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HomeMy WebLinkAboutReg 2006-08-07 Item 6C - Ordinance - Amend TMC Chapter 2.95 Code of Ethics ;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 C:\Documents and Settings\All Users\ Desktop \Kelly'MSDATA\Ordinances\Ethics Code Version A.doc PB:kn 8/3/2006 Page 1 of 5 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 C:\Documents and Settings\A11 Users\ Desktop \Kelly\MSDATA \Ordinances\Ethics Code Version A.doc PB:kn 8/3/2006 Page 2 of 5 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. C:\Documents and Settines\All Users\ Desktop \Kelly\MSDATA \Ordinances\Ethics Code Version A.doc PB:kn 8/3/2006 Page 3 of 5 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 CaDocuments and Settings'Al1 Users\ Desktop Kelly \MSDATA \Ordinances\Ethics Code Version A.doc PB:kn 8/3/2006 Page 4 of 5 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: C:\Documents and Settings■Ul Users\ Desktop \Kelly\MSDATA;Ordinances\Ethics Code Version A.doc 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 C:\Documents and Settings\AIl Users\ Desktop \Kelly\MSDATA \Ordinances\Ethics Code Version B.doc PB:kn 8/3/2006 Page 1 of 5 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 C:\Documents and Settings\All Users\ Desktop \KeIIy\MSDATA \Ordinances\Ethics Code Version B.doc PB:kn 8/3/2006 Page 2 of 5 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. C:`•.Documents and Settings\All Users\Desktop\Kelly\ V1SDATA\Ordinances\Ethics Code Version B.doc PB:kn 8/3/2006 Page 3 of 5 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 C: \Documents and Settings\All Users\ Desktop \Kelly\MSDATA \Ordinances\Ethics Code Version B.doc PB:kn 8/3/2006 Page 4 of 5 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• C \Documents and Settings\All Users\ Desktop \Kelly\MSDATA\OrdinanceslEthics Code Version B.doc PB:kn 8/3/2006 Page 5 of 5 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 BNSF 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.