HomeMy WebLinkAboutOrd 2448 - TMC Chapter 2.95 "Code of Ethics for Employees and Appointed Officials"City of Tukwila
Washington
Ordinance No. 2448
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. 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 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, 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.
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
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.
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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
established by the City, and for a purpose authorized under such program, shall not be
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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 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.
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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 O' TUKWILA WASHINGTON, at
a Regular Meeting thereof this 7 day of
ATTEST /AUTHENTICATED:
(iJiO � Ch risty O'Fy, MMC, City Cler
APPROVED AS TO FORM BY:
Offi e of the City Attorney
.3 , 2014.
j'aggerton, 'i `7
Filed with the City Clerk: 9r I t1
Passed by the City Council: - ) L/
Published:
Effective Date:
Ordinance Number:
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2445 -2448.
On August 4, 2014 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2445: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO
ASTOUND BROADBAND, LLC, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN
THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING,
OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN
PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2446: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1663 §1, AS CODIFIED
AT TUKWILA MUNICIPAL CODE SECTION 2.52.030, TO PROVIDE FOR TWO
UNPAID HOLIDAYS FOR A REASON OF FAITH OR CONSCIENCE FOR ALL CITY
EMPLOYEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2447: 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.
Ordinance 2448: 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.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: August 7, 2014