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HomeMy WebLinkAboutFS 2013-10-08 Item 2A - Ordinances - Ethics Code for Elected Officials, Employees and Appointed OfficialsTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Shelley Kerslake, City Attorney DATE: October 1, 2013 SUBJECT: Ethics Ordinance for Elected Officials and Amendments to Tukwila Municipal Code 2.95 to Remove Elected Officials ISSUE Whether the Council should pass an ordinance to create a separate ethics code and process for elected officials. BACKGROUND At the 2013 Council Retreat it was discussed that the Council wanted to review changes to the City's ethics policy. Specifically, the Council was interested in creating a code to provide a process for handling ethics complaints against elected officials separate from the process for handling ethics complaints against employees and appointed officials. In addition, it was discussed that the Council wanted a code which would eliminate the appearance of conflict of interest prohibition, due to a perception that this was a difficult prohibition to define. DISCUSSION Attached to this memo is a proposed ordinance which creates an ethics code for elected officials. This code encompasses many of the same violations as the City's current code; however, the process for adjudicating complaints under this proposed new code is different. Pursuant to this proposed ordinance, complaints are to be directed to the Council President, who is charged with reviewing the initial complaint, along with two other councilmembers. If the complaint states an ethics code violation, the matter is forwarded to an investigator retained by the Council. Once the investigation is complete, the results are given to the Council President for action, as appropriate. The Council President shall then prepare a written recommended disposition of the complaint with the assistance of the two councilmembers with whom he initially reviewed the complaint. The Council, with the exclusion of the complained of Elected Official, shall discuss and vote upon the recommended disposition. The proposed code also provides for appeals from the Council's decision. Also attached to this memo is an ordinance which amends Tukwila Municipal Code (TMC) 2.95 to remove references to elected officials. The other components of TMC 2.95 remain the same. FINANCIAL IMPACT None. RECOMMENDATION If the Committee desires to move this item forward, it is recommended that it be placed on the October 14, 2013 Committee of the Whole meeting and subsequent October 21, 2013 Regular Meeting. ATTACHMENTS Ordinance — Ethics Code for elected officials. Ordinance — Amended Ethics Code for employees and appointed officials. 1 2 DR f FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR ELECTED OFFICIALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila wishes to provide uniform guidance to elected officials on ethical issues; and WHEREAS, State law prohibits certain conduct of City elected officials while serving the City; 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, HEREBY ORDAINS AS FOLLOWS: Section 1. Code of Ethics Established. A Code of Ethics for Elected Officials, to be codified as Tukwila Municipal Code (TMC) Chapter 2.97, "Code of Ethics for Elected Officials," is hereby established to read as follows: CHAPTER 2.97 CODE OF ETHICS FOR ELECTED OFFICIALS Sections: 2.97.010 Purpose 2.97.020 Definitions 2.97.030 Prohibited Conduct 2.97.040 Complaint Process 2.97.050 Penalties for Noncompliance 2.97.060 Where to Seek Review W: Word Processing \Ordinances \Code of Ethics - Elected Officials 9 -30 -13 SK:bjs Page 1 of 8 3 Section 2. TMC Section 2.97.010 is hereby established to read as follows: 2.97.010 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 Elected Officials. Elected Officials shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties, avoid any improprieties or material misrepresentations regarding their roles or authority as public servants, and never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.97 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 2.97, Elected Officials should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington state law, RCW Chapter 42.23. Section 3. TMC Section 2.97.020 is hereby established to read as follows: 2.97.020 Definitions As used in TMC Chapter 2.97, 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. "Elected Official" means every individual elected to an office or position with the City. 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 expenses, including travel, entertainment, meal, and refreshment expenses incurred in connection with appearances, ceremonies, and occasions reasonably related to official City business, or 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 or marriage). W: Word Processing \Ordinances \Code of Ethics - Elected Officials 9 -30 -13 SK:bjs 4 Page 2 of 8 7. "Person" means any individual, corporation, business or other entity, however constituted, organized or designated. Section 4. TMC Section 2.97.030 is hereby established to read as follows: 2.97.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. Elected Officials shall not become involved or implicated in a conflict of interest, impropriety or material misrepresentation. 2. Beneficial Interests in Contracts Prohibited. No Elected Official shall participate in his /her capacity as an Elected Official 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. Provided, however, that this prohibition shall not apply where the Elected Official 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 goveming 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 official(s) having the remote interest. For purposes of this TMC Chapter 2.97, 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 Elected Official 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 Elected Official 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. 4. Representation of Private Person at City Proceeding Prohibited. No Elected Official 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 an Elected Official in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City. W: Word Processing \Ordinances \Code of Ethics - Elected Officials 9 -30 -13 SK:bjs Page 3 of 8 5 5. Certain Private Employment Prohibited. No Elected Official 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. 6. Beneficial Interest in Legislation Prohibited. No Elected Official, 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 any 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 Elected Official 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, however, 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. 8. Improper Use of Position Prohibited. No Elected Official 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. 9. Improper Use of City Personnel Prohibited. No Elected Official shall employ or use any person under the Elected Official's official control or direction for the personal benefit, gain or profit of the Elected Official or another. This section does not apply to off -duty employment relationships, which are mutually negotiated. 10. Improper Use of City Property Prohibited. No Elected Official shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Such use is restricted to those services which 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 or Council; provided, however, that the use of a City vehicle by an Elected Official 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 2.97. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No Elected Official 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 Elected Official's services with the City of Tukwila; provided, however, that this prohibition shall not apply to: a. Attendance by an Elected Official at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, W: Word Processing \Ordinances \Code of Ethics - Elected Officials 9 -30 -13 SK:bjs 6 Page 4 of 8 or where official attendance by the Elected Official 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 gift cannot reasonably be presumed to influence the vote, action or judgment of the Elected Official, or be considered as part of a reward for action or inaction. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former Elected Official shall disclose or use any privileged, confidential or proprietary information gained because of his /her City position. b. Participation in City Matters Prohibited. No former Elected Official shall, during the period of one year after leaving City office: (1) Assist any person in matters involving the City if, while in the course of duty with the City, the former Elected Official was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter; or (2) Participate as or with a bidder, vendor or consultant in any competitive selection process for a City contract in which he /she assisted the City in determining the project or work to be done, or the process to be used. Section 5. TMC Section 2.97.040 is hereby established to read as follows: 2.97.040 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any Elected Official. B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any Elected Official receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing and within 5 days, to the Council President. The Council President shall promptly designate two additional Councilmembers to review the complaint to determine whether the complaint alleges facts which, if found to be true, would be sufficient to constitute a violation of this Code of Ethics. However, if the complaint alleges that the Council President violated this Code of Ethics, then the individual receiving the complaint has an obligation to promptly forward the complaint, in writing, to the next most senior member of the City Council, who shall designate two additional Councilmembers to review the complaint. W: Word Processing \Ordinances \Code of Ethics - Elected Officials 9 -30 -13 SK:bjs Page 5 of 8 7 D. If the complaint states a violation of this Code of Ethics, the Council President shall designate an individual to conduct an investigation. If the complaint is against the Council President, the next most senior Councilmember shall designate an individual to conduct an investigation. If the complaint does not state a violation of this Code of Ethics, notice of that decision shall be provided to the complainant and the subject of the complaint. E. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint was received by the Council President, unless an extension is granted in writing by the Council President or senior member, as appropriate. A copy of the written investigation findings and conclusions shall be provided to the complainant and the Council President or senior member, as appropriate, and shall be forwarded to all Elected Officials. F. Within 5 business days of receipt of the investigator's written findings and conclusions, the Council President or senior member, as appropriate, shall prepare a written recommended disposition of the complaint with the assistance of the two Councilmembers who initially reviewed the complaint pursuant to TMC Section 2.97.040(C). Copies of the recommended disposition and the investigation's 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 shall be sent to the Elected Officials. The Council, with the exclusion of the complained of Elected Official, shall discuss and vote upon the recommended disposition at the next regularly scheduled City Council meeting. In the event of a tie vote, the Mayor shall be allowed to vote on this matter, unless the Mayor is the subject of the complaint. The City Council's final decision shall be based solely upon evidence in the record. The recommended disposition shall not be implemented until the time for requesting a formal hearing, pursuant to TMC Section 2.97.060, has lapsed and no such hearing has been requested. G. The party complained against may, within 10 business days following the date of the recommended disposition which finds a violation of this Code of Ethics, request a formal hearing before the Hearing Examiner. A request for a formal hearing shall be in writing. The Hearing Examiner shall conduct an appeal hearing to determine if the investigator's findings are supported by substantial evidence. The City Council is hereby authorized to hire legal counsel to represent the City in any adjudicatory proceeding related to this Code of Ethics. H. Within 30 days after the conclusion of a formal 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 Elected Officials. W: Word Processing \Ordinances \Code of Ethics - Elected Officials 9 -30 -13 SK:bjs 8 Page 6 of 8 Section 6. TMC Section 2.97.050 is hereby established to read as follows: 2.97.050 Penalties for Noncompliance Any Elected Official found, by a preponderance of the evidence, to have violated any provision of this Code of Ethics may be subject to one or more of the following penalties by majority vote of the Council: 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 Council President, or as requested by the senior member in the event the Council President is found to have violated any provision of the Code; 3. An order to pay to the City a restitution of up to $1,000.00, where it is determined appropriate under the circumstances; 4. Exclusion from bidding on City contracts for a period of up to 5 years; 5. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, but only if such contract(s) provide for termination in the event of a Code of Ethics violation; 6. Admonition. An admonition shall be a verbal statement approved by the City Council and made to the Elected Official by the Council President, or if the complaint is against the Council President, then by the next most senior Councilmember. An admonition under this section is not subject to further review or appeal except as may be otherwise provided by law; and /or 7. Reprimand. A reprimand shall be administered to the Elected Official by a resolution of reprimand by the City Council. A reprimand under this section is not subject to further review or appeal, except as may be otherwise provided by law. Section 7. TMC Section 2.97.060 is hereby established to read as follows: 2.97.060 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this Chapter, the affected Elected Official may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this chapter, the affected Elected Official may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. C. Restitution. If ordered to pay a restitution under TMC Section 2.97.050, an appeal may be taken in the form of an on the record appeal in the Tukwila Municipal Court. The Tukwila Municipal Court shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of the Tukwila Municipal Court. The appeal shall be taken by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the date of the City Council's final written order. The Elected Official W: Word Processing \Ordinances \Code of Ethics - Elected Officials 9 -30 -13 SK:bjs Page 7 of 8 9 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. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the Elected Official excluded may seek whatever remedies exist at law or in equity. E. 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 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 9. 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 10. 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 , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Code of Ethics - Elected Officials 9 -30 -13 SK:bjs 10 Page 8 of 8 AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2068 AND 2127, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS," TO REMOVE ELECTED OFFICIALS FROM THE ETHICS PROCESS USED FOR EMPLOYEES AND APPOINTED OFFICIALS; 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 amended the same by Ordinance No. 2127 on August 7, 2006; and WHEREAS, the City Council has established a separate chapter of the Tukwila Municipal Code relating to a Code of Ethics for Elected Officials, thereby requiring amendments to the current Code of Ethics codified in Tukwila Municipal Code Chapter 2.95; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.95.010 Amended. Ordinance Nos. 2127 §1 and 2068 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 2.95.010, "Purpose," are 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 appointed officials, whether elected, app ' . 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 positions 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 W: Word Processing \Ordinances\Code of Ethics - employees and appointed 9 -30 -13 SK:bjs Page 1 of 9 11 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 Section 2.95.020 Amended. Ordinance No. 2068 §1 (part), as codified at TMC Section 2.95.020, "Definitions," is hereby amended to read as follows: 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 expenses incurred 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; je.g., within three degrees of relationship by blood or marriage). 7. "Person" means any individual, or—corporation, business or other entity, however constituted, organized or designated. Section 3. TMC Section 2.95.030 Amended. Ordinance Nos. 2127 §2 and 2068 §1 (part), as codified at TMC Section 2.95.030, "Prohibited Conduct," are hereby amended to read as follows: W: Word Processing \Ordinances \Code of Ethics - employees and appointed 9 -30 -13 SK:bjs 12 Page 2 of 9 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 Section 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 8.24.00. 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 W: Word Processing \Ordinances \Code of Ethics - employees and appointed 9 -30 -13 SK:bjs Page 3 of 9 13 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 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 W: Word Processing \Ordinances \Code of Ethics- employees and appointed 9 -30 -13 SK:bjs 14 Page 4 of 9 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 Tukwila Municipal Code. 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, -; or 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. W: Word Processing \Ordinances \Code of Ethics - employees and appointed 9 -30 -13 SK:bjs Page 5 of 9 15 d. Exceptions. The prohibitions of TMC Section 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 4. TMC Section 2.95.040 Amended. Ordinance Nos. 2127 §3 and 2068 §1 (part), as codified at TMC Section 2.95.040, "Complaint Process," are 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 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. ED. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall ;then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is received by the Mayor or City Attorney, 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, E. Within 5 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 Section 2.95.040(44G), has lapsed and no such hearing has been requested. W: Word Processing \Ordinances \Code of Ethics - employees and appointed 9 -30 -13 SK:bjs 16 Page 6 of 9 GF. When the complaint is against an elected official or appointed board or commission member, the investigative findings and conclusions as discussed in TMC Section 2.95.040(FE), as well as the recommended disposition, shall be placed on the next regularly scheduled Council meeting agenda, for informational purposes only. SIG. The party complained against may, within 10 business days following the date of at he recommended disposition ich that finds a violation of this Code of Ethics, request in writing a formal hearing before the Hearing Examiner. A request for a formal hearing shall be in writing. 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. TH. Within 30 days after the conclusion of the a formal 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 designee, and the person(s) responsible for acting on the Hearing Examiner's order. In the case of a complaint against an olected official or appointed board or commission member, the Hearing Examiner's findings will -shall be forwarded to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Section 5. TMC Section 2.95.050 Amended. Ordinance Nos. 2127 §4 and 2068 §1 (part), as codified at TMC Section 2.95.050, "Penalties for Noncompliance," are 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 t one or more 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_, 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 procedures 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 5 years; and /or W: Word Processing \Ordinances \Code of Ethics - employees and appointed 9 -30 -13 SK:bjs Page 7of9 17 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 6. TMC Section 2.95.060 Amended. Ordinance No. 2068 §1 (part), as codified at TMC Section 2.95.060, "Where to Seek Review," is hereby amended to read as follows: 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. 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. W: Word Processing \Ordinances \Code of Ethics - employees and appointed 9 -30 -13 SK:bjs 18 Page 8of9 Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 8. 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 9. 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 , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Code of Ethics - employees and appointed 9 -30 -13 SK:bjs Page 9 of 9 19