02/06
Option B.
Ethics complaints regarding elected officials/board members are directed to the City
Attorney. The Council would be notified of the complaint in a public forum. The City
Attorney's office will select an outside investigator. The person selected will conduct a
full investigation of the complaint and make a recommendation regarding whether a
violation of the Ethics Code has occurred. This recommendation will be forwarded along
with the investigative report to the City Council for informational purposes only. The
Mayor continues to be the decision -maker regarding outcome.
In cases where the complaint is against the Mayor, the process outlined in the current
Ethics Code would be followed, only, at the time a recommended disposition was made,
that recommendation would be forwarded to the Council for informational purposes only.
Similarly, any outcome of a hearing examiner proceeding would be forwarded to the
Council for informational purposes only.
The Committee felt that this option took the Council out of the role of passing judgment on peers
and the Mayor, which was felt to be outside the scope of the Council's role and it placed the
investigation in the hands of a neutral party. There were some concerns raised that this process
created a public forum for complaints that might be baseless and brought for political gains.
RECOMMENDATION
Choose which option best represents the Council's desired process for ethics complaints.
Approve the language negotiated between the Police Guild and the City to resolve the Guild's
Unfair Labor Practice.
Attachments: Draft Ordinances Options A and B.
-3
G `.City Attomey\CoimciRMEMO Proposed Ethics Code Changes 7- 11- 06.doc/P/08/02/06
This marked -up copy of Ordinance No. 2068 is included to reflect proposed
revisions (additions) to the verbiage in that ordinance.
VERSION A
CITY OF TUKWILA, WASHINGTON
Ordinance No. 2068
Passed on 11/15/04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS
FOR CITY EMPLOYEES, FORMER CITY EMPLOYEES, AND
CITY OFFICIALS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila wishes to provide unifonn guidance to employees
and officials on ethical issues; and
WHEREAS, State law prohibits certain conduct of City officials while serving the
City; and
WHEREAS, the City wishes to identify impermissible conduct of former City
employees; and
WHEREAS, the City desires to provide for uniform investigation and adjudication of
ethics complaints;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Code of Ethics Established. A code of ethics for City employees and
officials is hereby established to read as follows:
Chapter 2.95
CODE OF ETHICS
Sections:
2.95.010 Purpose
2.95.020 Definitions
2.95.030 Prohibited Conduct
2.95.040 Complaint Process
2.95.050 Penalties for Noncompliance
2.95.060 Where to Seek Review
2.95.010 Purpose
A. It is the policy of the City of Tukwila to uphold, promote and demand the
highest standard of ethics from all of its employees and officials, whether elected,
appointed or hired. City officers and employees shall maintain the uL standards of
personal integrity, truthfulness, honesty and fairness in carrying out their public duties;
they shall avoid any improprieties in their roles as public servants, including the
appearance of impropriety; and they thalLnever use their City position or powers for
Ethics Code A 8/3/06 Page 1 of 9
improper personal gain.
B. It is the intention of the City Council that TMC Chapter 2.95 be liberally
interpreted 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. In interpreting TMC Chapter 2.95, City officers and employees should be guided
by common sense and practicality. This Code of Ethics is supplemental to Washington
State law, RCW 42.23.
2.95.020 Definitions
As used in TMC Chapter 2.95, these words shall have the following meanings, unless
the context clearly indicates otherwise:
1. "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.
2. "City officer or employee" means every individual elected, appointed, hired,
or otherwise selected to an office or position with the City, or any subdivision thereof,
whether such individual is paid or unpaid.
3. "Compensation" means payment in any form, for real or personal property
or services of any kind.
4. "Gift" means a voluntary transfer of real or personal property of any kind or
the voluntary rendition of services of any kind without consideration of equal or greater
value, but not including any reasonable hosting, including travel expenses, entertainment,
meals, or refreshments furnished in connection with appearances, ceremonies, and
occasions reasonably related to official City business, where otherwise permitted by law.
5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing
Examiner for the City of Tukwila, or his /her designee.
6. "Immediate family" shall mean spouses, dependents, anyone residing in the
person's household, and anyone within three generations by blood or marriage of the
person or the person's spouse, e.g., within three degrees of relationship by blood
marriage.
7. "Person" means any individual or corporation, business or other entity,
however constituted, organized or designated.
2.95.030 Prohibited Conduct
The following shall constitute violations of this Code of Ethics:
1. 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 should be involved in any
activity that might be seen as conflicting with the conduct of official City business or as
Ethics Code A 8/3/06 Page 2 of 9
adverse to the interests of the City. Even the appearance of the conduct prohibited in
TMC 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics.
2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall
participate in his /her capacity as a City officer or employee in the making of a contract in
which she /he has a financial interest, direct or indirect. This shall include any contract for
sale, lease or purchase, with or for the use of the City, or the acceptance directly or
indirectly of any compensation, gratuity or reward from any other person beneficially
interested therein. 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(s) of the officer(s) having the remote interest. For purposes of
TMC Chapter 2.95, a "remote interest" means:
a. That of a non salaried officer of a nonprofit corporation;
b. 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;
c. That of a landlord or tenant of a contracting party;.
d. That of a holder of less than one percent of the shares of a corporation, a
limited liability company, or other entity, which is a contracting party.
3. Beneficial 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 financial 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 TMC 8.24.020.
4. Representation of Private Person at City Proceeding Prohibited. No City officer or
employee shall appear on behalf of a private person, other than him /herself or an
immediate family member, 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. This provision shall not prPrindP an
Q m pinyee frnrrt exevricing r g ±s prntPrtPd Hy the P„hlir Fmpinyeec CollertivP Ra ining
f i
.r•• `•r•CY IF Cr IN r r
0
5. Certain Private Employment Prohibited. No City officer or employee shall
engage in or accept private employment from 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. Thy provision c1,a11 not intPrferp w•+wi.tl, an employee 'sight
O' AT as U
Ethics Code A 8/3/06 Page 3 of 9
u 11 I- u•
6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in
appearing before the City Council or when giving an official opinion before the City
Council, shall have a financial interest in any legislation coming before the City Council or
participate in discussion with or give an official opinion to the City Council, unless such
interest is a remote interest and where the fact and extent of such interest is disclosed and
noted on the record of the Council or similar records of the City, prior to consideration of
the legislation by the City Council.
7. Disclosure of Confidential Information Prohibited. No City officer or employee
shall disclose or use any confidential, privileged or proprietary information, gained by
reason of his /her official position, for a purpose which is other than a City purpose;
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 upon request. Thi'
T 1 1•11 a• 'a11 7 F.mp1oye T •11a 'a o-.•
and disclose. properly obtain pd informati that the City dPemq confidential, privileged
or proprietary.
8. Improper Use of Position Prohibited. No City officer or employee shall
knowingly use his /her office or position to secure personal benefit, gain or profit, or use
his /her position to secure special privileges or exceptions for him /herself, or for the
benefit, gain or profits of any other persons. This provision shall nett preclude an
employee from exercising rights prnter•terl by f P Pi hiic Fin ployee' Cnll er•tivrP Bargai
'a• -••i. egg the TATagec hour', a nti
working conditions_of emp1nyePG of the City
J
9. Improper Use of City Personnel Prohibited. No City officer or employee shall
employ or use 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. This section does
not apply to off -duty employment relationships, which are mutually negotiated.
10. 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 City business, and for such purposes and
under such conditions as are approved by administrative order of the Mayor; provided,
the use of a City vehicle by a City officer or employee participating in a carpooling
program established by the City, and for a purpose authorized under such program, shall
not be considered a violation of TMC Chapter 2.95 or of any other provision of the_TMC
11. 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 Tukwila; except this
prohibition shall not apply to:
Ethics Code A 8/3/06 Page 4 of 9
a. 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;
b. An award publicly presented in recognition of public service; or
c. Any gift valued at $100.00 or less, 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.
ti An P PP SPr1%ing as a rPpre entative a a IBS .12
AS u• S T 0: a n• T.• 1- 'a■
he/she is a member of
12. 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 /her City employment.
b. Participation in City Matters Prohibited. No former officer or employee
shall, during the period of one year after leaving City office or employment:
(1) Assist any person in matters involving the City if, while in the course
of duty 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 s /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 the Mayor about the
proposed agreement.
d. Exceptions. The prohibitions of TMC 2.95.030, paragraphs 12.b(1) and
(2), shall not apply to a former officer or employee acting on behalf of a governmental
agency, unless such assistance or representation is adverse to the interest of the City.
2.95.040 Complaint Process
A. A complaint that this Code of Ethics has been violated may be filed with any one
of the following officers, or his /her designee(s):
1. Mayor; or
2. City Attorney.
Ethics Code A 8/3/06 Page 5 of 9
B. No person shall knowingly file a false complaint or report of violation of this
Code of Ethics.
C. Any individual receiving a complaint that this Code of Ethics has been
violated has an obligation to promptly forward the complaint, in writing, to the Mayor.
The Mayor shall promptly designate an individual to conduct an investigation of the
complaint. However, if the complaint alleges that the Mayor violated this Code of Ethics,
then the individual receiving the complaint has an obligation to promptly forward the
complaint, in writing, to the City Attorney, who shall designate an individual to conduct
an investigation.
Tl T 'Cr. o r
remher, the City Attnr nPy 'hall fnrwarri a cnnfiriPntial memnran riiirp to all
E_D. The individual designated to conduct the investigation shall notify the
subject of the complaint that a complaint has been made; then complete the investigation
and prepare written findings and conclusions within 60 days of the date the complaint is
received by the Mayor, unless an extension is granted in writing by the Mayor or the City
Attorney, as appropriate. A copy of the written investigation findings and conclusions
shall be provided to the Mayor or City Attorney, as appropriate.
P.E. Within five business days of receipt of the investigator's written findings and
conclusions, the Mayor or City Attorney, as appropriate, shall prepare a written
recommended disposition of the complaint. Copies of the recommended disposition and
the investigation findings and conclusions shall be forwarded by certified mail to the
complaining party and the party complained against at their last known addresses.
Additional copies of the recommended disposition shall be forwarded to the investigator,
the City Attorney or the City Attorney's designee, and the person(s) responsible for acting
on the recommended disposition. The recommended disposition shall not be
implemented until the time for requesting a faunal hearing, pursuant to TMC 2.95.0411f,
has lapsed and no such hearing has been requested.
a •A.
g r ►i 7 •r City Attorney, as apprnpriatP,
cent to all Cnnnrilmemherc informing them of the
gs a nd conrltlsionS, as disciicced in
IMC 7A5 f14f(P) ac SATP •u i••
I _a• as. •as.
€H. The party complained against may, within ten business days following the date
of the recommended disposition which finds a violation of this Code of Ethics, request in
writing a formal hearing before the Hearing Examiner. P c Y g cans chop^ n, th¢
lhearing c1 71 y C nor later than 6O days
frnrn the date the ap
eI. Within 30 days after the conclusion of the hearing, the Hearing Examiner shall,
based upon a preponderance of the evidence, prepare findings of fact, conclusions of law,
and his /her order. Copies of the Hearing Examiner's findings, conclusions and order
Ethics Code A 8/3/06 Page 6 of 9
shall be forwarded by certified mail to the complaining party and the party complained
against at their last known addresses. Additional copies of the findings, conclusions and
order shall be forwarded to the investigator, the City Attorney or the City Attorney's
designee, and the person(s) responsible for acting on the Hearing Examiner's order. In
i •r1
FxamineT s findings twill be for«Tarrled to the City C'ryn nril
2.95.050 Penalties for Noncompliance
,A Any person other than an employee rnvererl by a collective haro
agreement found, by a preponderance of the evidence, to have violated any provision of
this Code of Ethics may be subject to any combination of the following penalties:
1. A cease and desist order as to violations of this Code of Ethics;
2. An order to disclose any reports or other documents or information
requested by the Mayor, or as requested by the City Attorney in the event the Mayor is
found to have violated any provision of the Code;
3. An order to pay to the City a civil penalty of up to $1,000.00, where it is
determined disciplinary measures are not appropriate under the circumstances;
4. Discipline, up to and including termination or removal from any position
whether paid or unpaid, excluding elected positions, only after notice and hearing as
provided by law. The pre disciplinary procedure set forth in the provisions of the
Tukwila Municipal Code and applicable personnel policies shall be followed for regular
employees in the Classified City Service;
5. Exclusion from bidding on City contracts for a period of up to five years;
and or
6. Termination or invalidation of contract(s) entered into in violation of the
Code of Ethics, only if such contract(s) provide for termination in the event of a Code of
Ethics violation.
13 &,y allegation that au ernplotyeP w T. 7 i 7 (7
greement la violated any provisinn of tbic Code of Fthiirc shall iiw he stigated in
arrorrianrettTi i c c tie* 1-•. •u.
ProredurP', or (Pnpral Orders For any proven violation of this Code of Fthirc, all
employee may be diceiplined iip fn and incllurling terrninatinn in. aCCnrrlance
applicable collective bargaining a greement An discipline may he appealed in
accordance with the applirahlP collective ha i 7 r E
2.95.060 Where to Seek Review
A. Cease and Desist Order. If ordered to cease and desist violating this Code of
Ethics, an affected party may seek review by writ of review from the King County
Superior Court pursuant to RCW 7.16, or other appropriate legal action.
Ethics Code A 8/3/06 Page 7 of 9
B. Public Disclosure. If ordered to disclose any documents or papers pursuant to
this Code of Ethics, an affected party may seek review by writ of review from the King
County Superior Court pursuant to RCW 7.16, or other appropriate legal action.
C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the
form of a trial de novo in the Tukwila Municipal Court, which shall hear the case
according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of
the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila
Municipal Court a notice of appeal within 14 days of the date of the final written order.
The person filing the appeal shall also, within the same 14 days, serve a copy of the notice
of appeal on the person who issued the final written order and the City Attorney, or
his /her designee, and file an acknowledgment or affidavit of service in the Tukwila
Municipal Court.
D. Discipline or Removal. If an employee or officer is disciplined or removed
from office, then the person disciplined or removed from office may seek whatever
remedies may be available at law or in equity.
E. Exclusion from Public Bidding. If ordered to be excluded from bidding on
public contracts and the exclusion actually occurs, the person excluded may seek
whatever remedies exist at law or in equity.
F. Termination of Contract(s). If termination of contract(s) is ordered, the person
whose contract(s) was /were terminated may seek whatever remedies exist at law or in
equity.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. Effective Date. This ordinance or a summary thereof, shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
20064.
ATTEST/ AUTHENTICAIED:
Jane E. Cantu, CMC, City Clerk Steven M. Mullet, Mayor
Ethics Code A 8/3/06 Page 8 of 9
Filed with the City Clerk-
APPROVED AS TO FORM BY: Passed by the City Council
Published
Effective Date
Office of the City Attorney Ordinance Number
Ethics Code A 8/3/06 Page 9 of 9
„,,;(„--.6- w ,v of VERSION A
,,,,,,I.,.1.m, 5., Y908
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2068, AS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 2.95, "CODE OF ETHICS,” RELATING TO
PROHIBITED CONDUCT AND THE COMPLAINT PROCESS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City adopted a Code of Ethics by Ordinance No. 2068 on
November 15, 2004; and
WHEREAS, the City desires to update its Code of Ethics to clarify prohibited conduct
regarding conflict of interest and the process for complaints against elected officials or
appointed board members;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 2.95.010 Amended. Ordinance No. 2068, as codified at Tukwila
Municipal Code Section 2.95.010, "Purpose," is hereby amended to read as follows:
2.95.010 Purpose
A. It is the policy of the City of Tukwila to uphold, promote and demand the
highest standard of ethics from all of its employees and officials, whether elected,
appointed or hired. City officers and employees shall maintain the utmost standards of
personal integrity, truthfulness, honesty and fairness in carrying out their public duties;
they shall avoid any improprieties in their roles as public servants, including the
appearance of impropriety; and they shall never use their City position or powers for
improper personal gain.
B. It is the intention of the City Council that TMC Chapter 2.95 be liberally
interpreted 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. In interpreting TMC Chapter 2.95, City officers and employees should be guided
by common sense and practicality. This Code of Ethics is supplemental to Washington
State law, RCW 42.23.
Section 2. TMC 2.95.030 Amended. Ordinance No. 2068, as codified at Tukwila
Municipal Code Subsection 2.95.030, "Prohibited Conduct," is hereby amended to read as
follows:
2.95.030 Prohibited Conduct
The following shall constitute violations of this Code of Ethics:
1. 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 should be involved in any
activity that might be seen as conflicting with the conduct of official City business or as
adverse to the interests of the City. Even the appearance of the conduct prohibited in
TMC 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics.
2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall
participate in his /her capacity as a City officer or employee in the making of a contract in
which she /he has a financial interest, direct or indirect. This shall include any contract for
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sale, lease or purchase, with or for the use of the City, or the acceptance directly or
indirectly of any compensation, gratuity or reward from any other person beneficially
interested therein. 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(s) of the officer(s) having the remote interest. For purposes of
TMC Chapter 2.95, a "remote interest" means:
a. That of a non salaried officer of a nonprofit corporation;
b. 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;
c. That of a landlord or tenant of a contracting party; or
d. That of a holder of less than one percent of the shares of a corporation, a
limited liability company, or other entity, which is a contracting party.
3. Beneficial 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 financial 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 TMC 8.24.020.
4. Representation of Private Person at City Proceeding Prohibited. No City officer or
employee shall appear on behalf of a private person, other than him /herself or an
immediate family member, 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. This provision shall not preclude an
employee from exercising rights protected by the Public Employees Collective Bargaining
Act, including the right to appear and/ or testify in a legal proceeding on behalf of a labor
organization representing employees or seeking to represent employees of the City.
5. Certain Private Employment Prohibited. No City officer or employee shall
engage in or accept private employment from 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. This provision shall not interfere with an employee's right
to engage in off duty employment that is authorized pursuant to a collective bargaining
agreement and/ or Tukwila Police Department General Orders.
6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in
appearing before the City Council or when giving an official opinion before the City
Council, shall have a financial interest in any legislation coming before the City Council or
participate in discussion with or give an official opinion to the City Council, unless such
interest is a remote interest and where the fact and extent of such interest is disclosed and
noted on the record of the Council or similar records of the City, prior to consideration of
the legislation by the City Council.
7. Disclosure of Confidential Information Prohibited. No City officer or employee
shall disclose or use any confidential, privileged or proprietary information, gained by
reason of his /her official position, for a purpose which is other than a City purpose;
provided, that nothing shat prohibit the disclosure or use of information which is a
matter of public knowledge, or which is available to the public upon request. This
provision shall not preclude an employee from exercising rights protected by the Public
Employees Collective Bargaining Act, including the right of a labor organization to utilize
and disclose properly obtained information that the City deems confidential, privileged,
or proprietary.
8. Improper Use of Position Prohibited. No City officer or employee shall
knowingly use his /her office or position to secure personal benefit, gain or profit, or use
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his /her position to secure special privileges or exceptions for him /herself, or for the
benefit, gain or profit of any other persons. This provision shall not preclude an employee
from exercising rights protected by the Public Employees Collective Bargaining Act,
including the right to negotiate agreements that address the wages, hours, and working
conditions of employees of the City.
9. Improper Use of City Personnel Prohibited. No City officer or employee shall
employ or use 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. This section does
not apply to off -duty employment relationships, which are mutually negotiated.
10. 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 City business, and for such purposes and
under such conditions as are approved by administrative order of the Mayor; provided,
the use of a City vehicle by 1.a City officer or employee participating in a carpooling
program established by the City, and for a purpose authorized under such program, shall
not be considered a violation of TMC Chapter 2.95 or of any other provision of the TMC.
11. 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 Tukwila; except this
prohibition shall not apply to:
a. 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;
b. An award publicly presented in recognition of public service; or
c. Any gift valued at $100.00 or less, 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.
d. An employee serving as a representative of a labor organization and/ or
an employee receiving compensation, gifts, or rewards from a labor organization of
which he /she is a member.
12. 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 /her City employment.
b. Participation in City Matters Prohibited. No former officer or employee
shall, during the period of one year after leaving City office or employment:
(1) Assist any person in matters involving the City if, while in the course
of duty 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 s /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 the Mayor about the
proposed agreement.
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d. Exceptions. The prohibitions of TMC 2.95.030, paragraphs 12.b(1) and
(2), shall not apply to a former officer or employee acting on behalf of a governmental
agency, unless such assistance. or representation is adverse to the interest of the City.
Section 3. TMC 2.95.040 Amended. Ordinance No. 2068, as codified at Tukwila
Municipal Code Subsection 2.95.040, "Complaint Process," is hereby amended to read as
follows:
2.95.040 Complaint Process
A. A complaint that this Code of Ethics has been violated may be filed with any one
of the following officers, or his /her designee(s):
1. Mayor; or
2. City Attorney.
B. No person shall knowingly file a false complaint or report of violation of this
Code of Ethics.
C. Any individual receiving a complaint that this Code of Ethics has been violated
has an obligation to promptly forward the complaint, in writing, to the Mayor. The Mayor
shall promptly designate an individual to conduct an investigation of the complaint.
However, if the complaint alleges that the Mayor violated this Code of Ethics, then the
individual receiving the complaint has an obligation to promptly forward the complaint,
in writing, to the City Attorney, who shall designate an individual to conduct an
investigation.
D. Upon receipt of a complaint regarding an elected official or an appointed
member, the City Attorney shall forward a confidential memorandum to all
councilmembers informing them that a complaint has been made.
E. The individual designated to conduct the investigation shall notify the subject of
the complaint that a complaint has been made; then complete the investigation and
prepare written findings and conclusions within 60 days of the date the complaint is
received by the Mayor, unless an extension is granted in writing by the Mayor or the City
Attomey, as appropriate. A copy of the written investigation findings and conclusions
shall be provided to the Mayor or City Attorney, as appropriate.
F. Within five business days of receipt of the investigator's written findings and
conclusions, the Mayor or City Attorney, as appropriate, shall prepare a written
recommended disposition of the complaint. Copies of the recommended disposition and
the investigation findings and conclusions shall be forwarded by certified mail to the
complaining party and the party complained against at their last known addresses.
Additional copies of the recommended disposition shall be forwarded to the investigator,
the City Attorney or the City Attorney's designee, and the person(s) responsible for acting
on the recommended disposition. The recommended disposition shall not be
implemented until the time for requesting a formal hearing, pursuant to TMC 2.95.040H,
has Iapsed and no such hearing has been requested.
G. When the complaint is against an elected official or appointed board member,
upon an unsustained finding by the Mayor or City Attorney, as appropriate, a
confidential memorandum shall be sent to all Councilmembers informing them of the
disposition. If the complaint is sustained, the findings and conclusions, as discussed in
TMC 2.95.040(F) as well as the recommended disposition shall be placed on the next
regularly scheduled Council meeting agenda, for informational purposes only.
H. The party complained against may, within ten business days following the date
of the recommended disposition, which finds a violation of this Code of Ethics, request in
writing a formal hearing before the Hearing Examiner. Except for good cause shown, the
hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days
from the date the appeal is filed.
I. Within 30 days after the conclusion of the hearing, the Hearing Examiner shall,
based upon a preponderance of the evidence, prepare findings of fact, conclusions of law,
and his /her order. Copies of the Hearing Examiner's findings, conclusions and order
shall be forwarded by certified mail to the complaining party and the party complained
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against at their last known addresses. Additional copies of the findings, conclusions and
order shall be forwarded to the investigator, the City Attorney or the City Attorney's
designee, and the person(s) responsible for acting on the Hearing Examiner's order. In
the case of a complaint against an elected offIcIal or appointed board member, the
Hearing Examiner's findings will be forwarded to the City Council.
Section 3. TMC 2.95.050 Amended. Ordinance No. 2068, as codified at Tukwila
Municipal Code Subsection 2.95.050, "Penalties for Noncompliance," is hereby amended
to read as follows:
2.95.050 Penalties for Noncompliance
A. Any person, other than an employee covered by a collective bargaining
agreement found by a preponderance of the evidence to have violated any provision of
this Code of Ethics, may be subject to any combination of the following penalties:
1. A cease and desist order as to violations of this Code of Ethics;
2. An order to disclose any reports or other documents or information
requested by the Mayor, or as requested by the City Attorney in the event the Mayor is
found to have violated any provision of the Code;
3. An order to pay to the City a civil penalty of up to $1,000.00, where it is
determined disciplinary measures are not appropriate under the circumstances;
4. Discipline, up to and including termination or removal from any position
whether paid or unpaid, excluding elected positions, only after notice and hearing as
provided by law. The pre disciplinary procedure set forth in the provisions of the
Tukwila Municipal Code and applicable personnel policies shall be followed for regular
employees in the Classified City Service;
5. Exclusion from bidding on City contracts for a period of up to five years;
and or
6. Termination or invalidation of contract(s) entered into in violation of the
Code of Ethics, only if such contract(s) provide for termination in the event of a Code of
Ethics violation.
B. Any allegation that an employee who is covered by a collective bargaining
agreement has violated any provision of this Code of Ethics shall be investigated in
accordance with the applicable collective bargaining agreement and Department Policies,
Procedures, or General Orders. For any proven violation of this Code of Ethics, an
employee may be disciplined up to and including termination in accordance with the
applicable collective bargaining agreement. Any such discipline may be appealed in
accordance with the applicable collective bargaining agreement or Civil Service Rules.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 5. Effective Date. This ordinance or a summary thereof, shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by Iaw.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2006.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk
APPROVED AS TO FORM BY: Passed by the City Council•
Published•
Effective DatP•
Office of the City Attorney Ordinance Number:
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PB:kn 8/3/2006 Page 5 of
This marked -up copy of Ordinance No. 2068 is included to reflect proposed
revisions (additions) to the verbiage in that ordinance.
VERSION B
CITY OF TUKWILA, WASHINGTON
Ordinance No. 2068
Passed on 11/15/04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS
FOR CITY EMPLOYEES, FORMER CITY EMPLOYEES, AND
CITY OFFICIALS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila wishes to provide uniform guidance to employees
and officials on ethical issues; and
WHEREAS, State law prohibits certain conduct of City officials while serving the
City; and
WHEREAS, the City wishes to identify impermissible conduct of former City
employees; and
WHEREAS, the City desires to provide for uniform investigation and adjudication of
ethics complaints;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Code of Ethics Established. A code of ethics for City employees and
officials is hereby established to read as follows:
Chapter 2.95
CODE OF ETHICS
Sections:
2.95.010 Purpose
2.95.020 Definitions
2.95.030 Prohibited Conduct
2.95.040 Complaint Process
2.95.050 Penalties for Noncompliance
2.95.060 Where to Seek Review
2.95.010 Purpose
A. It is the policy of the City of Tukwila to uphold, promote and demand the
highest standard of ethics from all of its employees and officials, whether elected,
appointed or hired. City officers and employees shall maintain the utmost standards of
personal integrity, truthfulness, honesty and fairness in carrying out their public duties;
they shall avoid any improprieties in their roles as public servants, including the
appearance of impropriety; and t ay= ba1Lnever use their City position or powers for
Ethics Code B 8/3/06 Page 1 of 9
improper personal gain.
B. It is the intention of the City Council that TMC Chapter 2.95 be liberally
interpreted 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. In interpreting TMC .Chapter 2.95, City officers and employees should be guided
by common sense and practicality. This Code of Ethics is supplemental to Washington
State law, RCW 42.23.
2.95.020 Definitions
As used in TMC Chapter 2.95, these words shall have the following meanings, unless
the context clearly indicates otherwise:
1. "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.
2. "City officer or employee" means every individual elected, appointed, hired,
or otherwise selected to an office or position with the City, or any subdivision thereof,
whether such individual is paid or unpaid.
3. "Compensation" means payment in any form, for real or personal property
or services of any kind.
4. "Gift" means a voluntary transfer of real or personal property of any kind or
the voluntary rendition of services of any kind without consideration of equal or greater
value, but not including any reasonable hosting, including travel expenses, entertainment,
meals, or refreshments furnished in connection with appearances, ceremonies, and
occasions reasonably related to official City business, where otherwise permitted by law.
5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing
Examiner for the City of Tukwila, or his /her designee.
6. "Immediate family" shall mean spouses, dependents, anyone residing in the
person's household, and anyone within three generations by blood or marriage of the
person or the person's spouse, e.g., within three degrees of relationship by blood
marriage.
7. "Person" means any individual or corporation, business or other entity,
however constituted, organized or designated.
2.95.030 Prohibited Conduct
The following shall constitute violations of this Code of Ethics:
1. 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 should be involved in any
activity that might be seen as conflicting with the conduct of official City business or as
Ethics Code B 8/3/06 Page 2 of 9
adverse to the interests of the City. Even the appearance of the conduct prohibited in
TMC 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics.
2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall
participate in his /her capacity as a City officer or employee in the making of a contract in
which she /he has a financial interest, direct or indirect. This shall include any contract for
sale, lease or purchase, with or for the use of the City, or the acceptance directly or
indirectly of any compensation, gratuity or reward from any other person beneficially
interested therein. 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(s) of the officer(s) having the remote interest. For purposes of
TMC Chapter 2.95, a "remote interest" means:
a. That of a non salaried officer of a nonprofit corporation;
b. 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;
c. That of a landlord or tenant of a contracting party; or
d. That of a holder of less than one percent of the shares of a corporation, a
limited liability company, or other entity, which is a contracting party.
3. Beneficial 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 financial 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 TMC 8.24.020.
4. Representation of Private Person at City Proceeding Prohibited. No City officer or
employee shall appear on behalf of a private person, other than him /herself or an
immediate family member, 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.is provision shall not preclude an
I• 7 `a "a r as 7" -PC Cr, r' 7- It a. ••0"
a a
.1a• •i•Q •a a •T
5. Certain Private Employment Prohibited. No City officer or employee shall
engage in or accept private employment from 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._.Ehis provision ghal nni- intprf with an employoe" right
o a 'n off duty employ that is authnri7ed pursuant to a collective hargaining
Ethics Code B 8/3/06 Page 3 of 9
a yeement and /or Tukwila Pn1ic e Department General Qrderc
6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in
appearing before the City Council or when giving an official opinion before the City
Council, shall have a financial interest in any legislation coming before the City Council or
participate in discussion with or give an official opinion to the City Council, unless such
interest is a remote interest and where the fact and extent of such interest is disclosed and
noted on the record of the Council or similar records of the City, prior to consideration of
the legislation by the City Council.
7. Disclosure of Confidential Information Prohibited. No City officer or employee
shall disclose or use any confidential, privileged or proprietary information, gained by
reason of his /her official position, for a purpose which is other than a City purpose;
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 upon request. This
prc vision Shall not prPrlude an Prnpl ore frnm eYerriCing rights prnferfPr by th Public
Pmp1 oyeec C'ol lective Bargaining A r a ip a g a .T. a ..1•1 N
and_disringe properly nhtainerl infnrmatinn that the C aT u a r T'
Or pr'nprietary
1 8. Improper Use of Position Prohibited. No City officer or employee shall
knowingly use his /her office or position to secure personal benefit, gain or profit, or use
his /her position to secure special privileges or exceptions for him /herself, or for the
benefit, gain or profits of any other persons. This provision shall not preclude an
employee frnrn exercising rights prntecterl by the Piiblir Rmployeec Cnllertive R- raining
a 'a a a as a egg the wages hnnrc an
working conditions of empinvePC of the Cit
o
9. Improper Use of City Personnel Prohibited. No City officer or employee shall
employ or use 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. This section does
not apply to off -duty employment relationships, which are mutually negotiated.
10. 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 City business, and for such purposes and
under such conditions as are approved by administrative order of the Mayor; provided,
the use of a City vehicle by a City officer or employee participating in a carpooling
program established by the City, and for a purpose authorized under such program, shall
not be considered a violation of TMC Chapter 2.95 or of any other provision of the_TMC
Captor
11. 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 Tukwila; except this
prohibition shall not apply to:
Ethics Code B 8/3/06 Page 4 of 9
a. 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;
b. An award publicly presented in recognition of public service; or
c. Any gift valued at $100.00 or less, 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.
d A■ .I S J T" 'YT.•: .•t
•7 *SI••• 1 Gila .•e' 61.! •i
he/she is a memher_n£
12. 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 /her City employment.
b. Participation in City Matters Prohibited. No former officer or employee
shall, during the period of one year after leaving City office or employment:
(1) Assist any person in matters involving the City if, while in the course
of duty 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 s /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 the Mayor about the
proposed agreement.
d. Exceptions. The prohibitions of TMC 2.95.030, paragraphs 12.b(1) and
(2), shall not apply to a foiiner officer or employee acting on behalf of a governmental
agency, unless such assistance or representation is adverse to the interest of the City.
2.95.040 Complaint Process
A. A complaint that this Code of Ethics has been violated may be filed with any one
of the following officers, or his /her designee(s):
1. Mayor; or
2. City Attorney.
Ethics Code B 8/3/06 Page 5 of 9
B. No person shall knowingly file a false complaint or report of violation of this
Code of Ethics.
C. Any individual receiving a complaint that this Code of Ethics has been
violated has an obligation to promptly forward the complaint, in writing, to the Mayor.
The Mayor shall promptly designate an individual to conduct an investigation of the
complaint. However, if the complaint alleges that the Mayor violated this Code of Ethics,
then the individual receiving the complaint has an obligation to promptly forward the
complaint, in writing, to the City Attorney, who shall designate an individual to conduct
an investigation.
T) T Tpnn receipt of a rnmplaint regarding an elected official or an appninterl
boardmember, the romplaint ch'a11 he glared nn the next regularly crhednled Cnnnril
s.
E..f The individual designated to conduct the investigation shall notify the subject of
the complaint that a complaint has been made; then complete the investigation and
prepare written findings and conclusions within 60 days of the date the complaint is
received by the Mayor, unless an extension is granted in writing by the Mayor or the City
Attorney, as appropriate. A copy of the written investigation findings and conclusions
shall be provided to the Mayor or City Attorney, as appropriate.
E_ Within five business days of receipt of the investigator's written findings and
conclusions, the Mayor or City Attorney, as appropriate, shall prepare a written
recommended disposition of the complaint. Copies of the recommended disposition and
the investigation findings and conclusions shall be forwarded by certified mail to the
complaining party and the party complained against at their last known addresses.
Additional copies of the recommended disposition shall be forwarded to the investigator,
the City Attorney or the City Attorney's designee, and the person(s) responsible for acting
on the recommended disposition. The recommended disposition shall not be
implemented until the time for requesting a formal hearing, pursuant to TMC 2.95.04011f,
has lapsed and no such hearing has been requested.
G. If the complaint is gains+ an elected nffirial nr appninted bnardmemher, the
results of the invectigatinn cl'lall hP placed nn the next regularly scheduled City Council
11. sly Tf the rnmplain i sii tained the Mayor or City
A re- C, 9( 04nQ)
UT. The party complained against may, within ten business days following the date
of the recommended disposition which finds a violation of this Code of Ethics, request in
writing a formal hearing before the Hearing Examiner. e s a l t
hearing Q he cr. a s al stiller than 7n ra nnr later than 60 days
from the date the appeal is filed
Ie. Within 30 days after the conclusion of the hearing, the Hearing Examiner shall,
based upon a preponderance of the evidence, prepare findings of fact, conclusions of law,
and his /her order. Copies of the Hearing Examiner's findings, conclusions and order
Ethics Code 13 8/3/06 Page 6 of 9
shall be forwarded by certified mail to the complaining party and the party complained
against at their last known addresses. Additional copies of the findings, conclusions and
order shall be forwarded to the investigator, the City Attorney or the City Attorney's
designee, and the person(s) responsible for acting on the Hearing Examiner's order. In
a .a. a •.s •cr
Fxaminer firlrlinac wi11 hP forWarrler to the (i y ('nuncil and placed Next
T council agenda
2.95.050 Penalties for Noncompliance
A Anyperson• a. -.••.T T T '•o u
found, by a preponderance of the evidence, to have violated any provision of this Code of
subject to any combination of the following maybes 1 y g p enalties:
1. A cease and desist order as to violations of this Code of Ethics;
2. An order to disclose any reports or other documents or information
requested by the Mayor, or as requested by the City Attorney in the event the Mayor is
q Y Y q Y
Y Y
found to have violated any provision of the Code;
3. An order to pay to the City a civil penalty of up to $1,000.00, where it is
determined disciplinary measures are not appropriate under the circumstances;
4. Discipline, up to and including termination or removal from any position
whether paid or unpaid, excluding elected positions, only after notice and hearing as
provided by law. The pre disciplinary procedure set forth in the provisions of the
Tukwila Municipal Code and applicable personnel policies shall be followed for regular
employees in the Classified City Service;
5. Exclusion from bidding on City contracts for a period of up to five years;
and or
6. Termination or invalidation of contract(s) entered into in violation of the
Code of Ethics, only if such contract(s) provide for termination in the event of a Code of
Ethics violation.
R Anv 211eQrtion that an enipinyee wbo is covered b: a T- a-
aOTPPMPnt 1 Q v 7 7 a a is ("rule of Ffhirc c T •Cro a
accordance NATI i T 1111
Prorechlreq, pr l:eteral Orderc For any pa wen vinlaiinn of th ?c rnrle of F.t1ii�G all
employee may be disciplined li to and inrlhic termination in a ceordar ,ATY h
a pplicable collective bargaining agreement AWT ciieb discipline may be appealed its
a ccord o nce Wig T- •I' .e
2.95.060 Where to Seek Review
A. Cease and Desist Order. If ordered to cease and desist violating this Code of
Ethics, an affected party may seek review by writ of review from the King County
Superior Court pursuant to RCW 7.16, or other appropriate legal action.
Ethics Code B 8/3/06 Page 7 of 9
B. Public Disclosure. If ordered to disclose any documents or papers pursuant to
this Code of Ethics, an affected party may seek review by writ of review from the King
County Superior Court pursuant to RCW 7.16, or other appropriate legal action.
C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the
form of a trial de novo in the Tukwila Municipal Court, which shall hear the case
according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of
the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila
Municipal Court a notice of appeal within 14 days of the date of the final written order.
The person filing the appeal shall also, within the same 14 days, serve a copy of the notice
of appeal on the person who issued the final written order and the City Attorney, or
his /her designee, and file an acknowledgment or affidavit of service in the Tukwila
Municipal Court.
D. Discipline or Removal. If an employee or officer is disciplined or removed
from office, then the person disciplined or removed from office may seek whatever
remedies may be available at law or in equity.
E. Exclusion from Public Bidding. If ordered to be excluded from bidding on
public contracts and the exclusion actually occurs, the person excluded may seek
whatever remedies exist at law or in equity.
F. Termination of Contract(s). If termination of contract(s) is ordered, the person
whose contract(s) was /were terminated may seek whatever remedies exist at law or in
equity.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. Effective Date. This ordinance or a summary thereof, shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
20064.
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk Steven M. Mullet, Mayor
Filed with the City Clerk
APPROVED AS TO FORM BY: Passed by the City Council:
Ethics Code B 8/3/06 Page 8 of 9
Publish eci
Effective Date
Office of the City Attorney Ordinance Number
Ethics Code B 8/3/06 Page 9 of 9
t Wys
ao
Imo' :c�
g VERSION B
isoa
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2068, AS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 2.95, "CODE OF ETHICS,' RELATING TO
PROHIBITED CONDUCT AND THE COMPLAINT PROCESS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City adopted a Code of Ethics by Ordinance No. 2068 on
November 15, 2004; and
WHEREAS, the City desires to update its Code of Ethics to clarify prohibited conduct
regarding conflict of interest and the process for complaints against elected officials or
appointed board members;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 2.95.010 Amended. Ordinance No. 2068, as codified at Tukwila
Municipal Code Section 2.95.010, "Purpose," is hereby amended to read as follows:
2.95.010 Purpose
A. It is the policy of the City of Tukwila to uphold, promote and demand the
highest standard of ethics from all of its employees and officials, whether elected,
appointed or hired. City officers and employees shall maintain the utmost standards of
personal integrity, truthfulness, honesty and fairness in carrying out their public duties;
they shall avoid any improprieties in their roles as public servants, including the
appearance of impropriety; and they shall never use their City position or powers for
improper personal gain.
B. It is the intention of the City Council that TMC Chapter 2.95 be liberally
interpreted 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. In interpreting TMC Chapter 2.95, City officers and employees should be guided
by common sense and practicality. This Code of Ethics is supplemental to Washington
State law, RCW 42,23.
Section 2. TMC 2.95.030 Amended. Ordinance No. 2068, as codified at Tukwila
Municipal Code Subsection 2.95.030, "Prohibited Conduct," is hereby amended to read as
follows:
2.95.030 Prohibited Conduct
The following shall constitute violations of this Code of Ethics:
1. 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 should be involved in any
activity that might be seen as conflicting with the conduct of official City business or as
adverse to the interests of the City. Even the appearance of the conduct prohibited in
TMC 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics.
2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall
participate in his /her capacity as a City officer or employee in the making of a contract in
which she /he has a financial interest, direct or indirect. This shall include any contract for
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sale, lease or purchase, with or for the use of the City, or the acceptance directly or
indirectly of any compensation, gratuity or reward from any other person beneficially
interested therein. 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(s) of the officer(s) having the remote interest. For purposes of
TMC Chapter 2.95, a "remote interest" means:
a. That of a non salaried officer of a nonprofit corporation;
b. 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;
c; That of a landlord or tenant of a contracting party; or
d. That of a holder of less than one percent of the shares of a corporation, a
limited liability company, or other entity, which is a contracting party.
3. Beneficial 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 financial 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 TIv1C 8.24.020.
4. Representation of Private Person at City Proceeding Prohibited. No City officer or
employee shall appear on behalf of a private person, other than him /herself or an
immediate family member, 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. This provision shall not preclude an
employee from exercising rights protected by the Public Employees Collective Bargaining
Act, including the right to appear and /or testify in a legal proceeding on behalf of a labor
organization representing employees or seeking to represent employees of the City.
5. Certain Private Employment Prohibited. No City officer or employee shall
engage in or accept private employment from 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. This provision shall not interfere with an employee's right
to engage in off duty employment that is authorized pursuant to a collective bargaining
agreement and/ or Tukwila Police Department General Orders.
6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in
appearing before the City Council or when giving an official opinion before the City
Council, shall have a financial interest in any legislation coming before the City Council or
participate in discussion with or give an official opinion to the City Council, unless such
interest is a remote interest and where the fact and extent of such interest is disclosed and
noted on the record of the Council or similar records of the City, prior to consideration of
the legislation by the City Council.
7. Disclosure of Confidential Information Prohibited. No City officer or employee
shall disclose or use any confidential, privileged or proprietary information, gained by
reason of his /her official position, for a purpose which is other than a City purpose;
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 upon request. This
provision shall not preclude an employee from exercising rights protected by the Public
Employees Collective Bargaining Act, including the right of a labor organization to utilize
and disclose properly obtained information that the City deems confidential, privileged,
or proprietary.
8. Improper Use of Position Prohibited. No City officer or employee shall
knowingly use his /her office or position to secure personal benefit, gain or profit, or use
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his /her position to secure special privileges or exceptions for him /herself, or for the
benefit, gain or profit of any other persons. This provision shall not preclude an employee
from exercising rights protected by the Public Employees Collective Bargaining Act,
including the right to negotiate agreements that address the wages, hours, and working
conditions of employees,of the City.
9. Improper Use of City Personnel Prohibited. No City officer or employee shall
employ or use 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. This section does
not apply to off -duty employment relationships, which are mutually negotiated.
10. 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 City business, and for such purposes and
under such conditions as are approved by administrative order of the Mayor; provided,
the use of a City vehicle by a City officer or employee participating in a carpooling
program established by the City, and for a purpose authorized under such program, shall
not be considered a violation of TMC Chapter 2.95 or of any other provision of the TMC.
11. 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 Tukwila; except this
prohibition shall not apply to:
a. 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;
b. An award publicly presented in recognition of public service; or
c. Any gift valued at $100.00 or less, 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.
d. An employee serving as a representative of a labor organization and/ or
an employee receiving compensation, gifts, or rewards from a labor organization of
which he /she is a member.
12. Impermissible Conduct After Leaving City Service.
a. Disclosure of Privileged, Confidential, or F,,,pi,:etary Information Prohibited.
No former officer or employee shall disclose or use any privileged, confidential or
proprietary information gained because of his /her City employment.
b. Participation in City Matters Prohibited. No former officer or employee
shall, during the period of one year after leaving City office or employment:
(1) Assist any person in matters involving the City if, while in the course
of duty 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 s /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 the Mayor about the
proposed agreement.
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d. Exceptions. The prohibitions of TMC 2.95.030, paragraphs 12.b(1) and
(2), shall not apply to a former officer or employee acting on behalf of a governmental
agency, unless such assistance or representation is adverse to the interest of the City.
Section 3. TMC 2.95.040 Amended. Ordinance No. 2068, as codified at Tukwila
Municipal Code Subsection 2.95.040, "Complaint Process," is hereby amended to read as
follows:
2.95.040 Complaint Process
A. A complaint that this Code of Ethics has been violated may be filed with any one
of the following officers, or his /her designee(s):
1. Mayor; or
2. City Attorney.
B. No person shall knowingly file a false complaint or report of violation of this
Code of Ethics.
C. Any individual receiving a complaint that this Code of Ethics has been violated
has an obligation to promptly forward the complaint, in writing, to the Mayor. The Mayor
shall promptly designate an individual to conduct an investigation of the complaint.
However, if the complaint alleges that the Mayor violated this Code of Ethics, then the
individual receiving the complaint has an obligation to promptly forward the complaint,
in writing, to the City Attorney, who shall designate an individual to conduct an
investigation.
D. Upon receipt of a complaint regarding an elected official or an appointed board
member, the complaint shall be placed on the next regularly scheduled Council meeting
agenda for informational purposes only.
E. The individual designated to conduct the investigation shall notify the subject of
the complaint that a complaint has been made; then complete the investigation and
prepare written findings and conclusions within 60 days of the date the complaint is
received by the Mayor, unless an extension is granted in writing by the Mayor or the City
Attorney, as appropriate. A copy of the written investigation findings and conclusions
shall be provided to the Mayor or City Attorney, as appropriate.
F. Within five business days of receipt of the investigator's written findings and
conclusions, the Mayor or City Attorney, as appropriate, shall prepare a written
recommended disposition of the complaint. Copies of the recommended disposition and
the investigation findings and conclusions shall be forwarded by certified mail to the
complaining party and the party complained against at their last known addresses.
Additional copies of the recommended disposition shall be forwarded to the investigator,
the City Attorney or the City Attorney's designee, and the person(s) responsible for acting
on the recommended disposition. The recommended disposition shall not be
implemented until the time for requesting a formal hearing, pursuant to TMC 2.95.040H,
has lapsed and no such hearing has been requested.
G. If the complaint is against an elected official or appointed board member, the
results of the investigation shall be placed on the next regularly scheduled City Council
agenda for informational purposes only. If the complaint is sustained, the Mayor or City
Attorney, as appropriate, shall render a disposition as outlined in TMC 2.95.040(F).
H. The party complained against may, within ten business days following the date
of the recommended disposition, which finds a violation of this Code of Ethics, request in
writing a formal hearing before the Hearing Examiner. Except for good cause shown, the
hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days
from the date the appeal is filed.
I. Within 30 days after the conclusion of the hearing, the Hearing Examiner shall,
based upon a preponderance of the evidence, prepare findings of fact, conclusions of law,
and his /her order. Copies of the Hearing Examiner's findings, conclusions and order
shall be forwarded by certified mail to the complaining party and the party complained
against at their last known addresses. Additional copies of the findings, conclusions and
order shall be forwarded to the investigator, the City Attorney or the City Attorney's
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designee, and the person(s) responsible for acting on the Hearing Examiner's order. In
the case of a complaint against an elected official or appointed board member, the
Hearing Examiner's findings will be forwarded to the City Council and placed on the next
regularly scheduled City Council agenda.
Section 3. TMC 2 :95.050 Amended. Ordinance No. 2068, as codified at Tukwila
Municipal Code Subsection 2.95.050, "Penalties for Noncompliance," is hereby amended
to read as follows:
2.95.050 Penalties for Noncompliance
A. Any person, other than an employee covered by a collective bargaining
agreement found by a preponderance of the evidence to have violated any provision of
this Code of Ethics, may be subject to any combination of the following penalties:
1. A cease and desist order as to violations of this Code of Ethics;
2. An order to disclose any reports or other documents or information
requested by the Mayor, or as requested by the City Attorney in the event the Mayor is
found to have violated any provision of the Code;
3. An order to pay to the City a civil penalty of up to $1,000.00, where it is
determined disciplinary measures are not appropriate under the circumstances;
4. Discipline, -up to and including termination or removal from any position
whether paid or unpaid, excluding elected positions, only after notice and hearing as
provided by law. The pre disciplinary procedure set forth in the provisions of the
Tukwila Municipal Code and applicable personnel policies shall be followed for regular
employees in the Classified City Service;
5. Exclusion from bidding on City contracts for a period of up to five years;
and or
6. Termination or invalidation of contract(s) entered into in violation of the
Code of Ethics, only if such contract(s) provide for termination in the event of a Code of
Ethics violation.
B. Any allegation that an employee who is covered by a collective bargaining
agreement has violated any provision of this Code of Ethics shall be investigated in
accordance with the applicable collective bargaining agreement and Department Policies,
Procedures, or General Orders. For any proven violation of this Code of Ethics, an
employee may be disciplined up to and including termination in accordance with the
applicable collective bargaining agreement. Any such discipline may be appealed in
accordance with the applicable collective bargaining agreement or Civil Service Rules.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 5. Effective Date. This ordinance or a summary thereof, shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2006.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk.
APPROVED AS TO FORM BY: Passed by the City Council:
Publishe'
Effective Dal
Office of the City Attorney Ordinance Number•
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Finance at Safety Committee
July 17, 2606 5 :00 p.m.
esent: Pam Carter, Chair; Jim Haggerton, and Verna Griffin
Rhonda Berry; Kevin Fuhrer; Shelley Kerslake; Peter Beckwith; Mary Miotke; Lori Sutter; Jane Cantu; Christy
O'Flaherty; Diane Jenkins; Chuck Parrish, community member; and Ed Garth, Coscomm.
siness Aaenda
A Proposed changes t Ethics Code
Pam indicated that the Council asked Shelley to develop two options regarding the handing of ethics complaints. Jim
asked if the intent was to forward the two options to the Council; Pam responded that that was the request of the
Council. Shelley related that in addition, the Police Guild filed an Unfair Labor Practice (ULP) alleging that the
ordinance infringed upon their rights under their Collective Bargaining Agreement; a tentative agreement has been
reached. If the Council adopts the ordinance, then the Police Guild will dismiss their ULP. The proposed changes are
not substantive and merely clarify the intent of the ordinance. Unanimous approval, forward to COW.
B. Tukwila Station
Kevin provided an update on the Tukwila Station development proposal. Once again the City has the opportunity to
enter into a public /private partnership with a torivate developer. This would be a mixed -use development in the
Tukwila Urban Center (TUC) with 250 -300 condominiums and a small amount of retail space. Previously the Council
entered into a development agreement with 'Pacific Commercial Properties (PCP) to proceed with the Tukwila Station
development which was subsequently extended trying to give the developer additional time to secure funding for the
project. Finally, that agreement was allowed to (apse. The City would like enter into a development agreement with
Fountain Park LLC. He described the parcel of land owned by the City. The City purchased the property to assist in
the development of a convention center; the property was purchased for $1.45 million using Hotel /Motel Tax Fund via
an interfund loan from the General-and Arterial Street funds. This will be paid back over time. To date, $200,000 in
principal has been paid. The remaining annual payments have been interest only. The developer is proposing a land
swap, value for value. Some attractive features of this land swap for the City are that it will assist in the acquisition of
right -of -ways which would be required for the City of Tukwila to purchase for the City of Renton's future extension of
Strander Boulevard. This will involve the relocation of the Union Pacific Railroad (UPRR) right -of -way from its current
location to a location adjacent and west of the existing Burlington Northern right -of -way which is currently owned by
Fountain Park. Also, additional revenues would be generated to the City through construction, property tax, building
permit/fees, etc., approximately $1.2 million. To facilitate the relocation of the UPRR, Tukwila would be required to
acquire through condemnation the property required for the Strander project. This would be costly if the property
would have been fully developed. Tukwila owns 1.63 acres of land immediately north of the Tukwila station, of which
36,000 sq. ft. are subject to this agreement. Referring to the maps (32 -40), the city would have a 100 ft. swath to
assist in relocation the railroad right -of -way; the developer could use approximately a 13 ft. strip for temporary
parking. Once the UPRR is ready to relocate, the City would swap this 100 ft. swath. The developer would then
demolish the temporary parking and 43 ft. of the 100 ft would become permanent parking, leaving the City with a
57 ft. swath. The City would have the option of marketing this property or selling it. The developer has expressed an
interest in purchasing the property and would be required to submit a bid once an appraisal has been obtained. This
development would help to change the character of the TUC. Possible scenarios on the relocation of the temporary
station were discussed; the details will be refined through the permitting process. Jim noted that this accomplishes
several objectives for the City. Unanimous approval, forward to COW.
C. Coscomm International
Mary provided a brief overview of Coscomm project. The first phase of the pilot program provided data
communication capabilities where terrestrial services could not be provided. The second proposed phase would
implement satellite technologies for communicating between patrol cars and provide an authorized satellite gateway
residing at the Tukwila IT Department. The City's relationship with Coscomm will be twofold: the Tukwila Police
Department will become official customers of Coscomm's services and become a showcase agency, and secondly,
the IT Department will partner with Coscomm to host a satellite gateway computer to WSP and other Coscomm public
safety agencies. Coscomm would pay Tukwila a percentage of the service fees collected from other agency
customers. In addition, because of Tukwila's cooperation during the beta testing and agreeing to be a showcase
agency, Tukwila patrol cars would be outfitted with all necessary satellite communication equipment at a very nominal
charge. Ed described how this technology works and how it would be installed in the police and command vehicles.
A draft of the proposed agreement was attached and noted that additional revisions may be forthcoming. Unanimous
approval, forward to COW.
Old Business
Pam indicated that a meeting would be held with animal control on July 19 to address some concerns and issues.
Adjournment: 6:00 p.m.
Co Committee Chair Approval
Minutes by DJ.
Tentative Agenda Schedule
MONTH M EETING 1 MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
August 7 14 21 28
Special Presentation:
See agenda packet Introduction of new
cover sheet for this employees
week's agenda
(August 7, 2006
Regular meeting).
September 5 (Tuesday) 11 18 25
4th
Labor Day
(City offices closed)
October 2 9 16 23
30t11
Fifth Monday of the
month no Council
meeting scheduled
COMMI I LE OF THE
WHOLE MEETING TO BE
FOLLOWED BY A SPECIAL
MEF I ING
Upcoming Meetings Events
AUGUST 2006
7th (Monday) 8th (Tuesday) 9th (Wednesday) 10th (Thursday) 11th (Friday) 12th (Saturday) j
Finance Utilities Cmte, FARMERS MARKET Lodging Tax Human
Safety Cmte, 5:00 PM Corner of 144th St. and Advisory Services
5:00 PM (CR 41) Tukwila Int Blvd. Committee, Advisory
(CR #3) z Every Wednesday 12 :00 NOON Board, I
(now through Sept. 27) (Embassy Suites, 10:00 AM j
City Council Arts 3:00 t o 7:00 PM 15920 W Valle Hwy) (H u man
Commission, g-
5:00 Pilo Services
Regular Mtg.,' Music in the Park office)
7:00 PM 1.5,111---
(Community FREE lunchtime
(Council
Center) %-r A,, concert series
Chambers) RESCHEDULED r I 12:00 Noon 1:00 PM
FROM AUG. 1ST www.ci.tukwila.wa.us/ at Bicentennial Park I
FM/farmersmarket.htm (6000 Christensen Rd.)
t
Highway 99 l
Action Cmte, o ft
7:00 PM li ,°I=
(Community Raven Blue, featuring
Center) a masterful blending
of R &B, rock and
Latin styles.
14th (Monday) 15th (Tuesday) 16th (Wednesday) 17th (Thursday) 18th (Friday) 19th (Saturday) I
Transportation Community Crime Hot Spots Domestic Chipper Day
Cmte, 5:00 PM Affairs Parks Task Force Mtg., Violence Task 10:00 AM .1
(CR 61) Cmte, 10:00 AM (CR #5) Force, to 1:00 PM A_
5: 00 PM 12:00 NOON
Civil Service (CR 63) FARMERS MARKET (CR #5) Tukwila's 3rd
Commission, Corner of 144th St. and Annual Car Show
Tukwila Int'1. Blvd
5:00 PM Every Wednesday 10:00 AM 2:00 PM
(CR #3) (now through Sept. 27)
3:00 to 7:00 PM
➢City Council
Committee of 011
the Whole Mtg., A Stop by and see the
7:00 PM lovingly- restored
(Council c lassic cars, trucks.
Chambers) motorcycles and
Parks Commission, muscle cars.
5:30 PM In the parking lot
(Community Center) between Cascade
View Community
Library Advisory Park and Bartell
Board, 7:00 PM Drugs (S. 144th
(Foster Library) Hwy. 99)
Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Matej at 206 767 -2342.
Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 AM to 1:00 PM, Foster HS main parking lot.
Dispose of prunings and plant materials from the longhomed beetle quarantine area. Drive your truckload of materials to the lot and
help will be provided to unload, chip, and dispose of materials free of charge. Be sure to bring ID with quarantine area address.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: lst 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844.
Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #3.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Marjo Murray (206- 433 7175).
Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room #5. Contact Marja Murray at 206- 433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 65. Contact Evie Boykan or Stacy Hansen at 206 -433 -7180.
Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library.
Finance Safety Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #3. Agenda item for 8/7/06 meeting: General budget discussion.
➢Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206- 433 -1812.
Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180.
Human Services Providers: Quarterly, 11:30 AM, TCC (2006 3/17, 6/16, 9/15, and 12/8). Contact Stacy Hansen at 206 433 -7181.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Bruce Fletcher at 206 767 -2343
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206- 575 2489
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Kimberly Matej at 206 767 -2342.
Planning Commission/Board of' Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670.
Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206 433 -1844.
Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #1.
Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #1. Agenda items for 8/8/06 meeting: (A) AT&T Corporation franchise
agreement. (B) City government channel. (C) Budget for Cascade Water Alliance and Regional Cascade Facility Charges. (D) Fort
Dent Park sewer.
Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).