HomeMy WebLinkAboutFS 2013-10-22 Item 2F - Ordinance - Ethics CodeTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Shelley Kerslake, City Attorney
DATE: October 16, 2013
SUBJECT: Amendments to Tukwila Municipal Code 2.95 — Code of Ethics
At the Finance and Safety Committee meeting of October 8, 2013, the Committee reviewed two
ordinances amending the City's Ethics Code — one for elected officials and one for employees.
After robust discussion, the Committee requested that one ordinance be prepared for elected
officials, appointed officials and employees. It was also requested that the new ordinance
include the creation of an Ethics Board which would receive ethics complaints and make an
initial determination regarding sufficiency of the complaint. Finally, the Committee requested
that if an investigation was conducted of an elected official that the investigator reach no
conclusion and only find facts that would be forwarded to the Council for a final determination.
All of these changes are reflected in the attached ordinance as well as new section regarding
penalty options for elected officials.
ATTACHMENTS
Ordinance — Ethics Code
Minutes from the Finance and Safety Committee Meeting of 10/8/13
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T
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS.
2127 AND 2068, AS CODIFIED IN TUKWILA MUNICIPAL
CODE CHAPTER 2.95, "CODE OF ETHICS;" ADOPTING A
NEW TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE
OF ETHICS;" 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 desires to repeal the current Code of Ethics codified in
Tukwila Municipal Code Chapter 2.95 and enact a new Tukwila Municipal Code Chapter
2.95 to address issues related to elected officials and to provide for a Board of Ethics;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2127 and 2068, as codified in Tukwila
Municipal Code (TMC) Chapter 2.95, "Code of Ethics," are hereby repealed in their
entirety.
Section 2. New TMC Chapter 2.95, "Code of Ethics," Adopted. A new Tukwila
Municipal Code Chapter 2.95, "Code of Ethics," is hereby adopted 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 Board of Ethics
2.95.0450 Complaint Process
2.95.050 Penalties for Noncompliance
2.95.060 Where to Seek Review
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Section 3. TMC Section 2.95.010 is hereby established 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 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
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 4. TMC Section 2.95.020 is hereby established 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.
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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; fe.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 5. TMC Section 2.95.030 is hereby established 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 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
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disclosed and noted in the official minutes or similar records of the City prior to formation of
the contract, as defincd in TMC 8.21.020.
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
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.
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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 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;
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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 Tatter's leaving City service, advance notice shall be given to the Mayor about the
proposed agreement.
d. Exceptions. The prohibitions of TMC subsections 2.95.030(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 6. TMC Section 2.95.040 is hereby established to read as follows:
2.95.040 Board of Ethics
A. There is created a Board of Ethics for the City of Tukwila. The purpose of this
Board of Ethics is to review ethics complaints for an initial determination of sufficiency
before an investigation is initiated.
B. The Board of Ethics shall be composed of three members and one alternate
member, none of which shall be a City officer or employee. The Board Members shall be
appointed by the City Council. The alternate member may attend all meetings of the
Board, but shall have no voting rights unless taking the place of an absent or recused
Board Member. The term of each Board Member shall be three years. The first three
members shall be appointed for one -, two- or three -year terms respectively.
C. The Chair of the Board shall be elected by the Board Members and shall serve as
chair for one year, at which time a new election shall occur. In filling any vacancy or
making an appointment to the Board of Ethics, the City Council shall strive to select
members with diverse perspectives and areas of expertise appropriate to the review of
ethical matters and who are of good reputation and character.
D. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet
as frequently as it deems necessary and in accordance with the provisions of the Code.
The Board shall adopt procedures consistent with the provisions of the Code governing
the conduct of its meetings. The Board shall be supported by the City Attorney's Office.
Section 7. TMC Section 2.95.045 is hereby established to read as follows:
2.95.0450 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):
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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.to the Board of
Ethics for a sufficiency determination. After reviewing the complaint, the Board may take
any of the following actions and inform the complainant, the respondent and the City
Attorney or Mayor, as appropriate:
1. Determine that the facts stated in the complaint, even if true, would not
constitute a violation of the Code of Ethics.
2. Determine that the facts stated in the complaint, even if true, would not
constitute a material violation of the Code of Ethics because any potential violation was
inadvertent or minor or has been adequately cured, such that further proceedings on the
complaint would not serve the purposes of the Code of Ethics.
3. Make a preliminary determination that the facts stated in the complaint, if
true, could potentially constitute a violation of the Code of Ethics such that further
proceedings are warranted.
D. The Board shall submit a written report with its findings within 10 days of its
receipt of the written complaint. The Board's determination of sufficiency is final and
binding and no appeal is available. If the Board finds the complaint sufficient, then the
complaint shall be investigated as set forth below.
E. For all sufficient complaints, the City Attorney_The Mayor shall promptly designate
an individual to conduct an investigation of the complaint. However, if the complaint
Attorney, who shall-- designatc an individual to conduct an investigation.
DF. Upon receipt of a complaint regarding an elected official or an appointed member
of a board or commission, the City Attorney shall forward a confidential memorandum to
all Councilmembers informing them that a complaint has been made.
€G. 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 deemed sufficient received by the Mayor, unless an extension is
granted in writing by the Mayer -or City Attorney, . However, if the complaint
is against an elected official, the investigator is to only find facts and make no conclusions
regarding whether the Code of Ethics has been violated. A copy of the written
investigation findings and conclusions shall be provided to the Mayor or City Attorney. as
apse
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FH. Within 5 business days of receipt of the investigator's written findings and
conclusions, the Mayor or City Attorney, as appropriate, shall forward a copy of the
investigation to the Department Head or Mayor, as appropriate, if the complaint is against
an employee and to the Council President if the complaint is against an elected official or
appointed board or commission member.
the complaint. Copies of the recommended disposition and investigation findings and
conclusionsshall be forwarded by certified mail to the complaining party and the party
complained against at their last known addresses.
feeltested:
GI. When the complaint is against an elected official or appointed board or
commission member, the investigative findings and conclusions as discussed in TMC
Section 2.95.0450(FH), - - - - - •- - - - - - - • ' e • , shall be placed on the
next regularly scheduled Council meeting agenda for discussion and disposition pursuant
to TMC Section 2.95.050, by majority vote of the Council., for informational purposes only.
HJ. The party complained against may, within 10 business days following the date of
athe recommended disposition; whi£h that finds a violation of this Code of Ethics, request
+r4 —w —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.
4K. 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 cicctcd 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 8. TMC Section 2.95.050 is hereby established 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 toany combination one or more of the following
penalties:
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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,
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 City
employees. ' • - - - - - - - -;
5. Exclusion from bidding on City contracts for a period of up to 5 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.
C. If the complaint is against an elected or appointed official, the Council may take
any of the following actions by a majority vote of the Council:
1. Admonition. An admonition shall be a verbal non - public statement made by
the Council President, or his or her designee, to the individual. The action of the Council
shall be final and not subject to further review;
2. Reprimand. A reprimand shall be administered to the individual by letter.
The letter shall be prepared by the Council. The action of the Council shall be final and
not subject to further review;. -
3. Censure. A censure shall be a written statement administered personally to
the individual. The individual shall appear at a time and place directed by the Council to
receive such censure. Notice shall be given at least 20 days before the scheduled
appearance at which time a copy of the proposed censure shall be provided to the
individual. Within 5 days of receipt of the notice, the individual may file a request for
review of the content of the proposed censure with the City Council. Such a request will
stay the administration of the censure. The City Council shall review the proposed
censure in light of the investigator's recommendation and the request for review, and may
take whatever action appears appropriate under the circumstances. The action of the
Council shall be final and not subject to further review. If no such request is received, the
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censure shall be administered at the time and place set. It shall be given publicly, and the
individual shall not make any statement in support of or in opposition to or in mitigation
thereof. A censure shall be deemed administered at the time it is scheduled whether or
not the individual appears as required; or,
4. Removal. If the individual against whom the complaint has been filed is a
member of a City board or commission, the City Council may, by majority vote, remove the
individual from such board or commission; provided however, that nothing in this section
authorizes the City Council to remove the Mayor and /or a Councilmember from his or her
office.
Section 9. TMC Section 2.95.060 is hereby established 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.
Section 10. 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.
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Section 11. 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 12. 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
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
October 8, 2013 — 5:30 p.m.; Conference Room #3
Finance and Safety Committee
PRESENT
Councilmembers: Dennis Robertson, Chair; De' Sean Quinn and Verna Seal
Staff: Stephanie Brown, Kim Gilman, Peggy McCarthy, Vicky Carlsen, Jennifer Ferrer -Santa Ines,
Shelly Kerslake, Kimberly Matej, Laurel Humphrey
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
Consensus existed to take up items D and E as the first and second order of business, respectively.
A. Resolution — Cancellation and Reporting of 2013 Unclaimed Property
Staff is seeking Council approval of the annual resolution that would declare the cancellation of abandoned
or unclaimed property that is owed to individuals or business owners in time for reporting to the
Washington State Department of Revenue Unclaimed Property Section by November 1, 2013. This year's
report includes the cancellation of outstanding General Fund claims and payroll checks in the total amount
of $1,933.16. The City has performed due diligence in notifying the property owners, and checks were
issued to those who were successfully contacted through that effort. UNANIMOUS APPROVAL.
FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA.
B. Ordinance— Amending Ordinance No. 2408 relating to the Final Assessment Roll for LID No. 33
Staff is seeking Council approval of an ordinance that would amend Ordinance No. 2408 by replacing its
Exhibit B, the final assessment roll for Klickitat Local improvement District No. 33. After the passage of
Ordinance No. 2408, it was discovered that eight parcels on the assessment roll contained outdated
ownership data, and a corrected Final Assessment Roll must be adopted via a new ordinance. The
corrected Final Assessment Roll also contains an annotation relating to an exemption for the King County
Housing Authority on two parcels. The exemption was discovered after the assessment process had begun
and it was determined that it would not be cost effective to start over. UNANIMOUS APPROVAL.
FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA.
C. Two Ordinances — Ethics Code for Elected Officials and for Employees and Appointed Officials
Committee Chair Robertson provided an overview of a proposal to revise the Code of Ethics by adding a
new chapter covering elected officials to include both the Council and the Mayor. A companion ordinance
would amend the existing Code to remove the reference to elected officials, making it applicable only to
City employees and appointed officials. This review and proposed revision to the Code was requested by
the Council at its 2013 retreat, based upon a review of ethics policies for officials in other local municipal,
county and state governments. The proposal removes language prohibiting "appearance of impropriety" as
well as activity that might be seen as adverse to the interests of the City," on the grounds that those are
concepts difficult to define and enforce and are not widely used in the comparison jurisdictions. Another
impetus for the proposal is that all of the jurisdictions reviewed have a process under which investigations
and decisions of complaints against elected officials are either performed by an ombudsman, appointed
citizen board or the Council, and none have a process under which the Mayor performs the review or
makes the final determination.
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Finance & Safety Committee Minutes October 8, 2013 — Page 2
The investigation process outlined by the proposed ordinance begins with initial complaints first going to
the Council President, who would review the validity of the complaint along with two other
Councilmembers of his or her choosing. (lf the complaint is against the Council President, it would then go
to the next most senior Councilmember.) If the initial review determines that the complaint is valid, it will
next go to an investigator retained by the Council, who will investigate and provide results to the Council
President for action. The Council President and two Councilmembers will prepare a written
recommendation that is then discussed and decided by the entire Council with the exclusion of the
complained about official.
Committee members, staff, and the City Attorney discussed this proposal at length. Committee Chair
Robertson proposed a further suggestion to add the City Attorney to the group of Council President and
two Councilmembers undertaking the preliminary review of the complaint validity. The City Attorney
stated that the Mayor's Office recommends that the Mayor should remain in the existing Code Chapter
2.95 to have the same process as City employees and appointed officials in keeping with Tukwila's
separation of powers structure.
Councilmember Quinn proposed that the Committee consider an appointed Ethics Board model, citing the
City of Federal Way's Code of Ethics as a favorable example. Under this proposal, he would like to see the
Council, Mayor and employees have the same review process, and the Council would not be involved in
the preliminary determination of complaint or in an investigatory role. Councilmembers and staff
discussed the ethics board model as well as the language regarding "appearance of impropriety" and
"interests appearing adverse to the City." The City Attorney provided several real -world examples when
those principles were legally applicable. Ultimately, Councilmembers Quinn and Seal stated they would
like to retain that language applying to elected officials, employees, and appointed officials.
Councilmember Robertson remained opposed. Committee members agreed in concept on a process of a
preliminary review of validity by an appointed ethics board, an investigation of facts by an independent
attorney, and a determination made by the Council.
The Committee requested this issue return to the October 22 meeting, and requested the City Attorney
prepare a proposal for a code that would apply to the Council and employees and incorporate an ethics
board component. In addition, they requested to see options regarding the position of Mayor in the process.
DISCUSSION ONLY. RETURN TO COMMITTEE ON OCTOBER 22, 2013.
D. Resolution — Council Benefits
Staff is seeking Council approval of a resolution that would update health insurance benefits for
Councilmembers. Since 2001, Councilmembers have received a benefit in which they can receive
reimbursement for eligible medical expenses up to $3,400 per year. However, due to the Patient
Protection and Affordable Care Act (PPACA) of 2007, this expense reimbursement option is considered a
stand -alone health plan and therefore prohibited after January 1, 2014. The Council previously had the
option to enroll in the City's Self- Insured Medical /Dental plan, but with the changes due to the PPACA,
continuing this enrollment option is now the only medical benefit available to Councilmembers.
Enrollment in the plan would be available this December for coverage beginning January 1. The City plan
would be secondary for Councilmembers receiving insurance through their workplace, and primary for
those on a Medicare plan. The premium of $509.94 for an individual Councilmember per month would be
paid by the City as it is for employees.
In response to Committee member questions, the resolution will be presented at the October 22 Committee
meeting with information regarding a Group Health option and clarification on the tier of coverage for
those who already have primary and secondary insurance. In addition, staff is planning to add a recital to
the resolution that explains the impetus for the change. Education on the change to Council benefits will be
provided to Councilmembers on an individual or group basis as appropriate. DISCUSSION ONLY.
RETURN TO COMMITTEE ON OCTOBER 22, 2013.
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