Loading...
HomeMy WebLinkAboutOrd 2127 - TMC Chapter 2.95 "Code of Ethics" - Prohibited Conduct and Complaint Process Cover page to Ordinance 2127 The full text of the ordinance follows this cover page. Ordinance 2127 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) A mended Amended by Ord # Section(s) R epealed Repealed by Ord # § 1, 2, 3, 4 2448 City of Tukwila Washington Ordinance No. 2127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2068, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS," RELATING TO PROHIBITED CONDUCT AND THE COMPLAINT PROCESS; 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 WHEREAS, the City desires to update its Code of Ethics to clarify prohibited conduct regarding conflict of interest and the process for complaints against elected officials or appointed board members; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 2.95.010 Amended. Ordinance No. 2068, as codified at Tukwila Municipal Code Section 2.95.010, "Purpose," is 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 officials, whether elected, appointed or hired. City officers and employees shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; they shall avoid any improprieties in their roles as public servants, including the appearance of impropriety; and they shall never use their City 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. Section 2. TMC 2.95.030 Amended. Ordinance No. 2068, as codified at Tukwila Municipal Code Subsection 2.95.030, "Prohibited Conduct," is hereby amended to read as follows: 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the conduct prohibited in TMC 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 C: \Documents and Settings\A1l Users\ Desktop \Kelly \MSDATA \Ordinances \Ethics Code Version A.doc PB:kn 8/4/2006 Page 1 of 5 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, as defined in TMC 8.24.020. 4. Representation of Private Person at City Proceeding Prohibited. No City officer or employee shall appear on behalf of a private person, other than him /herself or an immediate family member, or except as a witness under subpoena, before any regulatory governmental agency or court of law in an action or proceeding to which the City or a City officer in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to appear and /or testify in a legal proceeding on behalf of a labor organization representing employees or seeking to represent employees of the City. 5. Certain Private Employment Prohibited. No City officer or employee shall engage in or accept private employment from or render services for any private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. This provision shall not interfere with an employee's right to engage in off duty employment that is authorized pursuant to a collective bargaining agreement and/or Tukwila Police Department General Orders. 6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council or participate in discussion with or give an official opinion to the City Council, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted on the record of the Council or similar records of the City, prior to consideration of the legislation by the City Council. 7. Disclosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any confidential, privileged or proprietary information, gained by reason of his /her official position, for a purpose which is other than a City purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public upon request. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right of a labor organization to utilize and disclose properly obtained information that the City deems confidential, privileged, or proprietary. 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 C: \Documents and Settings\A1l Users \Desktop\ Kelly \MSDATA \Ordinances \Ethics Code Version A.doc PB:kn 8/3/2006 Page 2 of 5 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. hnproper Use of City Property Prohibited. No City officer or employee shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Use is restricted to such services as are available to the public generally, for the authorized conduct of official City business, and for such purposes and under such conditions as are approved by administrative order of the Mayor; provided, the use of a City vehicle by a City officer or employee participating in a carpooling program established by the City, and for a purpose authorized under such program, shall not be considered a violation of TMC Chapter 2.95 or of any other provision of the TMC. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No City officer or employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward or gratuity, for a matter connected with or related to the officer's or employee's services with the City of Tukwila; except this prohibition shall not apply to: a. Attendance of a City officer or employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, or where official attendance by the officer or employee as a City representative is appropriate; b. An award publicly presented in recognition of public service; or c. Any gift valued at $100.00 or less, which cannot reasonably be presumed to influence the vote, action or judgment of the officer or employee, or be considered as part of a reward for action or inaction. d. An employee serving as a representative of a labor organization and/ or an employee receiving compensation, gifts, or rewards from a labor organization of which he /she is a member. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former officer or employee shall disclose or use any privileged, confidential or proprietary information gained because of his /her City employment. 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. C: \Documents and Settings\A11 Users\Desktop \Kelly\MSDATA \Ordinances \Ethics Code Version A.doc PB:kn 8/3/2006 Page 3 of 5 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. Section 3. TMC 2.95.040 Amended. Ordinance No. 2068, as codified at Tukwila Municipal Code Subsection 2.95.040, "Complaint Process," is hereby amended to read as follows: 2.95.040 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his /her designee(s): 1. Mayor; or 2. City Attorney. B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Mayor. The Mayor shall promptly designate an individual to conduct an investigation of the complaint. However, if the complaint alleges that the Mayor violated this Code of Ethics, then the individual receiving the complaint has an obligation to promptly forward the complaint, in writing, to the City Attorney, who shall designate an individual to conduct an investigation. D. Upon receipt of a complaint regarding an elected official or an appointed member, the City Attorney shall forward a confidential memorandum to all councilmembers informing them that a complaint has been made. E. 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. F. 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 2.95.040H, has lapsed and no such hearing has been requested. G. When the complaint is against an elected official or appointed board member, the investigative findings and conclusions as discussed in TMC 2.95.040(F), as well as the recommended disposition, shall be placed on the next regularly scheduled Council meeting agenda, for informational purposes only. H. 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. 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. I. 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 C: \Documents and Settings\All Users\Desktop\ Kelly \MSDATA \Ordinances \Ethics Code Version A.doc PB:kn 8/8/2006 Page 4 of 5 designee, and the person(s) responsible for acting on the Hearing Examiner's order. In the case of a complaint against an elected official or appointed board member, the Hearing Examiner's findings will be forwarded to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Section 4. TMC 2.95.050 Amended. Ordinance No. 2068, as codified at Tukwila Municipal Code Subsection 2.95.050, "Penalties for Noncompliance," is 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 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. 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 5. 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 6. 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 7TH DAY OF AUGUST, 2006. ATTEST/ AUTHENTIC TED: Jane E. Cantu, CMC, City Clerk 1 APPR D O BY: O ice oe City Attorney Steven M. Mullet, Mayor Filed with the City Clerk Passed by the City Council: Published 1i' °C'k' Effective Dal 1 C� Ordinance Number: 1 j C: \Documents and Settings\All Users \Desktop\Kelly \MSDATA \Ordinances \Ethics Code Version A.doc PB:kn 8/8/2006 Page 5 of 5 SUMMARY OF ORDINANCE No. 2127 City of Tukwila, Washington On August 7, 2006, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2127, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2068, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS," RELATING TO PROHIBITED CONDUCT AND THE COMPLAINT PROCESS; 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 Meet'ng of August 7, 2006. Ticl- Jane E. CMC, City Clerk Published Seattle Times: August 16, 2006