Loading...
HomeMy WebLinkAboutCOW 2004-05-10 Item 3A - Ordinance - Code of Ethics for City Employees and Officials 1 COUNCIL AGENDA SYNOPSIS 10/ 1 l Initials- ITEM No. #*;0 I Meeting Date Prepared by 1 Mayor's review! Council review I i lll T f? I 5/10/04 RAB 1 sAAA% I (i g I 1 I I I a 1 1 I 1 ITEM INFORMATION CAS Number: 04-064 I Original Agenda Date: May 10, 2004 Agenda Item Title: Ordinance adopting a code of ethics for City employees I Original Sponsor: Council x Admin. I Timeline: Sponsor's Summary: Finance and Safety Committee has reviewed various policies from other cities and recommends adoption of the attached ordinance. Ordinance must be forwarded to employee bargaining units prior to final adoption. Recommendations: Adopt ordinance Sponsor: Committee: Administration: Cost Impact (if N/A known): Fund Source (if known) RECORD OF COUNCIL ACTION Meeting Date Action APPENDICES Meeting Date I Attachments f 0540-C4. I Proposed Ordinance Finance Safety Committee minutes from meeting of 5/3/04 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR CITY EMPLOYEES AND OFFICIALS; PROVIDING FOR SEVERAEILITY; 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 employees; and 4 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 Adopted. A Code of Ethics for the City of Tukwila is hereby adopted to read as follows: h<; Chapter 295 CODE OF ETHICS 1`y Sections: 2.91010 Purpose 2.91020 Definitions 2.95.030 Prohibited conduct 2.95.040 Complaint process 2.95.050 Penalties for noncompliance 2.95. Where to seek review 2.95.070 Financial d'srlosure 2.95.010 Purpose A. It is the policy of the 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 f personal integrity, truthfulness, honesty and fairness fn 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 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 state law, RCW 4223. J< 2.91020 Definitions The following words and phrases as used in TMC Chapter 2.95, unless the context clearly indicates otherwise, shall have the following meanings: Emil Cole 5/6/04 1 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 ;fir 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. "n`; 4. "Gift" means a voluntary transfer of real or personal property of any kind or ':1:� `f the voluntary rendition of services of any kind without consideration of equal or ;:f' greater value, but not including any reasonable hosting, including travel expenses, "J entertainment, meals, or refreshments furnished in connection with appearances, ti ceremonies, and occasions reasonably relating to official City business, where otherwise permitted by law. f 5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his or her designee. 6. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within the third degree of consanguinity of the person or the persons spouse, e.g., within three degrees of relationship by blood marriage. 7. "Person" means any individual or corporation, business or other entity, n tiirf: 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 >f,.. g g r ;;-s, involved or implicated in a conflict of interest or impropriety, or an appearance of Jt= 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 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. V 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his 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 %r City officer or employee has only a remote interest in the contract, and where the fact ti 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 c; 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: 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 ":h limited liability company, or other entity that is a contracting party. %z 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 Ethics Code 5/6/04 2 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. 4. 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. 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. 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. Disdosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any confidential, privileged or proprietary information, gained by reason of his 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. 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his or her office or position to secure personal benefit, gain or profit, or use his or her position to secure special privileges or exceptions for himself or herself, or for the benefit, gain or profits of any other persons. 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. 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 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 sr? this chapter. 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 fn 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?"- Ethics Code 5/6/04 3 .'1'•- 1 T c Any gift valued at $50.00 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 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 or 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 I competitive selection process for a City contract, in which he or she 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- 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. 2.91040 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 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 complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint was ..:.:.3 by the Mayor, unless an extension is granted in writing by the Mayor. A copy of the written investigation findings and condusions shall be provided to the Mayor. E. Within five business days of receipt of the investigator's written findings and conclusions, the Mayor 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 Ethics Code 5/6/04 4 .v.. 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 2.95.040P, 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 Examiners findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known. addresses. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. 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 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; 3. An order to pay to the City a civil penalty of up to $1,000.00; 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 permanent 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. 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 front the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the form of a trial de novo in the Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction (CRLJ) 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 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. Ethics Code 5/6/04 5 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 inequity. 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 equip 2.95.070 Financial disclosure All persons presently required to file reports under the public disclosure law of the state of Washington shall, upon assuming any City office or position, file with the City Clerk a true and correct copy of the completed report required to be filed under State 3:1 fs law. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared H unconstitutional or otherwise invalid for any reason, or should any portion of this •rd:L: 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 f.;." application to other persons or circumstances. Section 3. Effective Date. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: f:. APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: j k Ethics Code 5/6/04 6 Finance and Safety CoYnmittee May 3, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Alan Doerschel, Rhonda Berry, Shelley Kerslake, Lucy Lauterbach 1. Increase in Petty Cash Fire Department The Fire Department has had a hard time maintaining their petty cash fi.om period to period. They requested increasing it fi.om $200 to $350. Recommend resolution to increase Fire Department fund to Regular Meeting. ~,~ 2. Ethics Policy As the City policy now in the Administrative Policy needs to be updated, the Committee talked about the process for updating it. A sample of Tacoma's policy was reviewed for its applicability to Tukwila. Other than changing the provisions that applied to their council- manager form of government and their Public Power and Light powers, the provisions looked like they would work well. The Committee talked about the form the ethics policy should take. It is currently part of the Administrative Policies, and as such is under the authority of the Mayor's office. If it is separated and made into an ordinance, it could be made part of the TMC. The Committee recommended this latter procedure. Recommend draft ordinance to COW. 3. Ending Fund Balance Alan talked about general City finances. Looking at the Attachment A 6 -Year Plan, Alan said the 2004 Beginning Fund Balance was a little higher than stated. However, the trend is still evident that the City spends about $1.2 million more each year than it gets in revenues. By 2009 the City may need to borrow money to cover city operations. Dennis pointed out the City has already spent over $1 million this year in unbudgeted funds (Tukwila · Village plus new positions in Public Works and DCD for Sound Transit work replacement). Alan said we usually have unbugeted items, but not at that level. Dennis pointed out the City is currently spending $200,000 on the bonds we've borrowed for projects, so we can't keep borrowing funds. Further, Alan said both pension and health cost increases could raise employee costs by nearly a million, which may make the City run out of money sooner than 2009. Alan talked of comparing projects that result in increased revenues for the City with projects that do not bring much, if any new revenues. The cost of the City improvements must be measured against not only quality of life improvements, but also against whether the new project will bring the City any revenues. Alan pointed out that the Six-Year Plan, fi.agile as it is now, does not plan for any of the projects that will'be discussed in the Priorities meeting, or any capital projects that cause increased spending other than what is now in the books. Dennis talked about the City cutting costs over six years to reduce or get rid of the $1 million unbudgeted spending that has traditionally happened. Finally, Alan said if either Tim Eyeman's current initiative (or any future initiative of his), or streamlined sales tax happens, Tukwila's budget would be reduced by further millions. Information only.