HomeMy WebLinkAboutReg 2014-08-04 Item 6B - Ordinances - Ethics Code Amendments (TMC Chapters 2.97 and 2.95)COUNCIL AGENDA SYNOPSIS
Aire tine Date
Prepared by
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Council review,
07/28/14
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08/04/14
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si,()\,( )1c,, Two ordinances that provide different options for creating a Code of Ethics for Elected
'-,( \I\I \in Officials. Both Ordinances create a Board of Ethics comprised of members of the City's
Commissions. Option 1 has the Board of Ethics issue findings of fact, conclusions and
recommended disposition. Option 2 has the Board of Ethics issue findings of fact only. A
third ordinance amends TMC 2.95 Code of Ethics to no longer apply to elected officials.
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RECOMMENDATIONS:
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Mayor's Office/City Attorney
I Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ITEM INFORMATION
ITEM No.
6B (1) -
6B (2)
91
SI \I I S1'()V,OR nc DAVID CLINE
of Tukwila Municipal Code 2.97 Code of
to Tukwila Municipal Code 2.95 — Code
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Ethics for Elected Officials and
of Ethics
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Amendments
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si,()\,( )1c,, Two ordinances that provide different options for creating a Code of Ethics for Elected
'-,( \I\I \in Officials. Both Ordinances create a Board of Ethics comprised of members of the City's
Commissions. Option 1 has the Board of Ethics issue findings of fact, conclusions and
recommended disposition. Option 2 has the Board of Ethics issue findings of fact only. A
third ordinance amends TMC 2.95 Code of Ethics to no longer apply to elected officials.
RI \ 11 \\ 1 I) ii) " ( )\\ N1i 2 A&P (-auto Z P&S Cinto Transportatton ('mm
Ullittle, Pinto _ Arts Comm. Parks Comm. Planning Comm.
[)A1 J: 06/3/14, 6/17/14 & 7/8/14 ( 0 MITTE.1 CI LAIR SEAL
RECOMMENDATIONS:
sl,()N,R/A1)\11N,
(A )\1\111Al
Mayor's Office/City Attorney
I Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
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Lund Source:
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MTG. DATE
RECORD OF COUNCIL ACTION
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07/28/14
MTG. DATE ATTACHMENTS
07/28/14
Informational Memorandums dated 06/18/14
Minutes from the Finance and Safety Committee meeting of 07/08/ 14
Minutes from the Finance and Safety Committee meeting of 06/03/ 14 & 6/17/14
Minutes from the Finance and Safety Committee meeting of /05/
Minutes from the Finance and Safety Committee meeting of 0/0 / 13 & 10/22/ 1
Draft Ordinances
08/04/14
2 ordinances in strike thru underlined format based on Council discussion
91
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ELECTED OFFICIALS
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
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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, 4n-eluding-The-appear- * opriety 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. "App arance of-improprier-efers to a situation -which to a reaso-nable
pe-rson-without--knowledge-of-the--speoifio--cifournstances--m4g14--seera-te--raise---et-hleal
uoh-oonduct-oould-be-when--a-p-erson--fegularly and reliably
+s or her-employ • • e her personal wallet and later gives-it -to -his
yec,-By-putt-ing-44-his-ar--her-pers-ortal-wallet,-4t-rnay-iaok-improper-and-give
rise to-suspioio-n,
2. "Adverse to- thterests-of the City" means-taking---a-ction-whi-oh-could
-mage or-prejudice-the-interests-of the -City-or-its-citizens:
31. "Business" means any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual, consultant,
holding company, joint stock company, receivership, trust, or any legal entity organized for
profit.
42. "Elected Official" means every individual elected to an office or position with
the City.
53. "Compensation" means payment in any form for real or personal property or
services of any kind.
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€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 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.
75. "Hearing Examiner" shall mean the duly appointed and qualified Hearing
Examiner for the City of Tukwila, or his/her designee.
B6. "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).
97. "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, o-F-ah-a-ppearahee of
conflict- of- interest- or-impr-ophetyr-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-intere-sts of the -Ci . -appearanGe-of -the-conduct pcohibited in
T-M-C-SeGtion 2,97:030-alone- may be eu-ffiGient to- Gonetkite -a-Atiolatioh-of-this-Gode-of
EthiGS:
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;
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c. That of a landlord or tenant of a contracting party; or
d. That of a holder of less than one percent of the shares of a corporation, a
limited liability company, or other entity, which is a contracting party.
3. Beneficial Influence in Contract Selection Prohibited. No 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.
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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 less, 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.
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Section 5. TMC Section 2.97.040 is hereby established to read as follows;
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 one 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 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 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, or
3. Council President.
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, or Council President as appropriate:
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1. Determine that the facts stated in the complaint, even if true, would not
constitute a violation of the Code of Ethics,
2. Determine that the facts stated in the complaint, even if true, would not
constitute a material violation of the Code of Ethics because any potential violation was
inadvertent or minor or has been adequately cured, such that further proceedings on the
complaint would not serve the purposes of the Code of Ethics.
3. Make a preliminary determination that the facts stated in the complaint, if
true, could potentially constitute a violation of the Code of Ethics such that further
proceedings are warranted.
D. The Board shall submit a written report with its findings within 10 days of its
receipt of the written complaint. The Board's determination of sufficiency is final and
binding and no appeal is available. If the Board finds the complaint sufficient, then the
complaint shall be investigated as set forth below.
E. For all sufficient complaints, the City Attorney shall promptly designate an
individual to conduct an investigation of the complaint and shall forward a confidential
memorandum to all Councilmembers- Elected Officials 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.
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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
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 legal 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.
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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.
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:
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.
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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.
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.
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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'F aherty, 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:
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EMPLOYEES AND APPOINTED OFFICIALS
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 2.95010, "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. 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
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roles as public servants__, ttie-appearan-ce-of imprwr ; •-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 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, entertainment, meal, or
refreshment expenses incurred 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, 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:
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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 all-- eearapoe of
conflict of interest-or-impropri-etyrno 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
a-s adverse -to-the- ipterests -of-the-City, Even- the- appeara-nse-of-tbe conduct pro-hibited -in
TIVIC Seotion- 2.95:030 a-lone rnay be s-ufficient- to-oanstitute a- violation—of-this--Code-of
Et hic-s,
2. Beneficial Interests in Contracts Prohibited. No City officer or employee
shall participate in his/her capacity as a City officer or employee in the making of a contract
in which she/he has a financial interest, direct or indirect. This shall include any contract
for sale, lease or purchase, with or for the use of the City, or the acceptance directly or
indirectly of any compensation, gratuity or reward from any other person beneficially
interested therein. Except, that this prohibition shall not apply where the City officer or
employee has only a remote interest in the contract, and where the fact and extent of such
interest is disclosed and noted in the official minutes or similar records of the City prior to
formation of the contract, and thereafter the governing body authorizes, approves or
ratifies the contract in good faith, by a vote of its membership sufficient for the purpose
without counting the vote(s) of the officer(s) having the remote interest. For purposes of
TMC Chapter 2.95, a "remote interest" means:
a. That of a non-salaried officer of a nonprofit corporation;
b. That of an employee or agent of a contracting party where the
compensation of such employee or agent consists entirely of fixed wages or salary;
c. That of a landlord or tenant of a contracting party; or
d. That of a holder of less than one percent of the shares of a corporation, a
limited liability company, or other entity, which is a contracting party.
3. Beneficial Influence in Contract Selection Prohibited. No City officer or
employee shall influence the City's selection of, or its conduct of business with, a
corporation, person or firm having or proposing to do business with the City, if the City
officer or employee has a financial interest in or with the corporation, person or firm, unless
such interest is a remote interest and where the fact and extent of such interest is
disclosed and noted in the official minutes or similar records of the City prior to formation of
the contract.
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
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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
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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 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;
c. Any gift valued at $100.00 or less, which cannot reasonably be
presumed to influence the vote, action or judgment of the officer or employee, or be
considered as part of a reward for action or inaction; or
d. An employee serving as a representative of a labor organization and/or
an employee receiving compensation, gifts, or rewards from a labor organization of which
he/she is a member.
12. Impermissible Conduct After Leaving City Service.
a. Disclosure of Privileged, Confidential, or Proprietary Information
Prohibited. No former officer or employee shall disclose or use any privileged, confidential
or proprietary information gained because of his/her City employment.
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.
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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.
D. 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. A copy of the written investigation findings and
conclusions shall be provided to the Mayor.
E. Within 5 business days of receipt of the investigator's written findings and
conclusions, the Mayor shall prepare a written recommended disposition of the complaint.
Copies of the recommended disposition and the investigation findings and conclusions
shall be forwarded by certified mail to the complaining party and the party complained
against at their last known addresses. Additional copies of the recommended disposition
shall be forwarded to the investigator, the City Attorney or 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(G), has lapsed and no such hearing has been
requested.
F. When the complaint is against an appointed board or commission member, the
investigative findings and conclusions as discussed in TMC Section 2.95.040(E), as well
as the recommended disposition, shall be placed on the next regularly scheduled Council
meeting agenda, for informational purposes only.
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G. 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.
H. 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. 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 appointed board or commission member, the
Hearing Examiner's findings 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 to 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;
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, 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
6. Termination or invalidation of contract(s) entered into in violation of the Code
of Ethics, only if such contract(s) provide for termination in the event of a Code of Ethics
violation.
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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 Attorney, or his/her designee, and
file an acknowledgment or affidavit of service in the Tukwila Municipal Court
D. Discipline or Removal. If an employee or officer is disciplined or removed from
office, then the person disciplined or removed from office may seek whatever remedies
may be available at law or in equity.
E. Exclusion from Public Bidding. If ordered to be excluded from bidding on
public contracts and the exclusion actually occurs, the person excluded may seek
whatever remedies exist at law or in equity.
F. Termination of Contract(s). If termination of contract(s) is ordered, the
person whose contract(s) was/were terminated may seek whatever remedies exist at
law or in equity.
Section 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.
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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 he City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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