HomeMy WebLinkAboutOrd 2068 - TMC Chapter 2.95 "Code of Ethics"
Cover page to Ordinance 2068
The full text of the ordinance follows this cover page.
Ordinance 2068 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) A mended Amended by Ord # Section(s) R epealed Repealed by Ord #
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Ordinance No. 2068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS
FOR CITY EMPLOYEES, FORMER CITY EMPLOYEES, AND
CITY OFFICIALS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila wishes to provide uniform guidance to employees
and officials on ethical issues; and
WHEREAS, State law prohibits certain conduct of City officials while serving the
City; and
WHEREAS, the City wishes to identify impermissible conduct of former City
employees; 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, DO ORDAIN AS FOLLOWS:
Section 1. Code of Ethics Established. A code of ethics for City employees and
officials is hereby established to read as follows:
Chapter 2.95
CODE OF ETHICS
Sections:
2.95.010 Purpose
2.95.020 Definitions
2.95.030 Prohibited Conduct
2.95.040 Complaint Process
2.95.050 Penalties for Noncompliance
2.95.060 Where to Seek Review
2.95.010 Purpose
A. It is the policy of the City of Tukwila to uphold, promote and demand the
highest standard of ethics from all of its employees and officials, whether elected,
appointed or hired. City officers and employees shall maintain the utmost standards of
personal integrity, truthfulness, honesty and fairness in carrying out their public duties;
they shall avoid any improprieties in their role as public servants, including the
appearance of impropriety; and never use their City position or powers for improper
personal gain.
B. It is the intention of the City Council that TMC Chapter 2.95 be liberally
interpreted to accomplish its purpose of protecting the public against decisions that are
affected by undue influence, conflicts of interest, or any other violation of this Code of
Ethics. In interpreting TMC Chapter 2.95, City officers and employees should be guided
by common sense and practicality. This Code of Ethics is supplemental to Washington
State law, RCW 42.23.
Ethics Code 11/12/04 Page 1 of 6
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 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
marriage.
7. "Person" means any individual or corporation, business or other entity,
however constituted, organized or designated.
2.95.030 Prohibited Conduct
The following shall constitute violations of this Code of Ethics:
1. General Prohibition Against Conflicts of Interest. In order to avoid becoming
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 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;
Ethics Code 11/12/04 Page 2 of 6
d. That of a holder of less than one percent of the shares of a corporation, a
limited liability company, or other entity, which is a contracting party.
3. Beneficial Influence in Contract Selection Prohibited. No City officer or
employee shall influence the City's selection of, or its conduct of business with, a
corporation, person or firm having or proposing to do business with the City, if the City
officer or employee has a financial interest in or with the corporation, person or firm,
unless such interest is a remote interest and where the fact and extent of such interest is
disclosed and noted in the official minutes or similar records of the City prior to
formation of the contract, as defined in TMC 8.24.020.
4. Representation of Private Person at City Proceeding Prohibited. No City officer or
employee shall appear on behalf of a private person, other than him /herself or an
immediate family member, or except as a witness under subpoena, before any regulatory
governmental agency or court of law in an action or proceeding to which the City or a
City officer in an official capacity is a party, or accept a retainer or compensation that is
contingent upon a specific action by the City.
5. Certain Private Employment Prohibited. No City officer or employee shall
engage in or accept private employment from or render services for any private
interest, when such employment or service is incompatible with the proper discharge of
official duties or would tend to impair independence of judgment or action in the
performance of official duties.
6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in
appearing before the City Council or when giving an official opinion before the City
Council, shall have a financial interest in any legislation coming before the City Council or
participate in discussion with or give an official opinion to the City Council, unless such
interest is a remote interest and where the fact and extent of such interest is disclosed and
noted on the record of the Council or similar records of the City, prior to consideration of
the legislation by the City Council.
7. 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.
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 profits of any other persons.
9. Improper Use of City Personnel Prohibited. No City officer or employee shall
employ or use any person under the officer's or employee's official control or direction for
the personal benefit, gain or profit of the officer or employee, or another. This section does
not apply to off -duty employment relationships, which are mutually negotiated.
10. Improper Use of City Property Prohibited. No City officer or employee shall use
City owned vehicles, equipment, materials, money or property for personal or private
convenience or profit. Use is restricted to such services as are available to the public
generally, for the authorized conduct of official City business, and for such purposes and
under such conditions as are approved by administrative order of the Mayor; provided,
the use of a City vehicle by a City officer or employee participating in a carpooling
program established by the City, and for a purpose authorized under such program, shall
not be considered a violation of TMC Chapter 2.95 or of any other provision of TMC
Chapter 2.95.
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:
Ethics Code 11/12/04 Page 3 of 6
a. Attendance of a City officer or employee at a hosted meal when it is
provided in conjunction with a meeting directly related to the conduct of City business, or
where official attendance by the officer or employee as a City representative is
appropriate;
b. An award publicly presented in recognition of public service; or
c. Any gift valued at $100.00 or less, which cannot reasonably be presumed
to influence the vote, action or judgment of the officer or employee, or be considered as
part of a reward for action or inaction.
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.
d. Exceptions. The prohibitions of TMC 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.
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. The individual designated to conduct the investigation shall notify the subject of
the complaint that a complaint has been made; then complete the investigation and
prepare written findings and conclusions within 60 days of the date the complaint is
received by the Mayor, unless an extension is granted in writing by the Mayor or the City
Attorney, as appropriate. A copy of the written investigation findings and conclusions
shall be provided to the Mayor or City Attorney, as appropriate.
Ethics Code 1 1/12/04 Page 4 of 6
E. Within five 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 2.95.040F,
has lapsed and no such hearing has been requested.
F. The party complained against may, within ten business days following the date
of the recommended disposition which finds a violation of this Code of Ethics, request in
writing a formal hearing before the Hearing Examiner.
G. Within 30 days after the conclusion of the hearing, the Hearing Examiner shall,
based upon a preponderance of the evidence, prepare findings of fact, conclusions of law,
and his /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.
2.95.050 Penalties for Noncompliance
Any person found, by a preponderance of the evidence, to have violated any
provision of this Code of Ethics may be subject to any combination of the following
penalties:
1. A cease and desist order as to violations of this Code of Ethics;
2. An order to disclose any reports or other documents or information
requested by the Mayor, or as requested by the City Attorney in the event the Mayor is
found to have violated any provision of the Code;
3. An order to pay to the City a civil penalty of up to $1,000.00, where it is
determined disciplinary measures are not appropriate under the circumstances;
4. Discipline, up to and including termination or removal from any position
whether paid or unpaid, excluding elected positions, only after notice and hearing as
provided by law. The pre disciplinary procedure 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 five years;
and or
6. Termination or invalidation of contract(s) entered into in violation of the
Code of Ethics, only if such contract(s) provide for termination in the event of a Code of
Ethics violation.
2.95.060 Where to Seek Review
A. Cease and Desist Order. If ordered to cease and desist violating this Code of
Ethics, an affected party may seek review by writ of review 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.
Ethics Code 11/12/04 Page 5 of 6
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 2. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. 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 1 day of I L`E'/
2004.
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk 1 1 1. 0 1
APPROVE S TQ. M BY) Passed by the City Council 11 1 0
Published 11. 19 0/-1
Effective Date: i I 2 r 1-t_
Office of the City ne). Ordinance Number 2.f )1
Ethics Code 11/12/04 Page 6 of 6
allot PVt rem
Ov{ `"ft°�'�
Steven M. Mullet, Mayor
SUMMARY OF ORDINANCE
No. 2068
City of Tukwila, Washington
On November 15, 2004, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2068, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, adopting a
Code of Ethics for City employees; former City employees, and City officials; providing
for severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of November 15, 2004.
J
Published Seattle Times: November 19, 2004'2.. e
e E. Cantu, CMC, City Clerk