HomeMy WebLinkAboutCOW 2004-11-08 Item 4G - Resolution - Negotiate Agreement for Use of Tukwila Pond with Wig Properties
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CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. 0
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AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A CODE OF ETHICS FOR
CITY EMPLOYEES AND OFFICIALS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN E~'N~~CTIVE
DATE
WHEREAS, the City ofTukwila 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 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 r()oeofRtnl~!(: Aoopteo. Tukwila Municipal Code Chapter 2.95 entitled "Code
of Ethics" is hereby adopted to read as follows:
Chapter 2.95
CODE OF ETHICS
Sections:
2.95.010
2.95.020
2.95.030
2.95.040
2.95.050
2.95.060
Purpose
Definitions
Prohibited conduct
Complaint process
Penalties for noncompliance
Where to seek review
2.95.010 Purpose
A. It is the policy ofthe.City of Tukwila to uphold, promote, and demand the
highest standards 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
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carrying out their public duties, avoid any improprieties in their roles as public
servants, including the appearance of impropriety, and never use their City
position or powers forimproperpersonal gain.
B. It is the intention of the City Council that this chapter be liberally
construed 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 construing this chapter, City officers and employees should be
guided by common sense and practicality. This Code of Ethics is supplemental to
state law, RCW 42.23.
2.95.020 Definitions
The following wordsand phrases as used in this chapter, unless the context clearly
indicates otherwise, shall have the following meanings:
A."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.
B. "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.
C. "Compensation" means payment in any form for real or personal property
or services of any kind.
D."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 relating to official City
business, where otherwise permitted by law.
E. "Hearing Examiner" shall mean the duly' appointed and qualified Hearing
Examiner for the City of Tukwila, or his or her designee.
F . "hnmediate 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.
G. "Person" means any individual or corporation, business, or other entity,
however constituted, organized, or designated.
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2.95.030 Prohibited conduct
The following shall constitute violations of this Code of Ethics:
A. 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 following prohibited conduct alone may be sufficient
to constitute a violation of this Code of Ethics.
B. Beneficial Interests in Contracts Prohibited. No City officer or employee
shall participate inhis or her capacity as a City officer or employee in the making
of a contract in which he or she 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 or votes of the officer(s) having the remote interest. For
purposes of this section, a "remote interest" means:
I. That ora non-salaried officer of a nonprofit corporation;
2. 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;
3. That of a landlord or tenant of a contracting party;
4. That of a holder of less than one percent of the shares of a corporation,
limited liability company, or other entity which is a contracting party.
C. 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 the preceding
section.
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D. Representation of Private. Person at City Proceeding Prohibited. No City
officer or employee shall appear on behalf of a private person, other than himself
or 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.
E. Certain Private Employment Prohibited. No City officer or employee shall
engage in or accept private employment, 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.
F. Beneficial Interestin Legislation Prohibited. No City officer or employee,
in appearing before the City Councilor when giving an official opinion before the
City Council, shall have a financial interest in any legislation coming before the
City Council and 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.
G. Disclosure of Confidential. Information Prohibited. No City officer or
employee shall disclose . or . use any confidential, privileged, or proprietary
information gained by reason.ofhis or her official position for a purpose which is
for 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 on request.
H. Improper Use of Position Prohibited. No City officer or employee shall
knowingly use his or. her office orpositiol1 to secure personal benefit, gain or
profit, or use his or her position to secure special privileges or exceptions for
himself, herself, or for the benefit, gain, or profits of any other persons.
I. 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. Jhi~ ~p.ctlon dop.~ 1'\Q,t ~!,!,ly to off-duty employment rel~tion~hi!,~ which
~rp. mlltu~ lly np.~C'\ti ~ted
J. 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
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available to the public generally, for the authorized conduct of official 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 this section or of any other provision of this chapter.
K. 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:
I. Attendance of a City officer or ~U1ployee 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;
2. An award publicly presented in recognition of public service; or
3. 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 ofa reward for action or inaction.
L. Impermissible Conduct After Leaving City Service.
I. Disclosure of Privileged, Confidential, or Proprietary Information
Prohibited. No fonner officer or employee shall disclose or use any privileged,
confidential, or proprietary information gained because of his or her City
~U1ployment.
2. Participation in City Matters Prohibited. No former officer or
employee shall, during the period of one year after leaving City office or
employment:
a. Assist any person in matters inv'olving 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.
b. 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
c. Participate as or with a bidder, vendor, or consultant in any
competitive selection process for a City contract in which he or she assisted the
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City in determining the project, or work to be done, or the process to be used.
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3. 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.
4. Exceptions. The prohibitions of subsections 2.a and 2.b ofthis section
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
anyone of the following officers, or his or 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. The individual designated to conduct the investigation shall notify the
~nhject of the eom!,laint th~t ~ comrl::1inLh;'1~ h.ff':n 11l.8.d.e...-::Inil complete the
investigation and prepare written findings a..'1d conclusions within 60 days of the
date the complaint was 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.
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 thec6mplaint. 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
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recommended disposition shall not be implemented until the time for requesting a
formal hearing, pursuant to Section F below, has lapsed and no such hearing has
been requested.
F. The party complained against may, within ten business days following the
date of the recommended disposition finding a violation of this Code of Ethics,
request in writing a formal hearing before the Hearing Examiner.
G. 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 or her order. Copies of the Hearing Examiner's
findings,. conclusions, and order shall be forwarded by certified mail to the
complaining party and the party complained against at their last known addresses.
Additional copies of the findings, conclusions, and order shall be forwarded to
the investigator, the City Attorney or the City Attorney's designee, and the
person(s) responsible for acting onthe Hearing Examiner's order.
2.95.050 Penalties for noncompliance
A. Any person found,. by a preponderance of the evidence, to have violated
any. provision. of this Code of Ethics may be subj ect 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, wnere it
i~ determined di~ciplin::lry n:JP.::I~11rP.~ ::ITP. not appropriatp. lmner tne eirelJm~t~n~p.~:
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.
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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 ITom the King
County Superior Court pursuant to RCW 7.16, or other appropriate legal action.
B. Public Disclosure. If ordered to disclose any documents or papers
pursuant to this Code of Ethics, an affected party may seek review by writ of
review from the King County Superior Court pursuant to RCW 7.16, or other
appropriate legal action.
C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in
the form of a trial de novo in the TukwilaMunicipal Court, which shall hear the
case according to the Civil Rules for Courts of Limited Jurisdiction (CRLJ) and
applicable local rules of the TukwilaMunicipal 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 or 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 inequity.
8.ec1IDn? ~p.vp.r~. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared Wlconstitutional 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.
~ectlon 1 Fffec.tivp. nate.This Ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five (5) days after the date of publication.
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ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF ,2004.
ATTEST/AUTHENTICAlbV:
Jane Cantu, City Clerk
Approved as to form:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Date of Publication:
Effective Date:
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CITY OF TUKWILA
Mayor Steven M. Mullet
f1'E:CE!VED
Finance and Safety Committee
October 4, 2004
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Present:
Dave Fenton, Chair; Joan Hernandez, Dennis Robertson
Jim Morrow, Alan Doerschel, Shelley Kerslake, Rhonda Berry, Lucy
Lauterbach
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1. ClearoathContract TheCommittee again considered this contract, which they
had briefly considered at their last meeting. Joan went through the agreement, and
suggested Council approval be added for any contract extension. She asked for
examples of situations requiring confidentiality, and Alan gave her three instances
where potential buyers had used the City to inquire about purchasing property when
they didn't want their names known. Joan also asked about how this would work with a
new economic development person on board. Alan said the contract is transitional, and
that Larson's real estate expertise could still be needed because the economic
development administrator~oes not know that area well.
The Committee agreed to take out two of the three bullets of work to be done and add
one bullet. They lefttheprovision to work on Tukwila Village Phases 1A and 1B, and
added a provision to provide real estate technical services to the city as needed.
Dennis raised his issue with the contract. He asked about the three other contracts the
City has with Clearpath. Alan said those were over with, and he was willingto add a
null and void clause to the contract saying only this new contract was in effect.
Recommend amended contract to COW.
)J:2. Code of Ethics Shelley had run the code of ethics past the bargaining units, who
'" I '" had comments on the draft policy . She went over the code with the Committee,
pointing out the changes recommended by the unions. The Committee approved of the
policy. Recommend adootion of Code of Ethics to COW.
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3. Motor Scooters and Pocket Bikes The Committee went through the ordinance
and added some clarifying words. Dennis had comments about the kill switch and the
screeching tires sections, and the Committee simplified the penalties section.
Recommend ordinance to COW.
4. Justification for AWC Budaet Meetinq In talking about holding an AWC session
on budgeting, the Committee talked about timing for the workshop. Looking at the
schedule for the rest of the year, they thought the Council agendas were too full to be
added to just now, and settled on recommending a class early in 2005. ProDose
proaram to Council to see if there is consensus to hold trainina.,