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HomeMy WebLinkAboutFS 2014-07-08 Item 2E - Ordinances - Ethics Code AmendmentsCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator Shelley Kerslake, City Attorney DATE: June 18, 2014 SUBJECT: Creating Tukwila Municipal Code 2.97 — Code of Ethics for Elected Officials and Amending Tukwila Municipal Code 2.95 — Code of Ethics ISSUE Creating a Code of Ethics for Elected Officials that also creates a City Board of Ethics. DISCUSSION After further discussion on June 17, 2014, the Committee decided to move forward with Option 1 (detailed below) which creates Tukwila Municipal Code Chapter 2.97 — Code of Ethics for Elected Officials. Chapter 2.95 Code of Ethics will be amended to no longer apply to elected officials. Committee members asked about training for the Board of Ethics members and were informed that the City Attorney's office would provide training to the board members. There was also discussion about providing independent counsel to advise the Board during the process and a request to determine criteria for how independent counsel would be assigned. BACKGROUND At the Finance and Safety Committee meetings of October 8, October 22 and November 5, 2013, June 3, and June 17, 2014 the Committee discussed amending the City's Ethics Code. At the June 17, 2014 committee meeting three ordinances were reviewed and discussed. Option 1: Creates Chapter 2.97 Code of Ethics for Elected Officials and with the creation of an Ethics Board comprised of the chair or designee from each 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. Option 2: Creates Chapter 2.97 Code of Ethics for Elected Officials and with the creation comprised of the chair or designee from each 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. Ordinance 3 amends Chapter 2.95 Code of Ethics to no longer apply to elected officials. 51 INFORMATIONAL MEMO Page 2 At the June 3, 2014 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 where the Board would make an initial determination of complaint sufficiency and if sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact but will not draw any conclusions. The Board will forward the findings of fact to the Council and the Council will then determine whether an ethics violation has occurred and render the appropriate penalty, if necessary; 2. Creation of an Ethics Board comprised of the chairs of the City's current commissions where the Board would make an initial determination of complaint sufficiency and if 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 make a determination and draft a recommendation to the Council related to the recommended disposition; and 3. Creation of an Ethics Board appointed by the Mayor and Council. Over the course of the past few months, Mayor's office staff members met with the Arts Commission, Civil Service Commission, Equity and Diversity Commission, Park Commission, and Planning Commission to share information regarding an ordinance amendment that would create an Ethics Board comprised of the Commission chairs. After detailed discussions, most commission members were supportive of the proposal to establish a Board of Ethics comprised of current Commission members. 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? After reviewing the three options Committee members rejected creating a new City Board. The Committee members also indicated that they would like to further consider the role and duties of the Board of Ethics and asked that options 1 and 2 be revised to apply only to elected officials and add language that the member can be a Commission Chair `or designee" and return to Finance and Safety for further discussion. FINANCIAL IMPACT None. RECOMMENDATION The Council is being asked to forward these items, to a Committee of the Whole meeting for discussion and a subsequent Regular Meeting for adoption. ATTACHMENTS Informational Memorandum dated June 18, 2014 with track changes Minutes from the Finance and Safety Committee Meeting of 06/17/14 52 INFORMATIONAL MEMO Page 3 Minutes from the Finance and Minutes from the Finance and Minutes from the Finance and Minutes from the Finance and Ordinances Safety Committee Meeting of 06/03/14 Safety Committee Meeting of 11/05/13 Safety Committee Meeting of 10/22/13 Safety Committee Meeting of 10/08/13 53 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator Shelley Kerslake, City Attorney DATE: June 18, 2014 SUBJECT: Creating Tukwila Municipal Code 2.97 — Code of Ethics for Elected Officials and Amending Tukwila Municipal Code 2.95 — Code of Ethics ISSUE Creating a Code of Ethics for Elected Officials that also creates a City Board of Ethics. DISCUSSION After further discussion on June 17, 2014, the Committee decided to move forward with Option 1 (detailed below) which creates Tukwila Municipal Code Chapter 2.97 — Code of Ethics for Elected Officials. Chapter 2.95 - Code of Ethics will be amended to no longer apply to elected officials. Committee members asked about training for the Board of Ethics members and were informed that the City Attorney's office would provide training to the board members. There was also discussion about providing independent counsel to advise the Board during the process and a request to determine criteria for how independent counsel would be assigned. BACKGROUND At the Finance and Safety Committee meetings of October 8, October 22 and November 5, 2013, June 3, and June 17, 2014 the Committee discussed amending the City's Ethics Code. At the June 17, 2014 committee meeting three ordinances were reviewed and discussed. Option 1: Creates Chapter 2.97 Code of Ethics for Elected Officials and with the creation of an Ethics Board comprised of the chair or designee from each 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. Option 2: Creates Chapter 2.97 Code of Ethics for Elected Officials and with the creation comprised of the chair or designee from each 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. Ordinance 3 amends Chapter 2.95 Code of Ethics to no longer apply to elected officials. 55 INFORMATIONAL MEMO Page 2 At the June 3, 2014 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 where the Board would make an initial determination of complaint sufficiency and if sufficient, the Board will cause an investigation to be completed. The investigator will make findings of fact but will not draw any conclusions. The Board will forward the findings of fact to the Council and the Council will then determine whether an ethics violation has occurred and render the appropriate penalty, if necessary; 2. Creation of an Ethics Board comprised of the chairs of the City's current commissions where the Board would make an initial determination of complaint sufficiency and if 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 make a determination and draft a recommendation to the Council related to the recommended disposition; and 3. Creation of an Ethics Board appointed by the Mayor and Council. Over the course of the past few months, Mayor's office staff members met with the Arts Commission, Civil Service Commission, Equity and Diversity Commission, Park Commission, and Planning Commission to share information regarding an ordinance amendment that would create an Ethics Board comprised of the Commission chairs. After detailed discussions, most commission members were supportive of the proposal to establish a Board of Ethics comprised of current Commission members. 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? After reviewing the three options Committee members rejected creating a new City Board. The Committee members also indicated that they would like to further consider the role and duties of the Board of Ethics and asked that options 1 and 2 be revised to apply only to elected officials and add language that the member can be a Commission Chair "or designee" and return to Finance and Safety for further discussion. FINANCIAL IMPACT None. RECOMMENDATION The Council is being asked to forward these items, to a Committee of the Whole meeting for discussion and a subsequent Regular Meeting for adoption. ATTACHMENTS Informational Memorandum dated June 18, 2014 with track changes Minutes from the Finance and Safety Committee Meeting of 06/17/14 56 INFORMATIONAL MEMO Page 3 Minutes from the Finance and Safety Committee Meeting of 06/03/14 Minutes from the Finance and Safety Committee Meeting of 11/05/13 Minutes from the Finance and Safety Committee Meeting of 10/22/13 Minutes from the Finance and Safety Committee Meeting of 10/08/13 Ordinances 57 Finance & Safety Committee Minutes June 17, 2014 — Page 2 • Eligibility of City Employee Relatives: The Committee decided to discuss this again and concluded that they would not like to exclude relatives of City employees or officials. They requested that staff add a procedure to the selection process that would prohibit an employee or official from scoring a candidate with whom they are related. Staff will develop a framework that addresses this request for further Committee consideration. RETURN TO FINANCE AND SAFETY COMMITTEE. C. 2014 1st Quarter Cash and Investment Report Staff reviewed the 1st Quarter Cash and Investment Report for 2014, including information on the City's portfolio components, performance, policy compliance and liquidity analysis, fund cash and investment balances, and investment environment. At March 31, 2014, the portfolio totaled $44.7 million comprised of $37.8 million in cash and cash equivalents and $6.9 in longer term investments. This represents a $1.8 million decrease from the December 31, 2013 balance, attributable to the collection of property taxes in the 2nd and 4th quarters. INFORMATION ONLY. D. 2014 1st Quarter Sales Tax Miscellaneous Revenue Report Staff presented the 2014 1st Quarter Miscellaneous Revenue Report. Information detailed in the staff report includes Sales tax revenues are down by $87,000 below the same period in 2013, and new construction sales tax was $92,000 lower. The City has collected $238,066 in sales tax mitigation as of March 31, 2014. This is 24% of the annual mitigation budget. INFORMATION ONLY. E. Ordinance: Creating Tukwila Municipal Code Chapter 2.97 — Code of Ethics Several iterations of a process to address allegations of ethics violations by elected officials have been discussed in Committee since 2013. At its June 3 meeting, the Committee decided to move forward with the creation of an Ethics Board made up of the Chairs or Chair's designee of the City's existing five Commissions, but they asked to have further review of the role of that board. They decided to retain the current Ethics Code (Chapter 2.95) to apply to City employees and appointed officials, and asked to create a new Chapter applicable to elected officials. Staff returned with two options relating to the role of the Ethics Board. Option 1 (Board decides violation): The Board will make an initial determination of sufficiency, and if sufficient, an independent investigator will provide findings of fact, conclusions, and a recommendation. Upon receipt of this report the Board will determine that a violation did or did not occur, or that more information is needed. The Board will then draft a recommendation to the Council. Option 2 (Council decides violation): The Board will make an initial determination of sufficiency, and if sufficient, an independent investigator will provide findings of fact only. Upon receipt of this report the Board will forward the findings to the Council who will then determine whether or not the violation has occurred and assign an appropriate penalty. Committee members discussed these options and unanimously agreed upon Option 1, in which the Ethics Board makes a determination of violation rather than the Council. The Committee asked questions relating to training and legal counsel for the Board during this process. City Administrator David Cline confirmed that the City Attorney will provide basic training, but if an allegation is made, independent counsel could be brought in to advise the Board during the process. The Committee agreed that there should be clearly stated, strong criteria for the selection of such counsel, but were not certain if this should be included within the ordinance or in a separate administrative procedure. Committee Chair Seal noted that Section 2.97.050(E) might be an appropriate location if the decision is made to include this language in the ordinance. Finance & Safety Committee Minutes June 17, 2014 — Page 3 The Committee decided to discuss this again in Committee rather than forwarding the proposal to Committee of the Whole at this time. Staff will return with City Attorney feedback on the issue of selection criteria for outside counsel to the Ethics Board. The companion ordinance amending the current Chapter 2.95 to exclude elected officials will be considered at this time as well. RETURN TO FINANCE AND SAFETY COMMITTEE. III. MISCELLANEOUS Committee Chair Seal noted that the issue of noxious odors relating to illegal grow operations was referred to Finance and Safety by the Committee of the Whole on June 9. Committee members and staff briefly discussed how this will be addressed. One option is to add a component to the existing Nuisance Code to address this scenario, but there was agreement that this could be a substantial project. Mr. Cline agreed to seek City Attorney advice on the appropriate framework for this issue. The Committee will then review that information and will be better prepared to make a work plan request. Meeting adjourned at 6:37 p.m. Next meeting: Tuesday, July 8, 2014 — 5:30 p.m. — Hazelnut Conference Room ommittee Chair Approval Min tes by LH, Reviewed by VC Finance & Safety Committee Minutes June 3, 2014 - Page 2 C. Ordinance: Amending Tukwila Municipal Code Chapter 2.95 - Code of Ethics In late 2013 the Finance and Safety Committee discussed several iterations of an ordinance to amend the City's Ethics Code. Most recently, on November 5, 2013, the Committee discussed three options for the creation of a new Ethics Board. The first option establishes a five member Ethics Board made up of the Chairs of the City's existing five Commissions, with adjudication of complaints by the City Council. The second option establishes a 5 member Ethics Board made up of existing Commission Chairs with adjudication of complaints by the Board itself. The third option establishes an Ethics Board made up of three new appointees by the Council and two by the Mayor with adjudication of complaints by the Board. Following the November 5, 2013 Committee discussion of those three options, the Committee asked staff to meet with each Commission to gather feedback on their potential involvement. In 2014 staff attended meetings of the Arts, Civil Service, Equity and Diversity, Park, and Planning Commissions to share the proposal and receive input. The majority of commission members were supportive but raised numerous questions about implementation. Committee members discussed the options and decided to reject option 3 that would create an Ethics Board composed of entirely new appointees. Ethics disputes have historically been rare in the City and creation of a new Board that would remain largely inactive was deemed impractical. The Committee would like to further discuss the adjudication process and asked that options 1 and 2 return to Finance and Safety at a future date with the following adjustments: • Revise the proposed ordinance(s) to be applicable only to elected officials. The current TMC Chapter 2.95 outlines a process that is still applicable to City employees and appointed volunteers. • Add language indicating the member can be a Commission Chair "or designee." • Retain highlighting of every appearance of the phrases "appearance of conflict of interest or impropriety" or "adverse to the interests of the City" as these will be discussed by the Committee of the Whole. RETURN TO COMMITTEE FOR FURTHER DISCUSSION. III. MISCELLANEOUS Finance Director Peggy McCarthy noted an area of recent confusion regarding reference to "retail sales tax," which can include tax generated from construction, and the existence of Retail as a type of sector. Although this terminology is correct, she will remind Council of the dual meanings in future discussions. Committee members and staff discussed the draft 2015 -2016 City Priorities that were presented at June 2 Regular Meeting. Some Councilmembers expressed an interest in reviewing those again prior to Budget review, and a follow -up meeting has been proposed. Meeting adjourned at 6:53 p.m. Next meeting: Tuesday, June 17, 2014 - 5:30 p.m. - Hazelnut Conference Room Committee Chair Approval Minutes by LH, Reviewed by PM 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: 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 ..H Committee Chair Approval 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. 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 b H, Item F reviewed by SK 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. II. BUSINESS AGENDA Consensus existed to take up items D and E as the first and second order of business, respectively. A. Resolution — Cancellation and Reporting of 2013 Unclaimed Property Staff is seeking Council approval of the annual resolution that would declare the cancellation of abandoned or unclaimed property that is owed to individuals or business owners in time for reporting to the Washington State Department of Revenue Unclaimed Property Section by November 1, 2013. This year's report includes the cancellation of outstanding General Fund claims and payroll checks in the total amount of $1,933.16. The City has performed due diligence in notifying the property owners, and checks were issued to those who were successfully contacted through that effort. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA. B. Ordinance— Amending Ordinance No. 2408 relating to the Final Assessment Roll for LID No. 33 Staff is seeking Council approval of an ordinance that would amend Ordinance No. 2408 by replacing its Exhibit B, the final assessment roll for Klickitat Local Improvement District No. 33. After the passage of Ordinance No. 2408, it was discovered that eight parcels on the assessment roll contained outdated ownership data, and a corrected Final Assessment Roll must be adopted via a new ordinance. The corrected Final Assessment Roll also contains an annotation relating to an exemption for the King County Housing Authority on two parcels. The exemption was discovered after the assessment process had begun and it was determined that it would not be cost effective to start over. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 21 REGULAR CONSENT AGENDA. C. Two Ordinances — Ethics Code for Elected Officials and for Employees and Appointed Officials Committee Chair Robertson provided an overview of a proposal to revise the Code of Ethics by adding a new chapter covering elected officials to include both the Council and the Mayor. A companion ordinance would amend the existing Code to remove the reference to elected officials, making it applicable only to City employees and appointed officials. This review and proposed revision to the Code was requested by the Council at its 2013 retreat, based upon a review of ethics policies for officials in other local municipal, county and state governments. The proposal removes language prohibiting "appearance of impropriety" as well as activity that might be seen as adverse to the interests of the City," on the grounds that those are concepts difficult to define and enforce and are not widely used in the comparison jurisdictions. Another impetus for the proposal is that all of the jurisdictions reviewed have a process under which investigations and decisions of complaints against elected officials are either performed by an ombudsman, appointed citizen board or the Council, and none have a process under which the Mayor performs the review or makes the final determination. 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 Attomey 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. ELECTED OFFICIALS DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR ELECTED OFFICIALS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.97; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila wishes to provide uniform guidance to elected officials on ethical issues; and WHEREAS, State law prohibits certain conduct of City elected officials while serving the City; and WHEREAS, the City desires to provide for uniform investigation and adjudication of ethics complaints; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Code of Ethics Established. A Code of Ethics for Elected Officials, to be codified as Tukwila Municipal Code (TMC) Chapter 2.97, "Code of Ethics for Elected Officials," is hereby established to read as follows: CHAPTER 2.97 CODE OF ETHICS FOR ELECTED OFFICIALS Sections: 2.97.010 Purpose 2.97.020 Definitions 2.97.030 Prohibited Conduct 2.97.040 Board of Ethics 2.97.050 Complaint Process 2.97.060 Penalties for Noncompliance 2.97.070 Where to Seek Review W: Word Processing \Ordinances \Code of Ethics - Elected Officials strike -thru 7 -1 -14 CT:bjs Page 1 of 10 69 Section 2. TMC Section 2.97.010 is hereby established to read as follows: 2.97.010 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 Elected Officials. Elected Officials shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; avoid any improprieties or material misrepresentations regarding their roles or authority as public servants, including the appearance of impropriety as defined herein; and never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.97 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 2.97, Elected Officials should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington state law, RCW Chapter 42.23. Section 3. TMC Section 2.97.020 is hereby established to read as follows: 2.97.020 Definitions As used in TMC Chapter 2.97, 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. 3. "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. 4. "Elected Official" means every individual elected to an office or position with the City. 5. "Compensation" means payment in any form for real or personal property or services of any kind. W: Word Processing \Ordinances \Code of Ethics - Elected Officials strike -thru 7 -1 -14 CT:bjs 70 Page 2 of 10 6. "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 expenses, including travel, entertainment, meal, and refreshment expenses incurred in connection with appearances, ceremonies, and occasions reasonably related to official City business, or where otherwise permitted by law. 7. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his /her designee. 8. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within three generations by blood or marriage of the person or the person's spouse (e.g., within three degrees of relationship by blood or marriage). 9. "Person "means any individual, corporation, business or other entity, however constituted, organized or designated. Section 4. TMC Section 2.97.030 is hereby established to read as follows: 2.97.030 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 Elected Official 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 2.97.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No Elected Official shall participate in his /her capacity as an Elected Official 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. Provided, however, that this prohibition shall not apply where the Elected Official 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 official(s) having the remote interest. For purposes of this TMC Chapter 2.97, 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 - Elected Officials strike -thru 7 -1 -14 CT:bjs Page 3 of 10 71 c. That of a landlord or tenant of a contracting party; or d. That of a holder of Tess 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 Elected Official 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 Elected Official 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 Elected Official 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 an Elected Official in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City. 5. Certain Private Employment Prohibited. No Elected Official shall engage in or accept private employment from —or render services for —any private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. 6. Beneficial Interest in Legislation Prohibited. No Elected Official, 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 any 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 Elected Official 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, however, 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. 8. Improper Use of Position Prohibited. No Elected Official shall knowingly use his /her office or position to secure personal benefit, gain or profit, or use his /her position to secure special privileges or exceptions for him /herself, or for the benefit, gain or profits of any other persons. 9. Improper Use of City Personnel Prohibited. No Elected Official shall employ or use any person under the Elected Official's official control or direction for the personal benefit, gain or profit of the Elected Official or another. This section does not apply to off -duty employment relationships, which are mutually negotiated. W: Word Processing \Ordinances \Code of Ethics - Elected Officials strike -thru 7 -1 -14 CT:bjs 72 Page 4 of 10 10. Improper Use of City Property Prohibited. No Elected Official shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Such use is restricted to those services which 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 or Council; provided, however, that the use of a City vehicle by an Elected Official 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 2.97 or any other provision of the Tukwila Municipal Code. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No Elected Official 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 Elected Official's services with the City of Tukwila; provided, however, that this prohibition shall not apply to: a. Attendance by an Elected Official 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 Elected Official 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 Tess, which gift cannot reasonably be presumed to influence the vote, action or judgment of the Elected Official, or be considered as part of a reward for action or inaction. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former Elected Official shall disclose or use any privileged, confidential or proprietary information gained because of his /her City position. b. Participation in City Matters Prohibited. No former Elected Official shall, during the period of one year after leaving City office: (1) Assist any person in matters involving the City if, while in the course of duty with the City, the former Elected Official was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter; or (2) Participate as or with a bidder, vendor or consultant in any competitive selection process for a City contract in which he /she assisted the City in determining the project or work to be done, or the process to be used. Section 5. TMC Section 2.97.040 is hereby established to read as follows: W: Word Processing \Ordinances \Code of Ethics - Elected Officials strike -thru 7 -1 -14 CT:bjs Page 5 of 10 73 2.97.040 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 officials and provide advisory opinions for Elected Officials, when requested. B. The Board of Ethics shall be composed of five members and shall be comprised of fhc Chairsone member from each of the City's five standing Commissions: 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 Commission shall-be-se-lee-tee! select a member to serve on the Board. 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 the City Attorney or assigned independent legal outside counsel. E. The powers of the Ethics Board include rendering sufficiency determinations as described in TMC Section 2.97.050, adjudicating ethics complaints against Elected 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. 2.97.050 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his /her designee(s): 1. Mayor; or 2. City Attorney. B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the 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. W: Word Processing \Ordinances \Code of Ethics - Elected Officials strike -thru 7 -1 -14 CT:bjs 74 Page 6 of 10 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 shall promptly designate an individual to conduct an investigation of the complaint and shall forward a confidential memorandum to all Councilmembers informing them that a complaint has been made. F. 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, unless an extension is granted in writing by the City Attorney. A copy of the written investigation findings and conclusions shall be provided to the City Attorney. G. Within 5 business days of receipt of the investigator's written findings and conclusions, the City Attorney shall forward a copy of the investigation to the Chair of the Ethics Board. 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. H. Within 10 business days of receipt of the investigator's report, the Board of Ethics 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: 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. Throughout the process, the Board may seek legal advice from the City Attorney or independent legal counsel as assigned by the City W: Word Processing \Ordinances \Code of Ethics - Elected Officials strike -thru 7 -1 -14 CT:bjs Page 7 of 10 75 Attorney. Assigned independent legal counsel shall have a minimum of five years municipal law experience. 4. After the Board has made its final determination under TMC Section 2.97.050, subsection H, (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 Official the penalties set forth in TMC Section 2.97.060. 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. I. The written findings of fact, conclusions and recommended disposition shall be placed on the next regularly scheduled Council meeting agenda for discussion and disposition pursuant to TMC Section 2.97.060, by majority vote of the Council. 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 City Attorney or assigned independent euteidelegal counsel. K. The party complained against may, within 10 business days following the date of a recommended disposition that finds a violation of this Code of Ethics, request 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. L. Within 30 days after the conclusion of 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. A copy of the Hearing Examiner's findings, conclusions and order shall also be provided to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attomey or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. Section 6. TMC Section 2.97.060 is hereby established to read as follows: 2.97.060 Penalties for Noncompliance Any Elected Official found, by a preponderance of the evidence, to have violated any provision of this Code of Ethics may be subject to one or more of the following penalties by majority vote of the Council: W: Word Processing \Ordinances \Code of Ethics - Elected Officials strike -thru 7 -1 -14 CT:bjs 76 Page 8 of 10 1. A cease and desist order as to violations of this Code of Ethics. 2. An order to disclose any reports or other documents or information requested. 3. An order to pay to the City civil penalty of up to $1,000.00, where it is determined disciplinary measures are not appropriate under the circumstances. 4. Exclusion from bidding on City contracts for a period of up to 5 years. 5. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, but only if such contract(s) provide for termination in the event of a Code of Ethics violation. 6. Admonition. An admonition shall be a verbal statement approved by the City Council and made to the Elected Official by the Council President, or if the complaint is against the Council President, then by the next most senior Councilmember. An admonition under this section is not subject to further review or appeal except as may be otherwise provided by law. 7. Reprimand. A reprimand shall be administered to the Elected Official by a resolution of reprimand by the City Council. A reprimand under this section is not subject to further review or appeal, except as may be otherwise provided by law. 8. 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 findings of fact 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. Section 7. TMC Section 2.97.070 is hereby established to read as follows: 2.97.070 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this chapter, the affected Elected Official 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 chapter, the affected Elected Official may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. W: Word Processing \Ordinances \Code of Ethics - Elected Officials strike -thru 7 -1 -14 CT:bjs Page 9 of 10 77 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. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the Elected Official excluded may seek whatever remedies exist at law or in equity. E. 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 8. 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 9. 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 10. 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 , 2014. 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 - Elected Officials strike -thru 7 -1 -14 CT:bjs 78 Page 10 of 10 EMPLOYEES AND APPOINTED OFFICIALS R FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2127 AND 2068, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS," TO CHANGE THE TITLE TO "CODE OF ETHICS FOR EMPLOYEES AND APPOINTED OFFICIALS" AND TO REMOVE ELECTED OFFICIALS FROM THE ETHICS PROCESS USED FOR EMPLOYEES AND APPOINTED OFFICIALS; 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 has established a separate chapter of the Tukwila Municipal Code relating to a Code of Ethics for Elected Officials, thereby requiring amendments to the current Code of Ethics codified in Tukwila Municipal Code Chapter 2.95; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Title of Tukwila Municipal Code (TMC) Chapter 2.95 Amended. Ordinance Nos. 2127 and 2068, as codified at TMC Chapter 2.95, "Code of Ethics," are hereby amended to change the title of TMC Chapter 2.95 to "Code of Ethics for Employees and Appointed Officials." Section 2. TMC Section 2.95.010 Amended. Ordinance Nos. 2127 §1 and 2068 §1 (part), as codified at TMC Section 2.95.010, "Purpose," are hereby amended to read as follows: 2.95.010 Purpose A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standard of ethics from all of its employees and appointed officials, whethcr cicctcd, appeinted -er - 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 W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 1 of 9 79 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 3. TMC Section 2.95.020 Amended. Ordinance No. 2068 §1 (part), as codified at TMC Section 2.95.020, "Definitions," is hereby amended to read as follows: 2.95.020 Definitions As used in TMC Chapter 2.95, these words shall have the following meanings, unless the context clearly indicates otherwise: 1. "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self - employed individual, consultant, holding company, joint stock company, receivership, trust, or any legal entity organized for profit. 2. "City officer or employee" means every individual-elected, appointed, hired, or otherwise selected to an office or position with the City, or any subdivision thereof, whether such individual is paid or unpaid. 3. "Compensation" means payment in any form, for real or personal property or services of any kind. 4. "Gift" means a voluntary transfer of real or personal property of any kind, or the voluntary rendition of services of any kind, without consideration of equal or greater value, but not including any reasonable hosting, including travel-expenses, entertainment, meals, or refreshments expenses incurred furnished in connection with appearances, ceremonies, and occasions reasonably related to official City business, where otherwise permitted by law. 5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his /her designee. 6. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within three generations by blood or marriage of the person or the person's spouse, e.g., within three degrees of relationship by blood or marriage). 7. "Person" means any individual, or corporation, business or other entity, however constituted, organized or designated. Section 4. TMC Section 2.95.030 Amended. Ordinance Nos. 2127 §2 and 2068 §1 (part), as codified at TMC Section 2.95.030, "Prohibited Conduct," are hereby amended to read as follows: W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs 80 Page 2 of 9 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the conduct prohibited in TMC Section 2.95.030 alone may be sufficient to constitute a violation of this Code of Ethics. 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his /her capacity as a City officer or employee in the making of a contract in which she /he has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase, with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Except, that this prohibition shall not apply where the City officer or employee has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership sufficient for the purpose without counting the vote(s) of the officer(s) having the remote interest. For purposes of TMC Chapter 2.95, a "remote interest" means: a. That of a non - salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; c. That of a landlord or tenant of a contracting party; or d. That of a holder of Tess 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 W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 3 of 9 81 Act, including the right to appear and /or testify in a legal proceeding on behalf of a labor organization representing employees or seeking to represent employees of the City. 5. Certain Private Employment Prohibited. No City officer or employee shall engage in or accept private employment from —or render services for —any private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. This provision shall not interfere with an employee's right to engage in off duty employment that is authorized pursuant to a collective bargaining agreement and /or Tukwila Police Department General Orders. 6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council or participate in discussion with or give an official opinion to the City Council, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted on the record of the Council or similar records of the City, prior to consideration of the legislation by the City Council. 7. Disclosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any confidential, privileged or proprietary information, gained by reason of his /her official position, for a purpose which is other than a City purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public upon request. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right of a labor organization to utilize and disclose properly obtained information that the City deems confidential, privileged, or proprietary. 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his /her office or position to secure personal benefit, gain or profit, or use his /her position to secure special privileges or exceptions for him /herself, or for the benefit, gain or profit of any other persons. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to negotiate agreements that address the wages, hours, and working conditions of employees of the City. 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 W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs 82 Page 4 of 9 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 Tess, which cannot reasonably be presumed to influence the vote, action or judgment of the officer or employee, or be considered as part of a reward for action or inaction:; or d. An employee serving as a representative of a labor organization and /or an employee receiving compensation, gifts, or rewards from a labor organization of which he /she is a member. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former officer or employee shall disclose or use any privileged, confidential or proprietary information gained because of his /her City employment. b. Participation in City Matters Prohibited. No former officer or employee shall, during the period of one year after leaving City office or employment: (1) Assist any person in matters involving the City if, while in the course of duty with the City, the former officer or employee was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter; (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. W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 5 of 9 83 d. Exceptions. The prohibitions of TMC Section 2.95.030, paragraphs 12.b(1) and (2), shall not apply to a former officer or employee acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City. Section 5. TMC Section 2.95.040 Amended. Ordinance Nos. 2127 §3 and 2068 §1 (part), as codified at TMC Section 2.95.040, "Complaint Process," are hereby amended to read as follows: 2.95.040 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his /her designee(s): 1. Mayor; or 2. City Attorney. B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Mayor. The Mayor shall promptly designate an individual to conduct an investigation of the complaint. However, if the complaint alleges that the Mayor violated this Code of Ethics, then the individual receiving the complaint has an obligation to promptly forward the complaint, in writing, to the City Attorney, who shall designate an individual to conduct an investigation. D. Upon receipt of a complaint regarding an elected official or an appointed member, the City Attorney shall forward a confidential memorandum to all councilmembers informing them that a complaint has been made. ED. 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 received by the Mayor or City Attorney, unless an extension is granted in writing by the Mayor. _ • - _' . - - . , _ . _ _ f.`.2 -. A copy of the written investigation findings and conclusions shall be provided to the Mayor _ , appropriate, FE. Within 5 business days of receipt of the investigator's written findings and conclusions, the Mayor or City Attorney, as appropriate, shall prepare a written recommended disposition of the complaint. Copies of the recommended disposition and the investigation findings and conclusions shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies of the recommended disposition shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the recommended disposition. The recommended disposition shall not be implemented until the time for requesting a formal hearing, pursuant to TMC Section 2.95.040(I4G), has lapsed and no such hearing has been requested. W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs 84 Page 6 of 9 GF. When the complaint is against an elected official or appointed board or commission member, the investigative findings and conclusions as discussed in TMC Section 2.95.040(i=E), as well as the recommended disposition, shall be placed on the next regularly scheduled Council meeting agenda, for informational purposes only. HG. 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. 1H. 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 wilt -shall be forwarded to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Section 6. TMC Section 2.95.050 Amended. Ordinance Nos. 2127 §4 and 2068 §1 (part), as codified at TMC Section 2.95.050, "Penalties for Noncompliance," are hereby amended to read as follows: 2.95.050 Penalties for Noncompliance A. Any person, other than an employee covered by a collective bargaining agreement found by a preponderance of the evidence to have violated any provision of this Code of Ethics; may be subject toany combination 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 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 employees in the Classified City Service; 5. Exclusion from bidding on City contracts for a period of up to 5 years; and /or W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 7 of 9 85 6. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, only if such contract(s) provide for termination in the event of a Code of Ethics violation. B. Any allegation that an employee who is covered by a collective bargaining agreement has violated any provision of this Code of Ethics shall be investigated in accordance with the applicable collective bargaining agreement and Department Policies, Procedures, or General Orders. For any proven violation of this Code of Ethics, an employee may be disciplined up to and including termination in accordance with the applicable collective bargaining agreement. Any such discipline may be appealed in accordance with the applicable collective bargaining agreement or Civil Service Rules. Section 7. TMC Section 2.95.060 Amended. Ordinance No. 2068 §1 (part), as codified at TMC Section 2.95.060, 'Where to Seek Review," is hereby amended 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 Attomey, 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. W: Word Processing \Ordinances \Code of Ethics - Employees and Appointed strike -thru 7 -1 -14 CT:bjs 86 Page 8 of 9 Section 8. 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 9. 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 10. 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 , 2014. 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 - Employees and Appointed strike -thru 7 -1 -14 CT:bjs Page 9 of 9 87