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HomeMy WebLinkAboutFS 2014-06-03 COMPLETE AGENDA PACKETCity of Tukwila Finance and Safety Committee O Verna Seal, Chair O Joe Duffie O Kathy Hougardy AGENDA Distribution: V. Seal J. Duffie K. Hougardy D. Quinn D. Robertson Mayor Haggerton D. Cline P. McCarthy C. O'Flaherty S. Kerslake L. Humphrey D. Tomaso J. Trantina TUESDAY, JUNE 3, 2014 — 5:30 PM HAZELNUT CONFERENCE ROOM (formerly known as CR #3) at east entrance of City Hall Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. A fireworks permit application for the Family 4th at a. Forward to 6/16 Consent Pg.1 the Fort event. Agenda. Don Tomaso, Fire Marshal b. A resolution and annual report for the "Tukwila, City of Opportunity Scholarship" program. b. Forward to 6/9 C.O.W. and 6/16 Regular Mtg. Pg.13 Joyce Trantina, Project Analyst c. Amendments to the Ethics Code. c. Forward to 6/9 C.O.W. Pg.19 David Cline, City Administrator and 6/16 Regular Mtg. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, June 17, 2014 16. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 ( TukwilaCitvClerk (aTukwilaWA.gov) for assistance. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Chris Flores, Interim Fire Chief BY: B/C Don Tomaso, Fire Marshal DATE: May 22, 2014 SUBJECT: Fireworks Permit for 4th of July at Starfire ISSUE Require City Council approval for the annual fireworks permit for the Tukwila Parks and Recreation Family 4th at Starfire Sports Complex. BACKGROUND The City of Tukwila has been sponsoring a family oriented 4th of July celebration for the last 13 years. This is one of the most successful City sponsored events in terms of public attendance and participation. This event will draw in excess of 5,000 people to the park to view and participate in the festivities scheduled by Parks and Recreation. DISCUSSION Parks and Recreation has retained the same fireworks company, Western Display Fireworks, Ltd., a company with 61 years of experience in public displays. We will use the same location as last year to avoid protecting the sports turf fields in the Northeast corner of the facility. This fireworks discharge location will be in the Southwest corner of the facility on the natural grass fields. Additionally, the largest aerial shell will be reduced from 6" to 3"; this allows for a smaller safety perimeter. Western Display has also proposed several ground displays that the crowd will be able to see when looking south. FINANCIAL IMPACT This event is funded through the Parks and Recreation Department. RECOMMENDATION Staff recommends that Council approve the permit as presented at the June 16, 2014 Council meeting under the Consent Agenda. ATTACHMENTS Fireworks application and Western Display Fireworks, Ltd paper work Fireworks permit conditions 1 2 THIS FORM IS INTENDED TO BE USED AS A GENERIC PUBLIC DISPLAY PERMIT FOR THE AUTHORITY HAVING JURISDICTION AND PYROTECHNIC OPERATORS WITHIN THE STATE OF WASHINGTON WASHINGTON STATE PUBLIC FIREWORKS DISPLAY PERMIT Applicant Name of Event Tukwila's Family 4th at Fort Dent Park Street Address Grass Soccer field located at the Starfire Sports Complex, 14800 Starfire Way City Tukwila Event Date 7/4/14 County King Event Time Approx. 10:00 Applicant's /Sponsor's Name Tukwila Parks & Rec. Dept. Pyrotechnic Operator Philip Howitt Experienced Assistant's Name William Edgington, Sr. ❑ AM 51 PM Phone No. 206- 768 -2822 License No. P -03051 General Display Company Name Western Display Fireworks Ltd Phone No. 503- 656 -1999 Attach a separate piece of paper and /or copies of the following documents: • The number of set pieces, shells (specify single or multiple break), and other items. • The manner and place of storage of such fireworks prior to the display. • A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of all buildings, highways, and other lines of communication; the lines behind which the audience will be restrained; and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction. • Documentary proof of procurement of Surety bond or public liability Insurance. Local Fire Code Authority Authority Having Jurisdiction Name of Permitting Official Title Permit Granted: ❑ Yes Restrictions /Notations Phone No. El Yes, with Restrictions (see "Notations" below) ❑ No Signature of Permitting Official Date of Approval Permit Number If approved, this permit is granted for the date and time noted herein under the authority of the International Fire Code in accordance with Revised Code of Washington 70.77 and all applicable rules and ordinances pertaining to fireworks in this jurisdiction. This permit is INVALID unless in the possession of a properly licensed Pyrotechnic Operator, who is responsible for any and all activities associated with the firing of this show. MUST BE APPROVED BY THE AUTHORITY HAVING JURISDICTION SX0- 42o -05o (R 3/13) 3 H H co as 2N N u of 4 4 Show #14 -4461 2.5" Boxes N m 0 0 m N 1.5" Cakes 1.25" Cakes 1" (100 SHOT) Z CAKES 1.25" (100 SHOT) Z CAKES 1.5" (100 SHOT) ZIP CAKES 1.5" (66 SHOT) FAN CAKES 2" (25 SHOT) BOXES N 2" (50 SHOT) BOXES r r 2.5" (25 SHOT) BOXES 2.5" (36 SHOT) BOXES W N tp 2.5" (10) CHAIN SETS 2.5" SHELLS o m CO CO N N 3" (10) CHAIN SETS 3" (72) ASST CASES V P) N N Total Inventory OP ID: EF ,a4orr° CERTIFICATE OF LIABILITY INSURANCE I °ATEi�1�0 °"w" 05/01114 HOLDER. THIS BY THE POLICIES AUTHORIZED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Neu of such endorsement(s). PRODUCER Phone: 360- 695 3301 Biggs Insurance Services Fax: 360 -696 -2232 P.O. Box 189 916 Main Street Vancouver, WA 98666 Jon Courser 1-UNTAL f y1+AME, MC. NO INC No. Eat: MC B AgR�s: ER P o WESTE -5 CUSTOMERID L INSURER(S) AFFORDING COVERAGE NAIC • INSURED Western Display Fireworks,Ltd. P.O. Box 932 Canby, OR 97013 INSURER A: Liberty Surplus Insurance Comp LIAO.CITY X OCCUR INSURER B: James River Insurance Company INSURER C;Hudson Insurance Company 25054 INSURER O 1 EACH OCCURRENCE INSURER E 7. 1,000,00C INSURER F PR 5 tt a ccIs encet • • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR TYPE OF INSURANCE AOUL INS ? SUER/ ,fin POLICY NUMBER POUCYEFF LMMDD1YYYY) POUCYEXR IMMIDD/YYYYI . LIMITS A GENERAL LIABILITY COA4riEACIAL GENERAL LIAO.CITY X OCCUR X 100000139710 01115/14 01115115 EACH OCCURRENCE f 1,000,00C X PR 5 tt a ccIs encet $ 50,00C 1 CLAWS/44M kED EXP (Any one person) t Excluder PERSONAL 6 ADV INJURY $ 1,000,00C X Stop Gap GENERAL AGGREGATE $ 2,000,00C GOt1AGC.RC(Gj�ATEEjLiMiTAPPLIES PER POLICY [ii cT i 1-1 LOC PRODUCTS - COMP/OP AGO $ 1,000,00C —1 $ C AUTOMOBILE — X — — X X X LIABILITY Atty Auro ALLOW ED AUTOS SCNED 4 Eli AUTOS HIRED .AUTOS NCNYOWTEDAUTOS BU100301600 INCLUDING TRUCKERS 01115/14 01/15/15 COMBINED SINGLE LIMIT (Ea ecadani $ 1,000,00C BODILY INJURY (Po/ person) t BODILY INJURY /Pa/ aecsdpnti s PROPERTY DAMAGE (Perocciderd) $ i B )( UMBRELLA LIAO EXCESS LIAB pLI occiA CLAIMS-MADE 000514662 01/15/14 1 01/15/15 EACH OCCURRENCE S 4,000,00C AGGREGATE a 4,000,00C — RETENTION a INCLUDES NCLUDES y TRUCKERS s AND AUTC WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRET ^L / ARRER EXECUTIVE h OMFICERAI 8ER EXCLUDED? In (Mandatory In NH) It yes, describe Ux1er DESCRIPTION OF OPERATIONS Y■ NIA FR I WCY TATU- I j I T E.L. EACH ACCIDENT t E L DISEASE - EA EMPLOYEE bW7• E . DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 001„ AddIdonal Remarks Sehadult, a mon (Pfd Ia aquirod) how Date: July 4 2014 Site: Grass soccer field located at the Starfire -ports Complex 14600 Starfire Way, Tukwila, WA 98188 / Additional insureds •er CG2010 1) City of Tukwila its officers, directors, employees and agents r) Starfire Sports 3)John C. Tukwila, Development Co. CERTIFICATE HOLDEU CANCELLATION TUKWOD1 City of Tukwila 12424 42nd Avenue South Tukwila, WA 98168 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED �REPRESENTATIVE ' " ACORD 25 (2009/09) OD 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Commercial General Liability Liberty surplus Insurance Corporation. hic,e,reelioneNtuural Gmn4 LIBERTY SURPLUS INSURANCE CORPORATION (A New Hetnpshire Stack Insurer= Company. hcrinatter the `Compsrrj i ENDORSEMENT NO. I Effective Date: Policy Number: Issued To: 1/15/14 100000139710 Western Display Fireworks, Ltd. DBA Western International Fireworks and Western Wildlife Control THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATIOT' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract signed by both parties All locations of covered operations. prior to any "occurrence" in which coverage is sought under this policy. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, hut only with respect to liability for "bodily injuq ", "property damage" or "persona! and advertising injury" caused, in whole or in part, by; 1. 'Your acts or omissions; or 2. The acts or omissions of those iu ting on your behalf. in the performance of your ongoing operations for the additional insured(s) at the hwation(s) designated above. B. With re-veer to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance dogs not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2. 'lIast portion of "your work" out of which the injury or damage erases has been put, to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20I007 04 6 C ISO Properties, Inc., 2004 Fallout Area Tukwila, WA .3G Fireworks Western Display Fireworks (4/2012) 8 City of Tukwila Jim Haggerton, Mayor Fire Department Chris Flores, Interim Fire Chief Date: May 22, 2014 To: Interim Chief Flores From: B/C Tomaso, Fire Marshal Re: Public Fireworks Display Permit I have reviewed the permit application information provided by Western Display Fireworks, Ltd. They have applied for the permit for a public fireworks display at the Starfire Sports Complex, 14800 Starfire Way. Western Display is a licensed Pyrotechnic Company with the State of Washington. The display will be held in conjunction with the City's planned event on the 4th of July, "Family Fun at the Fort", being organized by the Parks and Recreation Department. This will be a 20 to 30 minute show starting at approximately 2200 hours. The fireworks will be transported to the site in the AM of July 4th and will be under the required supervision until they are discharged. The mortar tubes and support equipment will be brought to the location on July 4th The application was reviewed to WAC 212 -17 and accepted industry standards, and we find everything is within these guidelines. The display will be held again in the Southwest corner of the facility. This change has eliminated the concerns regarding the railroad right — of — way, Seattle Sounders FC practice fields and the limited access this allows. In addition, we will no longer have a portion of the fallout area within the City of Renton. We will however, have a small portion of the 6720 Fort Dent Way Office building within the South edge of the fallout zone. Crowd control can be a potential issue, as the crowd that assembles to watch the fire works show has increased each and every year. Last year the traffic leaving the site was managed with the available Tukwila Police on site and available patrol units. To mitigate these issues I believe the following measures should be done: Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: 206 -575 -4404 • Fax: 206 -575 -4439 9 City of Tukwila Page 2 • Stage two fire apparatus at the site: one apparatus on each side of the river in order to cover the 6720 Fort Dent Office building. Apparatus shall be out of service during the display and for 30 minutes following the display. • Have Tukwila Police provide crowd control during the public display. A minimum of 4 officers will be required. Provide traffic control to the Fort Dent Way and Interurban Ave intersection to expedite traffic flow. (2 additional Tukwila Police shall be available to respond to the site if requested.) • Comply with Fire Works Permit Conditions attached. Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: 206 -575 -4404 • Fax: 206 -575 -4439 10 City of Tukwila Jim Haggerton, Mayor Fire Department Chris Flores, Interim Fire Chief FIREWORKS PERMIT CONDITIONS To: Western Display Fireworks, Ltd. From: B /C. Tomaso, Fire Marshal Re: July 4th Fireworks display, 14800 Starfire Way, Tukwila, WA 98168 Date: May 22, 2014 1. Notify Washington State Patrol at 425 - 649 -4658. 2. Notify FAA specialist at 425 - 227 -2536 or 425 - 227 -2500. 3. Establish Safety perimeter a minimum of 30 minutes prior to display start. 4. Have Pyrotechnicians in visible uniform clothing. 5. No Pyrotechnics shall be delivered to site prior to the day of the display. 6. All personnel inside the safety perimeter shall use Personnel Protective equipment as outlined in NFPA 1123. 7. Only Pyrotechnicians, Safety Monitors and Fire Watch personnel will be within the safety perimeter. 8. Portable fire extinguishers shall be in place, prior to unloading of pyrotechnics from transport vehicle. (2A 20 BC Minimum Size) 9. 4 - Tukwila Police officers shall be on site a minimum of 30 minutes prior to the start of the display for crowd control and shall remain for a minimum of 30 minutes past the end of the display or the crowd disperses. (2 additional Tukwila Police officers shall be available to respond to the site if requested.) Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: 206 -575 -4404 • Fax: 206 -575 -4439 11 City of Tukwila Page 2 10. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic shells. 11. Tukwila Fire Department shall inspect all static displays upon completion of set up. 12. Two Tukwila Fire Department apparatus shall be on location prior to the start of the display. (One will be an overtime staffed Engine) 13. Two additional overtime firefighters will be the designated fire watch personnel assigned to the Starfire turf practice fields. 14.Any breech of the safety perimeter shall suspend the display until the perimeter is cleared and re — established. 15. Upon completion of the display, the fallout area shall be checked for unexploded shells. Cleaning of debris, if not practical on the night of the event shall be at first light the next day. 16. No combustible materials shall be stored inside the safety perimeter. Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: 206 -575 -4404 • Fax: 206 -575 -4439 12 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance & Safety Committee FROM: Scholarship Selection Committee: Mayor Jim Haggerton, Council President De'Sean Quinn, Nate Robinson, Recreation Program Specialist, Cheryl Thompson, Executive Assistant and Jenni Standard, College and Career Counselor Foster High School DATE: May 22, 2014 SUBJECT: Tukwila City of Opportunity Scholarship Annual Report ANNUAL REPORT The City received seven applications for the City of Opportunity Scholarship: one application from Aviation High School in the High line School District and six applications from Foster High School in the Tukwila School District. All applications were forwarded to the selection committee members for review. There was $4,000 available for scholarship awards and two $2,000 scholarships were awarded. ISSUE After going through the scholarship process in 2014 Administration is recommending revisions to the program to include: • Defining Substantial Financial Need; • Make-up and Size of the Selection Committee; • Award Amounts; and • Eligibility of Immediate Family Members of City Employees and Elected Officials. DISCUSSION Defining Substantial Financial Need: The resolution that adopted the City of Opportunity Scholarship indicated that financial need would be demonstrated by the information provided on the FAFSA Student Aid Report. Unfortunately, the Student Aid Report only provides the amount of Expected Family Contribution but does not provide annual family income or the financial information provided in completion of the FAFSA form used to determine need. Eligibility for the Washington State Need Grant is determined by the using the State Median Family Income chart and to be eligible student's family income cannot exceed 70 percent of the state's median income. It is recommended that the scholarship application be modified to include a financial section that provides the annual family income for the previous year and that eligibility is based on a family income that does not exceed 70 percent of the state's median income. Members of the Selection Committee: It is recommended that we modify the make-up of the selection committee to include the Mayor and/or his designee, the Council President and/or a City Council Representative, up to two appointed City employees and School District representative(s). The number of members on the selection committee will not exceed seven people in any given year. Award Amounts: It is recommended that the amount of the annual scholarship fund be increased from $4,000 to $10,000 with the minimum award amount being $1,000 and the maximum award amount being $5,000. This will allow the potential for additional recipients and more substantial scholarship awards. 13 INFORMATIONAL MEMO Page 2 Eligibility of Immediate Family Members of City Employees and Elected Officials: It is a common practice for organizations that issue monetary awards to exclude employees and other individuals who are affiliated with the organization, as well as their family members, from eligibility to avoid a potential conflict of interest or the appearance of impropriety. After consulting with the City Attorney's office it is recommended that we adopt this exclusion. In the alternative, the Council can opt to allow immediate family members of City employees and elected officials, that meet all other eligibility requirements, to apply for the scholarship. FINANCIAL IMPACT Increasing the amount of the scholarship fund from $4,000 to $10,000 will mean an additional $6,000 per year from the general fund. RECOMMENDATION The Council is being asked to consider a resolution amending the Tukwila City of Opportunity Scholarship requirements at the June 9, 2014 Committee of the Whole meeting and the subsequent June 16, 2014 Regular Meeting. ATTACHMENTS Draft Resolution 14 RAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE "TUKWILA, CITY OF OPPORTUNITY SCHOLARSHIP" PROGRAM TO INCREASE THE FUNDING LEVEL AND CLARIFY AND REFINE PROCEDURES; AND REPEALING RESOLUTION NO. 1817. WHEREAS, the City of Tukwila has a scholarship program for high school students living in Tukwila; and WHEREAS, the purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school; and WHEREAS, the scholarship grant shall be known and cited as the "Tukwila, City of Opportunity Scholarship;" and WHEREAS, following the initial implementation and awarding of scholarship funds, the City wishes to increase the funding level for the program and clarify and refine procedures; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school. Section 2. Scholarship Eligibility Requirements. Recipients of the scholarship program shall meet the following qualifications: • Must be a resident of the City of Tukwila. Proof of residency is required at the time of application. • Must be equivalent to a senior in high school. W: \Word Processing \Resolutions \City scholarship program amended 5 -27 -14 CT:bjs Page 1 of 3 15 • Must demonstrate a substantial financial need as indicated on the FAFSA Student Aid Report. Substantial financial need is defined as a household income of less than 70% of the State Median Income. • Must have applied to an undergraduate program at a community college, trade school or university. • Must demonstrate leadership qualities as evidenced by involvement in extra- curricular activities. • Must have a cumulative grade point average (GPA) of 2.75 or higher. • Must have completed a minimum of 15 hours of community service. • May not be an immediate family member of an employee or elected official of the City of Tukwila. For purposes of the scholarship program, "immediate family member" includes 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.q., within three degrees of relationship by blood marriage. Section 3. Funding. A sum of $4,00010,000 per calendar year shall be appropriated and reflected in the City of Tukwila budget. Scholarships will be awarded in increments of not less than $1,000 nor greater than $4,0005,000. Section 4. Scholarship Selection Committee. A Scholarship Selection Committee shall be created and shall include the Mayor and /or his or her designee, the City Council President and /or a City Council representative, and up to two City staff appointees and a- School District designeerepresentative(s) who can fairly evaluate the level of academic and extracurricular activities represented in the scholarship applications. Section 5. Roles and Authority for the Scholarship Fund. A. City staff shall administer the scholarship fund as directed by this resolution, and it shall be known and cited as the "Tukwila, City of Opportunity Scholarship." B. The Scholarship Selection Committee shall review the program annually and submit a report to Council that summarizes by school district: the applications, available funds, the scholarships awarded, the number of applications that did not result in scholarships, and any recommendations for revisions to the program. C. The Council shall receive the report and request revisions to the program as needed. Section 6. Application Review Process. The deadline for applications to be submitted is March 31 of each year. All applications will be reviewed by City staff to determine that the eligibility requirements have been met. All applications that meet the eligibility requirements will be reviewed by the Scholarship Selection Committee, which will present a recommendation to the City Council for approval of up to four scholarship awards. Scholarship recipients will be notified by April 30 each year. W: \Word Processing \Resolutions \City scholarship program amended 5 -27 -14 CT:bjs 16 Page 2 of 3 Section 7. Repealer. Resolution No. 1817 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \City scholarship program amended 5 -27 -14 CT:bjs Page 3 of 3 17 18 T{}: Jim Haggetton, Mayor INFORMATIONAL U��U���������U� nn�n v�*n�nmn�mn u��nm�m�~ o�n�~n�n�*n��mo�����nmn Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator Shelley Kerslake, City Attorney DATE: May 28, 2014 SUBJECT: Amendments to Tukwila Municipal Code 2.95 — Code of Ethics ISSUE Amending the City's Code of Ethics to create an Ethics Board. BACKGROUND At the Finance and Safety Committee meetings of October 8, October 22 and November 5, 2013 the Committee discussed amending the City's Ethics Code. At the November 5, 2013 meeting the Committee reviewed and discussed three separate ordinances for consideration: 1. Creation of an Ethics Board comprised of the chairs of the City's current commissions. Under this model, the Board would make an initial determination of complaint sufficiency. If the complaint is found to be initially sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact but will not draw any conclusions. Upon receipt of the investigation report, the Board will forward the findings of fact to the Council. The Council will then determine whether an ethics violation has occurred and render the appropriate penalty, if necessary. This process will apply to all elected officials and appointed board and commission members; 2. Creation of an Ethics Board comprised of the chairs of the City's current commissions. Under this model, the Board would make an initial determination of complaint sufficiency. If the complaint is found to be initially sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact, conclusions and provide a recommendation. Upon receipt of the investigation report, the Board will determine one of the following: • That a violation of the ethics code did not occur; • That additional information is needed to make a determination and hold a hearing which is limited in scope; or • That a violation of the ethics code did occur. The Board will draft a recommendation to the Council related to the recommended disposition. This process will apply to all elected officials and appointed board and commission members; and O. Creation of an Ethics Board appointed by the Mayor and Council. There are rigorous standards for board member qualification. There is also a provision which allows for non- resident appointment under certain circumstances. Under this model, the Board will make an initial determination of complaint sufficiency. If the complaint is found to be initially sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact, conclusions and provide a recommendation. . Upon receipt of the investigation report, the Board will determine one of the following: • That a violation of the ethics code did not occur; • That additional information is needed to make a determination and hold a hearing which is limited in scope; or • That a violation of the ethics code did occur. INFORMATIONAL MEMO Page 2 The Board will draf a recommendation to the Council related to the recommended disposition. This process will apply to all elected officials and appointed board and commission members. After reviewing the three options the Committee requested that Administration meet with the City's five Commissions to present the proposal of appointing the chair of each Commission to serve on a City's Ethics Board. DISCUSSION Over the course of the past few nnonthG. Mayor's office staf members have met with the Arts Connnnionion, Civil Service ConnnnioGion, Equity and Diversity Commission, Parks Commission, and Planning Commission to share information regarding an ordinance amendment that would create an Ethics Board comprised of the Commission chairs. Due to scheduling diffinu/ties, it took longer than originally anticipated to schedule these meetings with each commission. After detailed discussions, most commission members were supportive of the proposal to establish an Ethics Board comprised of current Commission members, such as the chairperson, when it was necessary. All of the commissions were pleased to have been asked by the Councilmembers for their input on this new ordinance. One of the main reasons offered for this support was the expectation and recognition that the Ethics Board would be called on infrequently and therefore it would be a better use of current resources to draw on current commission members rather than to create a new fairly inactive commission. During the course of the discussion the following questions were raised by several of the commissions: • How often has this Code of Ethics been used in the past • Why is the Council interested in changing the ethics code • Does it have to be the commission chair as the Ethics Board member? Can each commission choose any member, which may provide greater consistency • Who would provide ethics training to the Commission chairs and would training be offered on a regular basis, i.e. annually; • How would conflicts be handled in the case of an ethics issue involving a commissioner; • How would ethics issues regarding employees be handled; and • Is there a conflict of interest if the Ethics Board member is a City employee? FINANCIAL IMPACT None. RECOMMENDATION The Council is being asked to recommend one of the ordinances and forward this item to a Committee of the Whole meeting for discussion and a subsequent Regular Meeting for adoption. ATTACHMENTS Minutes from the Finance and Safety Committee Meeting of 10/8/13 Minutes from the Finance and Safety Committee Meeting of 10/22/13 Minutes from the Finance and Safety Committee Meeting of 11/05/13 Ordinance — Ethics Code — Options 1, 2 & 3 20 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes October 8, 2013 — 5:30 p.m.; Conference Room #3 PRESENT Councilmembers: Dennis Robertson, Chair; De'Sean Quinn and Verna Seal Staff: Stephanie Brown, Kim Gilman, Peggy McCarthy, Vicky Carlsen, Jennifer Ferrer -Santa Ines, Shelly Kerslake, Kimberly Matej, Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. IL BUSINESS AGENDA Consensus existed to take up items D and E as the first and second order of business, respectively. A. Resolution — Cancellation and Reporting of 2013 Unclaimed Property Staff is seeking Council approval of the annual resolution that would declare the cancellation of abandoned or unclaimed property that is owed to individuals or business owners in time for reporting to the Washington State Department of Revenue Unclaimed Property Section by November 1, 2013. This year's report includes the cancellation of outstanding General Fund claims and payroll checks in the total amount of $1,933.16. The City has performed due diligence in notifying the property owners, and checks were issued to those who were successfully contacted through that effort. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA. B. Ordinance— Amending Ordinance No. 2408 relating to the Final Assessment Roll for LID No. 33 Staff is seeking Council approval of an ordinance that would amend Ordinance No. 2408 by replacing its Exhibit B, the final assessment roll for Klickitat Local Improvement District No. 33. After the passage of Ordinance No. 2408, it was discovered that eight parcels on the assessment roll contained outdated ownership data, and a corrected Final Assessment Roll must be adopted via a new ordinance. The corrected Final Assessment Roll also contains an annotation relating to an exemption for the King County Housing Authority on two parcels. The exemption was discovered after the assessment process had begun and it was determined that it would not be cost effective to start over. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA. C. Two Ordinances — Ethics Code for Elected Officials and for Employees and Appointed Officials Committee Chair Robertson provided an overview of a proposal to revise the Code of Ethics by adding a new chapter covering elected officials to include both the Council and the Mayor. A companion ordinance would amend the existing Code to remove the reference to elected officials, making it applicable only to City employees and appointed officials. This review and proposed revision to the Code was requested by the Council at its 2013 retreat, based upon a review of ethics policies for officials in other local municipal, county and state governments. The proposal removes language prohibiting "appearance of impropriety" as well as activity that might be seen as adverse to the interests of the City," on the grounds that those are concepts difficult to define and enforce and are not widely used in the comparison jurisdictions. Another impetus for the proposal is that all of the jurisdictions reviewed have a process under which investigations and decisions of complaints against elected officials are either performed by an ombudsman, appointed citizen board or the Council, and none have a process under which the Mayor performs the review or makes the final determination. 21 Finance & Safety Committee Minutes October 8, 2013 — Page 2 The investigation process outlined by the proposed ordinance begins with initial complaints first going to the Council President, who would review the validity of the complaint along with two other Councilmembers of his or her choosing. (If the complaint is against the Council President, it would then go to the next most senior Councilmember.) If the initial review determines that the complaint is valid, it will next go to an investigator retained by the Council, who will investigate and provide results to the Council President for action. The Council President and two Councilmembers will prepare a written recommendation that is then discussed and decided by the entire Council with the exclusion of the complained about official. Committee members, staff, and the City Attorney discussed this proposal at length. Committee Chair Robertson proposed a further suggestion to add the City Attorney to the group of Council President and two Councilmembers undertaking the preliminary review of the complaint validity. The City Attorney stated that the Mayor's Office recommends that the Mayor should remain in the existing Code Chapter 2.95 to have the same process as City employees and appointed officials in keeping with Tukwila's separation of powers structure. Councilmember Quinn proposed that the Committee consider an appointed Ethics Board model, citing the City of Federal Way's Code of Ethics as a favorable example. Under this proposal, he would like to see the Council, Mayor and employees have the same review process, and the Council would not be involved in the preliminary determination of complaint or in an investigatory role. Councilmembers and staff discussed the ethics board model as well as the language regarding "appearance of impropriety" and "interests appearing adverse to the City." The City Attorney provided several real -world examples when those principles were legally applicable. Ultimately, Councilmembers Quinn and Seal stated they would like to retain that language applying to elected officials, employees, and appointed officials. Councilmember Robertson remained opposed. Committee members agreed in concept on a process of a preliminary review of validity by an appointed ethics board, an investigation of facts by an independent attorney, and a determination made by the Council. The Committee requested this issue return to the October 22 meeting, and requested the City Attorney prepare a proposal for a code that would apply to the Council and employees and incorporate an ethics board component. In addition, they requested to see options regarding the position of Mayor in the process. DISCUSSION ONLY. RETURN TO COMMITTEE ON OCTOBER 22, 2013. D. Resolution — Council Benefits Staff is seeking Council approval of a resolution that would update health insurance benefits for Councilmembers. Since 2001, Councilmembers have received a benefit in which they can receive reimbursement for eligible medical expenses up to $3,400 per year. However, due to the Patient Protection and Affordable Care Act ( PPACA) of 2007, this expense reimbursement option is considered a stand -alone health plan and therefore prohibited after January 1, 2014. The Council previously had the option to enroll in the City's Self- Insured Medical/Dental plan, but with the changes due to the PPACA, continuing this enrollment option is now the only medical benefit available to Councilmembers. Enrollment in the plan would be available this December for coverage beginning January 1. The City plan would be secondary for Councilmembers receiving insurance through their workplace, and primary for those on a Medicare plan. The premium of $509.94 for an individual Councilmember per month would be paid by the City as it is for employees. In response to Committee member questions, the resolution will be presented at the October 22 Committee meeting with information regarding a Group Health option and clarification on the tier of coverage for those who already have primary and secondary insurance. In addition, staff is planning to add a recital to the resolution that explains the impetus for the change. Education on the change to Council benefits will be provided to Councilmembers on an individual or group basis as appropriate. DISCUSSION ONLY. RETURN TO COMMITTEE ON OCTOBER 22, 2013. 22 Finance & Safety Committee Minutes October 22, 2013 — Page 2 D. Permit User Fee for Technology Investments Staff is seeking Council direction on the adoption of a new technology fee on building, public works and land use permits. Revenues from the fee would offset the total $356,460 cost of the new "Trakit" permit processing system as well as potentially fund the cost of preserving and providing electronic access to current and historical permit records. A combination of technology fee revenue and funds from the microfilming/digitizing budget would enable the Digital Records Coordinator position in the Office of the City Clerk (currently at 3/4 time) to become full time in 2014. Trakit integrates with the City's digital records repository through Laserfiche, providing web -based accessibility of finalized permit records to the public, and would result in less staff time spent on processing public records requests. A survey of other local jurisdictions indicates that many cities are applying a technology fee, and it is either a flat fee, fee per sheet, or percentage of the permit fee ranging from 1.3 to 5 %. Materials in the Committee packet provide estimated revenues from technology fees at varying percentage levels for the past several years as well as for an average permit revenue of 1.3 million dollars. For example, a technology fee set at 5% is estimated to bring in $65,000 annually. Staff recommends that Council consider imposing the technology fee at the 5% level. Provided for the Committee's review is a draft resolution that would impose a technology fee at the recommended 5% level, eliminate hourly fees imposed on complex permits, and finally, consolidate various but related fees into one schedule. There is a companion draft ordinance that would remove permit fees from Tukwila Municipal Code 16.04, Buildings and Construction, in accordance with this consolidation. The Community Affairs and Parks Committee also received a briefing on this proposal at its October 14 meeting, and in response to questions that arose then, the memo was updated to include information about the level of service provided by the comparison cities in Attachment A. None of the surveyed cities offer online accessibility to finalized permit records as Tukwila would under the 5% fee proposal. The revised Attachment A also includes a column indicating whether the comparison city imposes a B &O tax. A new table was added that shows a 10 year payback period for Trakit and the remaining available funds at different fee levels for digital records and technology replacement. After discussion and clarification of questions, Committee members were supportive of the fee at the 5% level. Decision - making regarding the level of funding for records management will be part of the 2014 budget review if the fee is approved by Council. FORWARD TO OCTOBER 28 COMMITTEE OF THE WHOLE. E. Ordinance — Interfering with Traffic Staff is seeking Council approval of an ordinance that would establish new regulations relating to interfering with traffic to be codified as Chapter 9.21 in the Tukwila Municipal Code. Conduct by pedestrians interfering with traffic in City rights -of -way not only causes congestion but is a public safety concern. This proposal would replace the current ordinance prohibiting certain types of solicitation, which does not address traffic interference by all types of pedestrians. The proposed ordinance would prohibit traffic interference in a public right -of -way and establish penalties for violation. In practice, officers who observed such activity would give the violator a written warning before issuing the infraction. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 28 COMMITTEE OF THE WHOLE. F. Ordinance— Ethics Code As follow up to the Committee's requests from the October 8 meeting, City Attorney Shelley Kerslake returned with a proposed ordinance that establishes a single ethics code for elected officials, appointed officials, and City employees. The proposal establishes an appointed Ethics Board which would receive complaints of ethics violations and make an initial determination of sufficiency. Following an investigation by an independent investigator, Council would make the final determination based upon the facts. The revised proposal also includes a new section regarding penalty options for elected officials. 23 Finance & Safety Committee Minutes October 22, 2013 — Page 3 The City Attorney stated that the Administration's current recommendation is to establish an appointed Ethics Board that would make the initial determination of sufficiency and then continue its role as adjudicator for the entire complaint. If a violation is determined it would then go the Council for the penalty phase. The Board would also have a dual role of issuing advisory opinions which would be a benefit for City officials and employees. Committee Chair Robertson mentioned his ongoing concern about language relating to "appearance of impropriety" and "adverse to the interests of the City." He requested that every instance where that language appears be underlined for Committee of the Whole discussion. Councilmember Quinn added that he would like to see a stringent qualifications component relating to the appointment of board members. Committee Chair Robertson then brought forth a suggestion that, instead of establishing a new board, the standing chairs of existing boards and commissions (e.g. Planning Commission) receive appropriate training and form an ad hoc ethics committee when an incident arises. If an individual did not wish to participate the next senior member would be approached. By virtue of their existing appointment these individuals would already have experience in City operations as well as the ethics code. The Committee was not unanimous on this proposal but requested it be prepared for further discussion. After further discussion, the Committee requested the following be prepared and presented at another Finance and Safety meeting prior to advancing to the Committee of the Whole: • Option proposing an appointed Ethics Board with a makeup of five members, two to be appointed by the Mayor and three by the Council. The proposal will include rigorous standards of qualification. This option would have the investigator's findings of fact return to the Board for adjudication because of those rigorous standards. • Option proposing an Ethics Board comprised of current chairs of existing City boards /commissions, then adjudication by the Council after an investigator produces findings of fact. • Option proposing an Ethics Board comprised of current chairs of existing boards /commissions, then adjudication by the ad hoc Ethics Board after an investigator produces findings of fact. • Addition of definitions that may include examples of "appearance of impropriety" and "adverse to the interests of the City." • Cover memos explaining each option. • In Section 6, TMC 2.95.040 (D), change "the City Attorney's Office" to "outside counsel" in the last sentence. • In Section 7, TMC 2.95.045 (A), add the Mayor, Councilmember, and City Clerk to the list of those receiving a copy of a complaint. • In Section 7, TMC 2.95.045 (K), reinstate "elected official" in the last sentence. DISCUSSION ONLY. RETURN TO FINANCE AND SAFETY COMMITTEE. G. Police Department 2013 3`d Quarter Report Assistant Chief Linton shared a presentation that updated the Committee on items of significance that occurred in the Police Department during the third quarter. The information included highlights, crime statistics and crime reduction strategies. He also distributed a staffing updates chart, Seattle Times blog post relating to the guilty pleas by the owners of the Travelers Choice and Great Bear motels, and a map of residential burglary case reports. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 7:15 p.m. Next meeting: Tuesday, November 5, 2013 — 5:30 p.m. — Conference Room #3 Committee Chair Approval Minutes by H, Item F reviewed by SK 24 Finance & Safety Committee Minutes November 5, 2013 - Page 2 current system. While exempting properties with 1 -4 units from the RGRL fee will reduce annual revenue by approximately $11,495, the savings in staff time makes this a cost - effective proposal. Additionally, Code Enforcement staff will have more time to focus on health, safety and maintenance components of rental housing. MAJORITY APPROVAL. FORWARD TO NOVEMBER 18 REGULAR MEETING FOR DISCUSSION UNDER NEW BUSINESS. E. Ordinances: 2014 Property Tax Levy Staff is seeking Council approval of two ordinances: one that would increase the City's Regular Property Tax Levy from 2013, and one that would levy General Taxes. These ordinances are presented to the Council on an annual basis. According to the King County Assessor, the projected assessed value for Tukwila is $4,707,092,379. The allowable levy projected by King County is $14,043,979, representing the maximum 1% increase allowed by law. This is subject to change until the final rate is determined by the County. A levy amount of $14,100,000 is proposed in the draft ordinance and may be adjusted based on that determination. Because the County is now aware that the City has a firemen's pension fund, the City's maximum statutory levy rate is $3.325, pursuant to RCW 27.12.390. This is an increase that gives the City additional capacity for future growth or levy lid lifts. Staff distributed a table indicating actual property tax collection for 2011 -2013 and projections for 2014 -2017. Committee members asked that this table be attached to the information memo for Committee of the Whole discussion. A public hearing is scheduled for November 12, 2013. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. F. Budget Legislation 1) Staff is seeking Council approval of a resolution to adopt the 2014 -2019 Financial Planning Model and Capital Improvement Program (CIP). Drafts of these documents were presented to the Council at a workshop on August 28, and the Utilities and Transportation Committees conducted further review in September. Staff reviewed an attachment to the informational memo that lists all of the changes made to the CIP since it was first proposed in August. Committee members asked clarifying questions of items they considered to be large policy questions, including: Fund 104: Bonding of total $5,965,000.00 for the Boeing Access Road over BNRR Bridge Rehabilitation and Interurban Avenue South projects. Committee members and staff agreed that further review of the City's debt policies in general would be valuable, using this as an example. Fund 301/412: Tukwila 205 Levee, Riverton Creek Flap, and Lower Gilliam projects moved from Parks to Surface Water Fund. This will be reviewed further in Committee of the Whole. Additionally, the Utilities Committee has just forwarded to the Committee of the Whole an ordinance amending the definition of Surface Water Management Conveyance Systems to include dikes, levees, and revetments. 2) Staff is seeking Council approval of an ordinance to amend 'the 2013 Budget. Staff provided an overview of the proposed changes, including new proposals, items over budget, previous Council approvals, revenue backed expenditures, accounting changes, and carryover. A public hearing is scheduled for November 12, 2013. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. G. Ordinance: Ethics Code As follow up to the Committee's requests during the October 22 meeting, City Attorney Shelley Kerslake returned with three options for a proposed Ethics Code applicable to elected and appointed officials and City staff. The first option establishes a 5 member Ethics Board comprised of existing Commission Chairs with adjudication of complaints by the City Council. The second option establishes a 5 member Ethics Board comprised of existing Commission Chairs with adjudication of complaints by the Board itself. The third option establishes an Ethics Board comprised of three new appointees by the Council and two by the Mayor with adjudication of complaints by the Board. The Committee discussed the options, and highlights from that discussion are: 25 Finance & Safety Committee Minutes November 5, 2013 - Page 3 • The Committee asked the City Attorney to insert the phrase "board attorney" throughout but define that to mean City Attorney in the case of complaints against employees and Outside Counsel for complaints against officials. She was also requested to add to the informational memo a summary of fiscal impact which includes a range of costs associated with hiring outside counsel. • The City Attorney clarified that "recommended disposition" means the determination of a violation, not the penalty. • Committee members remain divided on the inclusion of the terms "appearance of impropriety" and "adverse to the interests of the City," and will debate that further in Committee of the Whole. • Training will be provided to members in either board makeup option. This training could occur annually, with a refresher offered when a complaint is made. The Committee agreed to recommend an Ethics Board comprised of existing Commission Chairs with adjudication by the Board as long as there is a strong training component. This recommendation will be dependent on majority approval by members of the five Commissions, and to that end the Committee asked the City Administrator or his designee to present the proposal at forthcoming meetings of those Commissions. If majority approval is not obtained, than the option to create a unique Ethics Board will again be reviewed by the Finance and Safety Committee. III. MISCELLANEOUS Meeting adjourned at 7:16 p.m. Next meeting: Tuesday, November 19, 2013 — 5:30 p.m. — Conference Room #3 Minutes by 1_H 26 Committee Chair Approval Option 1 FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2127 AND 2068, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS;" ADOPTING A NEW TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City adopted a Code of Ethics by Ordinance No. 2068 on November 15, 2004 and amended the same by Ordinance No. 2127 on August 7, 2006; and WHEREAS, the City Council desires to repeal the current Code of Ethics codified in Tukwila Municipal Code Chapter 2.95 and enact a new Tukwila Municipal Code Chapter 2.95 to address issues related to elected officials and to provide for a Board of Ethics; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2127 and 2068, as codified in Tukwila Municipal Code (TMC) Chapter 2.95, "Code of Ethics," are hereby repealed in their entirety. Section 2. New TMC Chapter 2.95, "Code of Ethics," Adopted. A new Tukwila Municipal Code Chapter 2.95, "Code of Ethics," is hereby adopted to read as follows: CHAPTER 2.95 CODE OF ETHICS Sections: 2.95.010 Purpose 2.95.020 Definitions 2.95.030 Prohibited Conduct 2.95.040 Board of Ethics 2.95.0450 Complaint Process 2.95.050 Penalties for Noncompliance 2.95.060 Where to Seek Review W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs Page 1 of 11 27 Section 3. TMC Section 2.95.010 is hereby established to read as follows: 2.95.010 Purpose A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standard of ethics from all of its employees and officials, whether elected, appointed or hired. City officers and employees shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; they shall avoid any improprieties in their roles as public servants, including the appearance of impropriety; and they shall never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.95 be liberally interpreted to accomplish its purpose of protecting the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this Code of Ethics. In interpreting TMC Chapter 2.95, City officers and employees should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington State law, RCW 42.23. Section 4. TMC Section 2.95.020 is hereby established to read as follows: 2.95.020 Definitions As used in TMC Chapter 2.95, these words shall have the following meanings, unless the context clearly indicates otherwise: 1. "Appearance of impropriety" refers to a situation which to a reasonable person without knowledge of the specific circumstances might seem to raise ethical issues. An example of such conduct could be when a person regularly and reliably collects money for his or her employer in his or her personal wallet and later gives it to his or her employer. By putting it in his or her personal wallet, it may look improper and give rise to suspicion. 2. "Adverse to the interests of the City" means taking action which could damage or prejudice the interests of the City or its citizens. 34. "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. 42. "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. 53. "Compensation" means payment in any form, for real or personal property or services of any kind. W: Word Processing \Ordinances\Code of Ethics-Option 1 strike-thru 5-29-14 SK:bjs 28 Page 2 of 11 64. "Gift" means a voluntary transfer of real or personal property of any kind, or the voluntary rendition of services of any kind, without consideration of equal or greater value, but not including any reasonable hosting, including travel-expenses, entertainment, meals, or refreshments expenses incurred furnished in connection with appearances, ceremonies, and occasions reasonably related to official City business, where otherwise permitted by law. 75. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his/her designee. 86. "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, within three degrees of relationship by blood or marriage). 97. "Person" means any individual, or corporation, business or other entity, however constituted, organized or designated. Section 5. TMC Section 2.95.030 is hereby established to read as follows: 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the conduct prohibited in TMC Section 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his/her capacity as a City officer or employee in the making of a contract in which she/he has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase, with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Except, that this prohibition shall not apply where the City officer or employee has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership sufficient for the purpose without counting the vote(s) of the officer(s) having the remote interest. For purposes of TMC Chapter 2.95, a "remote interest" means: a. That of a non-salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; W: Word Processing \Ordinances\Code of Ethics-Option 1 strike-thru 5-29-14 SK:bjs Page 3 of 11 29 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„ 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. W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs 30 Page 4 of 11 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his /her office or position to secure personal benefit, gain or profit, or use his /her position to secure special privileges or exceptions for him /herself, or for the benefit, gain or profit of any other persons. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to negotiate agreements that address the wages, hours, and working conditions of employees of the City. 9. Improper Use of City Personnel Prohibited. No City officer or employee shall employ or use any person under the officer's or employee's official control or direction for the personal benefit, gain or profit of the officer or employee, or another. This section does not apply to off -duty employment relationships, which are mutually negotiated. 10. Improper Use of City Property Prohibited. No City officer or employee shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Use is restricted to such services as are available to the public generally, for the authorized conduct of official City business, and for such purposes and under such conditions as are approved by administrative order of the Mayor; provided, the use of a City vehicle by a City officer or employee participating in a carpooling program established by the City, and for a purpose authorized under such program, shall not be considered a violation of TMC Chapter 2.95 or of any other provision of the TMC Tukwila Municipal Code. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No City officer or employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward or gratuity, for a matter connected with or related to the officer's or employee's services with the City of Tukwila; except this prohibition shall not apply to: a. Attendance of a City officer or employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, or where official attendance by the officer or employee as a City representative is appropriate; b. An award publicly presented in recognition of public service; er c. Any gift valued at $100.00 or less, which cannot reasonably be presumed to influence the vote, action or judgment of the officer or employee, or be considered as part of a reward for action or inaction. -; or d. An employee serving as a representative of a labor organization and /or an employee receiving compensation, gifts, or rewards from a labor organization of which he /she is a member. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former officer or employee shall disclose or use any privileged, confidential or proprietary information gained because of his /her City employment. W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs Page 5 of 11 31 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 subsections 2.95.030(12)(b)(1) and (2), shall not apply to a former officer or employee acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City. Section 6. TMC Section 2.95.040 is hereby established to read as follows: 2.95.040 Board of Ethics A. There is created a Board of Ethics for the City of Tukwila. The purpose of this Board of Ethics is to review ethics complaints for an initial determination of sufficiency before an investigation is initiated and to provide advisory opinions when requested. B. The Board of Ethics shall be composed of five members. The Board shall be comprised of the Chairs of the City's five standing committees — the Planning Commission, the Arts Commission, the Park Commission, the Equity and Diversity Commission and the Civil Service Commission. Should the chair of any commission be unable or unwilling to serve on the Board of Ethics, the most senior member of the commission shall be selected. C. The Chair of the Board shall be elected by the Board members and shall serve as Chair for one year, at which time a new election shall occur. D. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Tukwila Municipal Code. The Board shall adopt procedures consistent with the provisions of the Tukwila Municipal Code governing the conduct of its meetings. The Board shall be supported by outside counsel if the complaint is against an elected official and by the City Attorney's Office if the complaint is against an employee. W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs 32 Page 6 of 11 E. The powers of the Ethics Board include rendering sufficiency determinations as described in TMC Section 2.95.045 and responding to requests from City - elected officials for advisory opinions regarding the application of the Code of Ethics to the prospective conduct of such person. Section 7. TMC Section 2.95.045 is hereby established to read as follows: 2.95.0450 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his /her designee(s): 1. Mayor; er 2. City Attorney 3. City Clerk, 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 Board of Ethics for a sufficiency determination. After reviewing the complaint, the Board may take any of the following actions and inform the complainant, the respondent and the City Attorney or Mayor, as appropriate: 1. Determine that the facts stated in the complaint, even if true, would not constitute a violation of the Code of Ethics. 2. Determine that the facts stated in the complaint, even if true, would not constitute a material violation of the Code of Ethics because any potential violation was inadvertent or minor or has been adequately cured, such that further proceedings on the complaint would not serve the purposes of the Code of Ethics. 3. Make a preliminary determination that the facts stated in the complaint, if true, could potentially constitute a violation of the Code of Ethics such that further proceedings are warranted. D. The Board shall submit a written report with its findings within 10 days of its receipt of the written complaint. The Board's determination of sufficiency is final and binding and no appeal is available. If the Board finds the complaint sufficient, then the complaint shall be investigated as set forth below. E. For all sufficient complaints, the City Attorney_The Mayor shall promptly designate an individual to conduct an investigation of the complaint. However, if the complaint W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs Page 7 of 11 33 DF. Upon receipt of a complaint regarding an elected official or an appointed member of a board or commission, the City Attorney shall forward a confidential memorandum to all Councilmembers informing them that a complaint has been made. €G. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall ;then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is deemed sufficient received by the Mayor, unless an extension is granted in writing by the Mayes -er -City Attorney,-as-appropriate. However, if the complaint is against an elected official, the investigator is to only find facts and make no conclusions regarding whether the Code of Ethics has been violated. A copy of the written investigation findings and conclusions shall be provided to the Mayor or City Attorney. -as aPPfGlariate FH. Within 5 business days of receipt of the investigator's written findings and conclusions, the Mayor or City Attorney, as appropriate, shall forward a copy of the investigation to the Department Head or Mayor, as appropriate, if the complaint is against an employee and to the Council President if the complaint is against an elected official or appointed board or commission member. the complaint. Copies of the - e••• - - - - - . - - - • -*e investigation findings and conclusionsshall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. hearing, pursuant to TMC 2.95.0,10(H), has lapsed and no such hearing has been requested. GI. When the complaint is against an elected official or appointed board or commission member, the investigative findings and conclusions as discussed in TMC Section 2.95.0458(-I), as well as the recommended disposition, shall be placed on the next regularly scheduled Council meeting agenda for discussion and disposition pursuant to TMC Section 2.95.050, by majority vote of the Council., for informational - purges only. HJ. The party complained against may, within 10 business days following the date of athe recommended disposition, which that finds a violation of this Code of Ethics, request in-writing -a formal hearing before the Hearing Examiner. A request for a formal hearing shall be in writing. Except for good cause shown, the hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days from the date the appeal is filed. 4K. Within 30 days after the conclusion of the a formal hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions of law, and his /her order. Copies of the Hearing Examiner's findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. In the case of a complaint against an elected official or appointed board or W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs 34 Page 8 of 11 commission member, the Hearing Examiner's findings vshall be forwarded to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Section 8. TMC Section 2.95.050 is hereby established to read as follows: 2.95.050 Penalties for Noncompliance A. Any person, other than an employee covered by a collective bargaining agreement found by a preponderance of the evidence to have violated any provision of this Code of Ethics; may be subject t one or more of the following penalties: 1. A cease and desist order as to violations of this Code of Ethics; 2. An order to disclose any reports or other documents or information requested, by the Mayor, or as requested by the City Attorney in the event the Mayor is found to have violated any provision of the Codc; 3. An order to pay to the City a civil penalty of up to $1,000.00, where it is determined disciplinary measures are not appropriate under the circumstances; 4. Discipline, up to and including termination or removal from any position whether paid or unpaid, excluding elected positions, only after notice and hearing as provided by law. The pre - disciplinary procedures set forth in the provisions of the Tukwila Municipal Code and applicable personnel policies shall be followed for regular City employees, in the Classified City Service; 5. Exclusion from bidding on City contracts for a period of up to 5 years; and /or 6. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, only if such contract(s) provide for termination in the event of a Code of Ethics violation. B. Any allegation that an employee who is covered by a collective bargaining agreement has violated any provision of this Code of Ethics shall be investigated in accordance with the applicable collective bargaining agreement and Department Policies, Procedures, or General Orders. For any proven violation of this Code of Ethics, an employee may be disciplined up to and including termination in accordance with the applicable collective bargaining agreement. Any such discipline may be appealed in accordance with the applicable collective bargaining agreement or Civil Service Rules. C. If the complaint is against an elected or appointed official, the Council may take any of the following actions by a majority vote of the Council: 1. Admonition. An admonition shall be a verbal non - public statement made by the Council President, or his or her designee, to the individual. The action of the Council shall be final and not subject to further review; W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs Page 9 of 11 35 2. Reprimand. A reprimand shall be administered to the individual by letter. The letter shall be prepared by the Council. The action of the Council shall be final and not subject to further review;- 3. Censure. A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the Council to receive such censure. Notice shall be given at least 20 days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within 5 days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the investigator's recommendation and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the Council shall be final and not subject to further review. If no such request is received, the censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not make any statement in support of or in opposition to or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required; or, 4. Removal. If the individual against whom the complaint has been filed is a member of a City board or commission, the City Council may, by majority vote, remove the individual from such board or commission; provided however, that nothing in this section authorizes the City Council to remove the Mayor and /or a Councilmember from his or her office. Section 9. TMC Section 2.95.060 is hereby established to read as follows: 2.95.060 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the form of a trial de novo in the Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the date of the final written order. The person filing the appeal shall also, within the same 14 days, serve a copy of the notice of appeal on the person who issued the final written order and the City Attorney, or his /her designee, and file an acknowledgment or affidavit of service in the Tukwila Municipal Court. D. Discipline or Removal. If an employee or officer is disciplined or removed from office, then the person disciplined or removed from office may seek whatever remedies may be available at law or in equity. W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs 36 Page 10 of 11 E. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the person excluded may seek whatever remedies exist at law or in equity. F. Termination of Contract(s). If termination of contract(s) is ordered, the person whose contract(s) was /were terminated may seek whatever remedies exist at law or in equity. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Code of Ethics - Option 1 strike -thru 5 -29 -14 SK:bjs Page 11 of 11 37 38 Option 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2127 AND 2068, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS;" ADOPTING A NEW TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City adopted a Code of Ethics by Ordinance No. 2068 on November 15, 2004 and amended the same by Ordinance No. 2127 on August 7, 2006; and WHEREAS, the City Council desires to repeal the current Code of Ethics codified in Tukwila Municipal Code Chapter 2.95 and enact a new Tukwila Municipal Code Chapter 2.95 to address issues related to elected officials and to provide for a Board of Ethics; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2127 and 2068, as codified in Tukwila Municipal Code (TMC) Chapter 2.95, "Code of Ethics," are hereby repealed in their entirety. Section 2. New TMC Chapter 2.95, "Code of Ethics," Adopted. A new Tukwila Municipal Code Chapter 2.95, "Code of Ethics," is hereby adopted to read as follows: CHAPTER 2.95 CODE OF ETHICS Sections: 2.95.010 Purpose 2.95.020 Definitions 2.95.030 Prohibited Conduct 2.95.040 Board of Ethics 2.95.0450 Complaint Process 2.95.050 Penalties for Noncompliance 2.95.060 Where to Seek Review W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs Page 1 of 12 39 Section 3. TMC Section 2.95.010 is hereby established to read as follows: 2.95.010 Purpose A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standard of ethics from all of its employees and officials, whether elected, appointed or hired. City officers and employees shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; they shall avoid any improprieties in their roles as public servants, including the appearance of impropriety; and they shall never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.95 be liberally interpreted to accomplish its purpose of protecting the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this Code of Ethics. In interpreting TMC Chapter 2.95, City officers and employees should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington State law, RCW 42.23. Section 4. TMC Section 2.95.020 is hereby established to read as follows: 2.95.020 Definitions As used in TMC Chapter 2.95, these words shall have the following meanings, unless the context clearly indicates otherwise: 1. "Appearance of impropriety" refers to a situation which to a reasonable person without knowledge of the specific circumstances might seem to raise ethical issues. An example of such conduct could be when a person regularly and reliably collects money for his or her employer in his or her personal wallet and later gives it to his or her employer. By putting it in his or her personal wallet, it may look improper and give rise to suspicion. 2. "Adverse to the interests of the City" means taking action which could damage or prejudice the interests of the City or its citizens. 34. "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. 42. "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. 53. "Compensation" means payment in any form, for real or personal property or services of any kind. W: Word Processing\Ordinances\Code of Ethics-Option 2 strike-thru 5-29-14 SK:bjs 40 Page 2 of 12 64. "Gift" means a voluntary transfer of real or personal property of any kind, or the voluntary rendition of services of any kind, without consideration of equal or greater value, but not including any reasonable hosting, including travel-expenses, entertainment, meals, or refreshments expenses incurred furnished in connection with appearances, ceremonies, and occasions reasonably related to official City business, where otherwise permitted by law. 75. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his/her designee. 86. "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, lag., within three degrees of relationship by blood or marriage). 97. "Person" means any individual, or corporation, business or other entity, however constituted, organized or designated. Section 5. TMC Section 2.95.030 is hereby established to read as follows: 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the conduct prohibited in TMC Section 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his/her capacity as a City officer or employee in the making of a contract in which she/he has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase, with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Except, that this prohibition shall not apply where the City officer or employee has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership sufficient for the purpose without counting the vote(s) of the officer(s) having the remote interest. For purposes of TMC Chapter 2.95, a "remote interest" means: a. That of a non-salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; W: Word Processing \Ordinances\Code of Ethics-Option 2 strike-thru 5-29-14 SK:bjs Page 3 of 12 41 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 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. W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs 42 Page 4 of 12 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his /her office or position to secure personal benefit, gain or profit, or use his /her position to secure special privileges or exceptions for him /herself, or for the benefit, gain or profit of any other persons. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to negotiate agreements that address the wages, hours, and working conditions of employees of the City. 9. Improper Use of City Personnel Prohibited. No City officer or employee shall employ or use any person under the officer's or employee's official control or direction for the personal benefit, gain or profit of the officer or employee, or another. This section does not apply to off-duty employment relationships, which are mutually negotiated. 10. Improper Use of City Property Prohibited. No City officer or employee shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Use is restricted to such services as are available to the public generally, for the authorized conduct of official City business, and for such purposes and under such conditions as are approved by administrative order of the Mayor; provided, the use of a City vehicle by a City officer or employee participating in a carpooling program established by the City, and for a purpose authorized under such program, shall not be considered a violation of TMC Chapter 2.95 or of any other provision of the TMC Tukwila Municipal Code. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No City officer or employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward or gratuity, for a matter connected with or related to the officer's or employee's services with the City of Tukwila; except this prohibition shall not apply to: a. Attendance of a City officer or employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, or where official attendance by the officer or employee as a City representative is appropriate; b. An award publicly presented in recognition of public service; or c. Any gift valued at $100.00 or less, which cannot reasonably be presumed to influence the vote, action or judgment of the officer or employee, or be considered as part of a reward for action or inaction - 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. W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs Page 5 of 12 43 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 subsections 2.95.030(12)(b)(1) and (2), shall not apply to a former officer or employee acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City. Section 6. TMC Section 2.95.040 is hereby established to read as follows: 2.95.040 Board of Ethics A. There is created a Board of Ethics for the City of Tukwila. The purpose of this Board of Ethics is to review ethics complaints for an initial determination of sufficiency before an investigation is initiated, adjudicate ethics complaints against elected and appointed officials and provide advisory opinions for elected officials, when requested. B. The Board of Ethics shall be composed of five members. The Board shall be comprised of the Chairs of the City's five standing committees — the Planning Commission, the Arts Commission, the Park Commission, the Equity and Diversity Commission and the Civil Service Commission. Should the chair of any commission be unable or unwilling to serve on the Board of Ethics, the most senior member of the commission shall be selected. C. The Chair of the Board shall be elected by the Board Members and shall serve as Chair for one year, at which time a new election shall occur. D. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Tukwila Municipal Code. The Board shall adopt procedures consistent with the provisions of the Tukwila Municipal Code governing the conduct of its meetings. The Board shall be supported by outside counsel if the complaint is against an elected official and by the City Attorney's Office if the complaint is against an employee. W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs 44 Page 6 of 12 E. The powers of the Ethics Board include rendering sufficiency determinations as described in TMC Section 2.95.045, adjudicating ethics complaints against elected and appointed officials and responding to requests from City - elected officials for advisory opinions regarding the application of the Code of Ethics to the prospective conduct of such person. Section 7. TMC Section 2.95.045 is hereby established to read as follows: 2.95.0450 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his /her designee(s): 1 Mayor; or 2. City Attorney 3. City Clerk, B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Mayor.to the Board of Ethics for a sufficiency determination. After reviewing the complaint, the Board may take any of the following actions and inform the complainant, the respondent and the City Attorney or Mayor, as appropriate: 1. Determine that the facts stated in the complaint, even if true, would not constitute a violation of the Code of Ethics. 2. Determine that the facts stated in the complaint, even if true, would not constitute a material violation of the Code of Ethics because any potential violation was inadvertent or minor or has been adequately cured, such that further proceedings on the complaint would not serve the purposes of the Code of Ethics. 3. Make a preliminary determination that the facts stated in the complaint, if true, could potentially constitute a violation of the Code of Ethics such that further proceedings are warranted. D. The Board shall submit a written report with its findings within 10 days of its receipt of the written complaint. The Board's determination of sufficiency is final and binding and no appeal is available. If the Board finds the complaint sufficient, then the complaint shall be investigated as set forth below. E. For all sufficient complaints, the City Attorney_The Mayor shall promptly designate an individual to conduct an investigation of the complaint. However, if the complaint complaint has an obligation to promptly forward the complaint, in writing, to the City Attorney, who shall dcsignatc an individual to conduct an investigate W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs Page 7 of 12 45 UF. Upon receipt of a complaint regarding an elected official or an appointed member of a board or commission, the City Attorney shall forward a confidential memorandum to all Councilmembers informing them that a complaint has been made. €G. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall ; then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is deemed sufficient received by the Mayor, unless an extension is granted in writing by the Mayor or City Attorney, . A copy of the written investigation findings and conclusions shall be provided to the Mayor or City Attorney.-as appropriate FH. Within 5 business days of receipt of the investigator's written findings and conclusions, the Mayor or City Attorney, as appropriate, shall forward a copy of the investigation to the Department Head or Mayor, as appropriate, if the complaint is against an employee and to the Chair of the Ethics Board, if the complaint is against an elected official or appointed board or commission member. disposition of the complaint. Copies of the recommended disposition and 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 . . e disposition, requesting a formal hearing, pursuant to TMC 2.95.0/10(H), has lapsed and no such GI. When the complaint is against an elected official or appointed board or commission member, the investigative findings and conclusions as discussed in TMC Section 2.95.0450(H), as well as the recommended disposition, shall be forwarded to the Chair of the Ethics Board. Within 10 business days of receipt of the investigator's report, the Board shall convene and review the complaint, findings, conclusions and recommended disposition. As soon as practicable after giving due consideration to the complaint, the Board shall take any action or combination of actions that it deems appropriate and for which it is lawfully empowered to take including, but not limited to, the following: placed on the next regularly scheduled Council meeting agenda, for informational purposes only. 1. Determine that no violation of the Code of Ethics has occurred. 2. Determine that a violation of the Code of Ethics has occurred. 3. If the Board determines that it needs more information to make a determination as to whether the Code of Ethics has been violated, it may convene a hearing to take such additional evidence as required by the Board. The scope of evidence requested by the Board should be strictly construed. At such hearing, the Board may call additional witnesses or consider additional documentary evidence. After final deliberations on the investigator's findings, as well as any additional testimony, statements, or documents presented at the hearing, the Board shall determine whether or not a violation of the Code of Ethics has occurred. W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs 46 Page 8 of 12 4. After the Board has made its final determination under TMC Section 2.95.045, subsection I, (1), (2) or (3), the Board shall issue its written findings of fact and conclusions of law, along with its recommended disposition, if applicable. The Board's conclusions shall be based on the preponderance of evidence standard. The Board may recommend and the City Council may impose upon any elected or appointed official the penalties set forth in TMC Section 2.95.050. 5. Copies of the written findings of fact, conclusions and recommended disposition of the Board shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies shall be forwarded to the investigator, the City Attorney (or independent legal counsel), and the City Council for matters involving a City - elected official, a commission member or board member. J. Ex Parte Communications. After a complaint has been filed and during the pendency of a complaint before the Board, no member of the Board may communicate directly or indirectly with any party or other person about any issue or fact or law regarding the complaint, except that members of the Board may obtain legal advice with the assigned independent outside counsel. 11K. The party complained against may, within 10 business days following the date of athe recommended disposition, which that finds a violation of this Code of Ethics, request ifl—writi-ng—a formal hearing before the Hearing Examiner. A request for a formal hearing shall be in writing. Except for good cause shown, the hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days from the date the appeal is filed. IL. Within 30 days after the conclusion of the-a formal hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions of law, and his /her order. Copies of the Hearing Examiner's findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. In the case of a complaint against an elected official or appointed board or commission member, the Hearing Examiner's findings will-shall be forwarded to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Section 8. TMC Section 2.95.050 is hereby established to read as follows: 2.95.050 Penalties for Noncompliance A. Any person, other than an employee covered by a collective bargaining agreement., found by a preponderance of the evidence to have violated any provision of this Code of Ethics, may be subject to any or a combination of the following penalties: W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs Page 9 of 12 47 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 procedures set forth in the provisions of the Tukwila Municipal Code and applicable personnel policies shall be followed for regular City employees, in the Classified City Service; 5. Exclusion from bidding on City contracts for a period of up to 5 years; and /or 6. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, only if such contract(s) provide for termination in the event of a Code of Ethics violation. B. Any allegation that an employee who is covered by a collective bargaining agreement has violated any provision of this Code of Ethics shall be investigated in accordance with the applicable collective bargaining agreement and Department Policies, Procedures, or General Orders. For any proven violation of this Code of Ethics, an employee may be disciplined up to and including termination in accordance with the applicable collective bargaining agreement. Any such discipline may be appealed in accordance with the applicable collective bargaining agreement or Civil Service Rules. C. If the complaint is against an elected or appointed official, the Council may take any of the following actions by a majority vote of the Council: 1. Admonition. An admonition shall be a verbal non - public statement made by the Council President, or his or her designee, to the individual. The action of the Council shall be final and not subject to further review; 2. Reprimand. A reprimand shall be administered to the individual by letter. The letter shall be prepared by the Council. The action of the Council shall be final and not subject to further review;. - 3. Censure. A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the Council to receive such censure. Notice shall be given at least 20 days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within 5 days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the investigator's recommendation and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the Council shall be final and not subject to further review. If no such request is received, the W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs 48 Page 10 of 12 censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not make any statement in support of or in opposition to or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required; or 4. Removal. If the individual against whom the complaint has been filed is a member of a City board or commission, the City Council may, by majority vote, remove the individual from such board or commission; provided however, that nothing in this section authorizes the City Council to remove the Mayor and /or a Councilmember from his or her office. Section 9. TMC Section 2.95.060 is hereby established to read as follows: 2.95.060 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the form of a trial de novo in the Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the date of the final written order. The person filing the appeal shall also, within the same 14 days, serve a copy of the notice of appeal on the person who issued the final written order and the City Attorney, or his /her designee, and file an acknowledgment or affidavit of service in the Tukwila Municipal Court. D. Discipline or Removal. If an employee or officer is disciplined or removed from office, then the person disciplined or removed from office may seek whatever remedies may be available at law or in equity. E. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the person excluded may seek whatever remedies exist at law or in equity. F. Termination of Contract(s). If termination of contract(s) is ordered, the person whose contract(s) was /were terminated may seek whatever remedies exist at law or in equity. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs Page 11 of 12 49 Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Code of Ethics - Option 2 strike -thru 5 -29 -14 SK:bjs 50 Page 12 of 12 Option 3 AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2127 AND 2068, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS;" ADOPTING A NEW TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City adopted a Code of Ethics by Ordinance No. 2068 on November 15, 2004 and amended the same by Ordinance No. 2127 on August 7, 2006; and WHEREAS, the City Council desires to repeal the current Code of Ethics codified in Tukwila Municipal Code Chapter 2.95 and enact a new Tukwila Municipal Code Chapter 2.95 to address issues related to elected officials and to provide for a Board of Ethics; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2127 and 2068, as codified in Tukwila Municipal Code (TMC) Chapter 2.95, "Code of Ethics," are hereby repealed in their entirety. Section 2. New TMC Chapter 2.95, "Code of Ethics," Adopted. A new Tukwila Municipal Code Chapter 2.95, "Code of Ethics," is hereby adopted to read as follows: CHAPTER 2.95 CODE OF ETHICS Sections: 2.95.010 Purpose 2.95.020 Definitions 2.95.030 Prohibited Conduct 2.95.040 Board of Ethics 2.95.0450 Complaint Process 2.95.050 Penalties for Noncompliance 2.95.060 Where to Seek Review W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs Page 1 of 12 51 Section 3. TMC Section 2.95.010 is hereby established to read as follows: 2.95.010 Purpose A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standard of ethics from all of its employees and officials, whether elected, appointed or hired. City officers and employees shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; they shall avoid any improprieties in their roles as public servants, including the appearance of impropriety; and they shall never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.95 be liberally interpreted to accomplish its purpose of protecting the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this Code of Ethics. In interpreting TMC Chapter 2.95, City officers and employees should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington State law, RCW 42.23. Section 4. TMC Section 2.95.020 is hereby established to read as follows: 2.95.020 Definitions As used in TMC Chapter 2.95, these words shall have the following meanings, unless the context clearly indicates otherwise: 1. "Appearance of impropriety" refers to a situation which to a reasonable person without knowledge of the specific circumstances might seem to raise ethical issues. An example of such conduct could be when a person regularly and reliably collects money for his or her employer in his or her personal wallet and later gives it to his or her employer. By putting it in his or her personal wallet, it may look improper and give rise to suspicion. 2. "Adverse to the interests of the City" means taking action which could damage or prejudice the interests of the City or its citizens. 34. "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. 42. "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. 53. "Compensation" means payment in any form, for real or personal property or services of any kind. W: Word Processing \Ordinances\Code of Ethics-Option 3 strike-thru 5-29-14 SK:bjs 52 Page 2 of 12 64. "Gift" means a voluntary transfer of real or personal property of any kind, or the voluntary rendition of services of any kind, without consideration of equal or greater value, but not including any reasonable hosting, including travel-expenses, entertainment, meals, or refreshments expenses incurred fufnisheei—in connection with appearances, ceremonies, and occasions reasonably related to official City business, where otherwise permitted by law. 7-5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his/her designee. 86. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within three generations by blood or marriage of the person or the person's spouse; fe.g., within three degrees of relationship by blood or marriage). 97. "Person" means any individual, or corporation, business or other entity, however constituted, organized or designated. Section 5. TMC Section 2.95.030 is hereby established to read as follows: 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the conduct prohibited in TMC Section 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his/her capacity as a City officer or employee in the making of a contract in which she/he has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase, with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Except, that this prohibition shall not apply where the City officer or employee has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership sufficient for the purpose without counting the vote(s) of the officer(s) having the remote interest. For purposes of TMC Chapter 2.95, a "remote interest" means: a. That of a non-salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; W: Word Processing \Ordinances\Code of Ethics-Option 3 strike-thru 5-29-14 SK:bjs Page 3 of 12 53 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 MAC 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. W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs 54 Page 4 of 12 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his /her office or position to secure personal benefit, gain or profit, or use his /her position to secure special privileges or exceptions for him /herself, or for the benefit, gain or profit of any other persons. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to negotiate agreements that address the wages, hours, and working conditions of employees of the City. 9. Improper Use of City Personnel Prohibited. No City officer or employee shall employ or use any person under the officer's or employee's official control or direction for the personal benefit, gain or profit of the officer or employee, or another. This section does not apply to off -duty employment relationships, which are mutually negotiated. 10. Improper Use of City Property Prohibited. No City officer or employee shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Use is restricted to such services as are available to the public generally, for the authorized conduct of official City business, and for such purposes and under such conditions as are approved by administrative order of the Mayor; provided, the use of a City vehicle by a City officer or employee participating in a carpooling program established by the City, and for a purpose authorized under such program, shall not be considered a violation of TMC Chapter 2.95 or of any other provision of the TMC Tukwila Municipal Code. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No City officer or employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward or gratuity, for a matter connected with or related to the officer's or employee's services with the City of Tukwila; except this prohibition shall not apply to: a. Attendance of a City officer or employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, or where official attendance by the officer or employee as a City representative is appropriate; b. An award publicly presented in recognition of public service; or c. Any gift valued at $100.00 or less, which cannot reasonably be presumed to influence the vote, action or judgment of the officer or employee, or be considered as part of a reward for action or inaction, -; or d. An employee serving as a representative of a labor organization and /or an employee receiving compensation, gifts, or rewards from a labor organization of which he /she is a member. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former officer or employee shall disclose or use any privileged, confidential or proprietary information gained because of his /her City employment. W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs Page 5 of 12 55 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 subsections 2.95.030(12)(b)(1) and (2), shall not apply to a former officer or employee acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City. Section 6. TMC Section 2.95.040 is hereby established to read as follows: 2.95.040 Board of Ethics A. There is created a Board of Ethics for the City of Tukwila. The purpose of this Board of Ethics is to review ethics complaints for an initial determination of sufficiency before an investigation is initiated, adjudicate ethics complaints against elected and appointed officials and provide advisory opinions for elected officials, when requested. B. The Board of Ethics shall be composed of five members, two to be appointed by the Mayor and three to be appointed by the City Council. The terms of the Board members shall be three years. The first three members shall be appointed for one, two and three year terms respectively. C. Board member qualifications. Board members should be selected on the basis of their concern for the welfare of the City, their interest in ethical matters, and their reputation in the community and among their peers for integrity and mature judgment. Experience in adjudication and /or ethics review is preferred. In filling a vacancy or making a nomination for membership on the Board of Ethics, the Mayor and Council shall strive to select persons with diverse perspectives and areas of expertise appropriate to the review of ethical matters. For proposed nominees who are nonresidents, the Mayor or Council shall state the reasons that contributed to the decision to nominate a nonresident, including, but not limited to, particular expertise of the person to review ethics matters and /or a desire to have a person or persons serve on the Board who, as a nonresident, is less likely to have some personal, social or business relationship with whomever may be the subject of an ethics complaint. W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs 56 Page 6 of 12 D. The Chair of the Board shall be elected by the Board members and shall serve as Chair for one year, at which time a new election shall occur. E. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Tukwila Municipal Code. The Board shall adopt procedures consistent with the provisions of the Tukwila Municipal Code governing the conduct of its meetings. The Board shall be supported by outside counsel if the complaint is against an elected official and by the City Attorney's Office if the complaint is against an employee. F. The powers of the Ethics Board include rendering sufficiency determinations as described in TMC Section 2.95.045, adjudicating ethics complaints against elected and appointed officials and responding to requests from City- elected officials for advisory opinions regarding the application of the Code of Ethics to the prospective conduct of such person. Section 7. TMC Section 2.95.045 is hereby established to read as follows: 2.95.0450 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his /her designee(s): 1. Mayor; of 2. City Attorney 3. City Clerk, B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Mayor.to the Board of Ethics for a sufficiency determination. After reviewing the complaint, the Board may take any of the following actions and inform the complainant, the respondent and the City Attorney or Mayor, as appropriate: 1. Determine that the facts stated in the complaint, even if true, would not constitute a violation of the Code of Ethics. 2. Determine that the facts stated in the complaint, even if true, would not constitute a material violation of the Code of Ethics because any potential violation was inadvertent or minor or has been adequately cured, such that further proceedings on the complaint would not serve the purposes of the Code of Ethics. 3. Make a preliminary determination that the facts stated in the complaint, if true, could potentially constitute a violation of the Code of Ethics such that further proceedings are warranted. W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs Page 7 of 12 57 D. The Board shall submit a written report with its findings within 10 days of its receipt of the written complaint. The Board's determination of sufficiency is final and binding and no appeal is available. If the Board finds the complaint sufficient, then the complaint shall be investigated as set forth below. E. For all sufficient complaints, the City Attorney_The Mayor shall promptly designate an individual to conduct an investigation of the complaint. However, if the complaint complaint has an obligation to promptly forward the complaint, in writing, to the City Attorney, who shall designate an individual to conduct an investigation. 9F. Upon receipt of a complaint regarding an elected official or an appointed member of a board or commission, the City Attorney shall forward a confidential memorandum to all Councilmembers informing them that a complaint has been made. €G. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall ;then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is deemed sufficient received by the Mayor, unless an extension is granted in writing by the Mayor or City Attorney, . A copy of the written investigation findings and conclusions shall be provided to the Mayor or -City Attorney. as aPlarePriate €H. Within 5 business days of receipt of the investigator's written findings and conclusions, the Mayor or City Attorney, as appropriate, shall forward a copy of the investigation to the Department Head or Mayor, as appropriate, if the complaint is against an employee and to the Chair of the Ethics Board if the complaint is against an elected official or appointed board or commission member.prepare a written recommended disposition of the complaint. Copies of the recommended disposition and 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 disposition. The recommended disposition shall not be implemented until the time for requesting a formal hearing, pursuant to TMC 2.95.010(H), has lapsed and no such GI. When the complaint is against an elected official or appointed board or commission member, the investigative findings and conclusions as discussed in TMC Section 2.95.0450(H), as well as the recommended disposition, shall be forwarded to the Chair of the Ethics Board. Within 10 business days of receipt of the investigator's report, the Board shall convene and review the complaint, findings, conclusions and recommended disposition. As soon as practicable after giving due consideration to the complaint, the Board shall take any action or combination of actions which it deems appropriate and for which it is lawfully empowered to take including, but not limited to, the following: placed on the next regularly scheduled Council meeting agenda, for W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs 58 Page 8 of 12 1. Determine that no violation of the Code of Ethics has occurred. 2. Determine that a violation of the Code of Ethics has occurred. 3. If the Board determines that it needs more information to make a determination as to whether the Code of Ethics has been violated, it may convene a hearing to take such additional evidence as required by the Board. The scope of evidence requested by the Board should be strictly construed. At such hearing, the Board may call additional witnesses or consider additional documentary evidence. After final deliberations on the investigator's findings, as well as any additional testimony, statements, or documents presented at the hearing, the Board shall determine whether or not a violation of the Code of Ethics has occurred. 4. After the Board has made its final determination under TMC Section 2.95.045, subsection I, (1), (2) or (3), the Board shall issue its written findings of fact and conclusions of law, along with its recommended disposition, if applicable. The Board's conclusions shall be based on the preponderance of evidence standard. The Board may recommend and the City Council may impose upon any elected or appointed official the penalties set forth in TMC Section 2.95.050. 5. Copies of the written findings of fact, conclusions and recommended disposition of the Board shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies shall be forwarded to the investigator, the City Attorney (or independent legal counsel), and the City Council for matters involving a City - elected official, a commission member or board member. J. Ex Parte Communications. After a complaint has been filed and during the pendency of a complaint before the Board, no member of the Board may communicate directly or indirectly with any party or other person about any issue or fact or law regarding the complaint, except that members of the Board may obtain legal advice with the assigned independent outside counsel. MK. The party complained against may, within 10 business days following the date of athe recommended disposition, whish that finds a violation of this Code of Ethics, request in writing a formal hearing before the Hearing Examiner. A request for a formal hearing shall be in writing. Except for good cause shown, the hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days from the date the appeal is filed. IL. Within 30 days after the conclusion of tea formal hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions of law, and his /her order. Copies of the Hearing Examiner's findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. In the case of a complaint against an elected official or appointed board or commission member, the Hearing Examiner's findings will-shall be forwarded to the City Council and placed on the next regularly scheduled Council meeting agenda, for W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs Page 9 of 12 59 informational purposes only. Section 8. TMC Section 2.95.050 is hereby established to read as follows: 2.95.050 Penalties for Noncompliance A. Any person, other than an employee covered by a collective bargaining agreement found by a preponderance of the evidence to have violated any provision of this Code of Ethics, may be subject to any or a 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 3. An order to pay to the City a civil penalty of up to $1,000.00, where it is determined disciplinary measures are not appropriate under the circumstances; 4. Discipline, up to and including termination or removal from any position whether paid or unpaid, excluding elected positions, only after notice and hearing as provided by law. The pre - disciplinary procedures set forth in the provisions of the Tukwila Municipal Code and applicable personnel policies shall be followed for regular City employees, in the Classified City Service; 5. Exclusion from bidding on City contracts for a period of up to 5 years; and /or 6. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, only if such contract(s) provide for termination in the event of a Code of Ethics violation. B. Any allegation that an employee who is covered by a collective bargaining agreement has violated any provision of this Code of Ethics shall be investigated in accordance with the applicable collective bargaining agreement and Department Policies, Procedures, or General Orders. For any proven violation of this Code of Ethics, an employee may be disciplined up to and including termination in accordance with the applicable collective bargaining agreement. Any such discipline may be appealed in accordance with the applicable collective bargaining agreement or Civil Service Rules. C. If the complaint is against an elected or appointed official, the Council may take any of the following actions by a majority vote of the Council: 1. Admonition. An admonition shall be a verbal non - public statement made by the Council President, or his or her designee, to the individual. The action of the Council shall be final and not subject to further review; 2. Reprimand. A reprimand shall be administered to the individual by letter. The letter shall be prepared by the Council. The action of the Council shall be final and not subject to further review;- W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs 60 Page 10 of 12 3. Censure. A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the Council to receive such censure. Notice shall be given at least 20 days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within 5 days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the investigator's recommendation and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the Council shall be final and not subject to further review. If no such request is received, the censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not make any statement in support of or in opposition to or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required; or 4. Removal. If the individual against whom the complaint has been filed is a member of a City board or commission, the City Council may, by majority vote, remove the individual from such board or commission; provided however, that nothing in this section authorizes the City Council to remove the Mayor and /or a Councilmember from his or her office. Section 9. TMC Section 2.95.060 is hereby established to read as follows: 2.95.060 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the form of a trial de novo in the Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the date of the final written order. The person filing the appeal shall also, within the same 14 days, serve a copy of the notice of appeal on the person who issued the final written order and the City Attorney, or his /her designee, and file an acknowledgment or affidavit of service in the Tukwila Municipal Court. D. Discipline or Removal. If an employee or officer is disciplined or removed from office, then the person disciplined or removed from office may seek whatever remedies may be available at law or in equity. E. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the person excluded may seek whatever remedies exist at law or in equity. W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs Page 11 of 12 61 F. Termination of Contract(s). If termination of contract(s) is ordered, the person whose contract(s) was /were terminated may seek whatever remedies exist at law or in equity. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Code of Ethics - Option 3 strike -thru 5 -29 -14 SK:bjs 62 Page 12 of 12