Chapter 2.78
CODE OF ETHICS
Sections:
2.78.010 Code of ethics—Purpose.
2.78.040 Confidential information—Disclosure prohibited.
2.78.050 Conduct of council members.
2.78.060 Conduct of board, commission and committee members.
2.78.070 Council ethics and administration committee.
2.78.080 Violation and penalties.
2.78.090 Penalties for noncompliance.
2.78.010 Code of ethics—Purpose.
In keeping with the policies declared by the State Legislature in enacting codes of ethics for state officials, it is recognized that high moral and ethical standards among city officials are equally essential to the conduct of local government; that a code of ethics for the guidance of city officials is necessary in order to prevent conflicts of interest in public office, improve standards of public service, and promote and strengthen the faith and confidence of the people of the city in their governing body. The council ethics and administration committee will initially receive and process complaints or allegations of violations of the city of Battle Ground’s code of ethics. (Ord. 10-07 § 1, 2010)
2.78.020 Definitions.
The following words and phrases as used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings:
A. “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.
B. “City-elected official” means any person who is elected at a general or special election to any public office of the city of Battle Ground and any person appointed to fill a vacancy in any such office.
C. “City officer or employee” means every individual appointed, hired, or otherwise selected to an office, position, committee, board, task force, or similar multi-member body with the city, or any subdivision thereof, whether such individual is paid or unpaid; provided, that “city officer or employee” shall not mean or include a city-elected official.
D. “City official” means both a city-elected official and a city officer or employee.
E. “Compensation” means payment in any form for real or personal property or services of any kind.
F. “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 relating to official city business, where otherwise permitted by law.
G. “Family” means spouses, children, dependents, parents, siblings, aunts, uncles, nieces, nephews, cousins, grandchildren, grandparents, sons-in-law, daughters-in-law, sisters-in-law, and brothers-in-law, and anyone residing in the person’s household.
H. “Immediate family” shall mean spouse and dependent child.
I. “Person” means any individual or corporation, business, or other entity, however constituted, organized, or designated. (Ord. 22-12 § 2, 2022; Ord. 10-07 § 2, 2010)
2.78.030 Prohibited conduct.
The following shall constitute violations of this code of ethics:
A. 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 official should be involved in any activity that might be seen as conflicting with the conduct of official city business or as adverse to the interests of the city. Even the appearance of the following prohibited conduct alone may be sufficient to constitute a violation of this code of ethics.
B. Beneficial Interests in Contracts Prohibited. No city official shall participate in his or her capacity as a city official in the making of a contract in which he or she has a financial interest, direct or indirect, or performs in regard to such a contract some function requiring the exercise of discretion on behalf of the city. Except, that this prohibition shall not apply where the city 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 city council authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer(s) having the remote interest. For purposes of this section, a “remote interest” means:
1. That of a nonsalaried officer of a nonprofit corporation;
2. 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;
3. That of a landlord or tenant of a contracting party;
4. That of a holder of less than one percent of the shares of a corporation, limited liability company, or other entity which is a contracting party.
C. Beneficial Influence in Contract Selection Prohibited. No city 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 city 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, as defined in subsection B of this section.
D. Representation of Private Person at City Proceeding Prohibited. No city official shall appear on behalf of a private person, other than himself or 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 official in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the city.
E. Certain Private Employment Prohibited. No city official shall engage in or accept private employment, 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.
F. Beneficial Interest in Legislation Prohibited. No city 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 and 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.
G. Improper Use of Position Prohibited. No city official shall knowingly use his or her office or position to secure personal benefit, gain or profit, or use his or her position to secure special privileges or exceptions for himself, herself, or for the benefit, gain, or profits of any other persons.
H. Improper Use of City Personnel Prohibited. No city official shall employ or use any person under his or her official control or direction for the personal benefit, gain, or profit of the city official or another.
I. Improper Use of City Property Prohibited. No city official 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 business, and for such purposes and under such conditions as are approved by administrative order of the city manager or designee; provided, the use of a city vehicle by a city 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 this section or of any other provision of this chapter.
J. Acceptance of Compensation, Gifts, Favors, Rewards, or Gratuity Prohibited. No city 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 city official’s services with the city of Battle Ground, except this prohibition shall not apply to:
1. Attendance of a city 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 city official as a city representative is appropriate;
2. An award publicly presented in recognition of public service; or
3. Any gift valued at fifty dollars or less, which cannot reasonably be presumed to influence the vote, action, or judgment of the city official or be considered as part of a reward for action or inaction.
K. Impermissible Conduct After Leaving City Service.
1. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former city official shall disclose or use any privileged, confidential, or proprietary information gained because of his or her city employment or office.
2. Participation in City Matters Prohibited. No former city official shall, during the period of one year after leaving city office or employment:
a. Assist any person in matters involving the city if, while in the course of duty with the city, the former city official was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter;
b. Represent any person as an advocate in any matter in which the former city official was involved while a city official; or
c. Participate as or with a bidder, vendor, or consultant in any competitive selection process for a city contract in which he or she assisted the city in determining the project, or work to be done, or the process to be used.
3. Duty to Inform. Whenever a city official wishes to contract with a former city official for expert or consultant services within one year of the latter’s leaving city service or office, advance notice shall be given to the city manager about the proposed agreement.
4. Exceptions. The prohibitions of subsections (K)(2)(a) and (b) of this section shall not apply to a former city official acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the city. (Ord. 10-07 § 3, 2010)
2.78.040 Confidential information—Disclosure prohibited.
No public official or public employee shall, except as required in the performance of his/her duties, or in the course of any conduct reasonably believed to be in the performance of his duties, disclose confidential information gained by reason of his/her official position, nor shall he/she otherwise use the information for his personal interest. Confidential information shall include:
A. Personnel information applications, and any files maintained for city employees, appointees or elected officials;
B. Information required of any taxpayer or city license holder in connection with the assessment or collection of any tax or license fee if the disclosure of the information to other persons would tend to violate the taxpayer or licensee’s right to privacy or may result in unfair competitive disadvantage to such taxpayer or licensee;
C. Specific intelligence information and specific investigative files compiled by investigative law enforcement and penology agencies and those state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy;
D. Information revealing the identity of persons who file complaints with investigative law enforcement or penology agencies; except as the complainant may authorize;
E. Test questions, scoring keys and other examination data used to administer license, employment or civil service examination;
F. Except as provided by Chapter 8.26 RCW, the contents of any real estate appraisals made for or by any agency, including the city relative to the acquisition of property by the city until the project is abandoned or until such time as all of the property has been acquired, but in no event shall disclosure be denied for more than three years after the date of the appraisal;
G. Valuable formula, designs, drawings and research data obtained or produced by the city, its officers, employees and agents within five years of any request for disclosure thereof, when disclosure would produce private gain and public loss;
H. Preliminary drafts, notes, recommendations and intra-agency memorandums in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
I. Records which are relevant to a controversy to which the city or any of its officers, employees or agents is a party and would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts;
J. Any other information as is declared confidential by other specific statutes;
K. The confidential areas hereinabove listed shall be inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interest, can be deleted from the specific records sought. (Ord. 10-07 § 4, 2010)
2.78.050 Conduct of council members.
Council members will hereafter conduct themselves according to the following rules of conduct as they pertain to work for and on behalf of the city of Battle Ground:
A. A council member shall maintain decorum and set an example for conduct when the council member represents the city. Council members shall conduct themselves so as not to bring disgrace or embarrassment upon the city.
B. A council member shall always represent that opinions stated are the member’s own and do not necessarily represent those of the council unless the council has voted and passed an ordinance, resolution or motion that so states the expressed policy.
C. A council member must obtain approval of the council by motion to represent the city to any organization if the city financially supports the organization.
D. A council member shall not divulge the discussions held in authorized executive session until or unless:
1. The discussions have become public by some other means of which the council member is not a voluntary participant;
2. The council itself has made the discussion public; or
3. The reason for secrecy has passed.
E. A council member shall make public any conflict of interest the member has with respect to any issue under consideration by the council. The nature of such conflict need only be described in terms that make clear the existence of a conflict. The council member shall not participate in discussions of the subject and shall not vote on it if:
1. The council member has a personal, financial or property involvement in the subject;
2. The council member has close professional affiliation to the participants; or
3. The ordinances of the city of Battle Ground or the statutes of the state of Washington prohibit the member’s involvement. If the council member has only a casual association with the subject or parties, the member must state the relationship, and then may fully participate.
F. A council member shall not use his/her office for personal gain, especially financial gain, including particularly the acceptance of gifts and gratuities.
G. A council member shall not make false statements on which the council, city staff or other agencies rely to establish policy or make important decisions. A council member violates this rule if he/she knows it is untrue, or if the person has knowledge that would lead a reasonable person of ordinary prudence to conclude that the statement is untrue. (Ord. 10-07 § 5, 2010)
2.78.060 Conduct of board, commission and committee members.
Members of council-appointed boards, commissions and committees (hereinafter referred to as members) shall hereafter conduct themselves according to the following rules of conduct as they pertain to work for, and on behalf of, the city of Battle Ground:
A. A member shall maintain decorum and set an example for conduct when the member represents the city. Members shall conduct themselves so as not to bring disgrace or embarrassment upon the city.
B. A member shall always represent that opinions stated are the member’s own and do not necessarily represent those of the board, commission or committee of which he/she is a member unless the body has voted and approved a motion, resolution or other action supporting such statements.
C. All motions, resolutions, and other actions of boards, commissions, and committees shall be consistent with council policy unless the intent of such an action is to recommend a change in policy to the council.
D. A member may write letters and direct other communications to citizens and others about matters related to the member’s board, commission, or committee. However, the form and language must clearly state that opinions are those of the member unless the body or council has taken some official action. Such letters shall not promise or imply that the city or any of its subsidiary organizations will make any particular decision or undertake any particular activity. The member shall sign his/her name as “chairperson,” “vice-chairperson” or “board/commission/committee member,” as applicable, on written communications. Additionally, the member shall copy the rest of board, commission or committee they are seated on and the city staff member assigned to the board, commission or committee.
E. A member must obtain approval of the member’s board, commission or committee, by motion, to represent the body to any other organization. The city council must approve if:
1. The purpose is to participate in decision making; and/or
2. The member intends to travel outside the Clark County area on city business.
F. A member shall not divulge the discussions held in executive session until or unless:
1. The board, commission or committee itself, or the city council, has made the discussion public; or
2. The reason for the secrecy has passed.
G. A member shall make public any conflict of interest the member has with respect to any issue under consideration by the member’s board, commission or committee. The nature of such conflict need only be described in terms that make clear the existence of a conflict. A member shall not participate in discussions of the subject and shall not vote on it if:
1. The member has a personal, financial or property involvement in the subject;
2. The member has close professional or affiliation to the participants; or
3. The ordinances of the city of Battle Ground or the statutes of the state of Washington prohibit the member’s involvement. If the member has only a casual association with the subject or parties, the member must state the relationship and then may fully participate.
H. A member shall not use his/her position for personal gain, especially financial gain, including particularly the acceptance of gifts or gratuities.
I. A member shall not intentionally make false statements on which his/her board, commission or committee, or the city council, city staff or other agencies rely in conducting the business of the city. A member violates this rule if he/she knows the statement is untrue, or if the person has knowledge that would lead a reasonable person of ordinary prudence to conclude that the statement is untrue. (Ord. 10-07 § 6, 2010)
2.78.070 Council ethics and administration committee.
The city council will implement a council ethics and administration committee which will consist of the mayor and two other city council members. Biennially, at the first meeting of the new council, the members thereof shall choose the two council members that will serve on the committee in addition to the mayor. If any of those three committee members are the subject of an alleged violation of the rules, then they shall be replaced by another sitting city council member. The council shall nominate and vote on a replacement committee member. (Ord. 22-12 § 2, 2022; Ord. 10-07 § 7, 2010)
2.78.080 Violation and penalties.
The following procedure will be implemented by the council ethics and administration committee when an alleged violation of the rules stated in BGMC 2.78.030 occurs:
A. Any council member who believes that another council member, or member of a council-appointed board, commission, or committee, has violated the code of ethics, or any member of a board, commission, or committee who believes another member of his/her board, commission or committee has violated the code of ethics, shall submit a written statement of the purported violation to the council ethics and administration committee.
B. The committee shall review the violation to determine whether adequate reasons exist to bring formal charges. The violator shall remove himself/herself from the committee if a member and the council shall substitute another council member for the review.
C. The committee shall come to one of the following conclusions:
1. There is insufficient evidence to conclude that any particular violation has occurred. In this case, the committee shall keep any records confidential to the extent allowed by law.
2. The committee concludes there may have been a violation, in which case the committee may call for full review by the council.
D. If, after full review by the council, the council determines that a violation of the code of ethics has occurred, it shall issue written findings of fact, conclusions, and a recommended disposition. Said written findings of fact, conclusion, and recommended disposition shall be forwarded to the complaining party and the subject of the investigation. Additional copies shall be forwarded to the city attorney.
E. If the council determines that a violation of the code of ethics occurred, the council shall review and discuss the written findings of fact, conclusions, and a recommended disposition at the next regularly scheduled city council meeting. Any penalty for a violation of the code of ethics must be approved by a majority vote of the council. If the city council determines that no violation of the code of ethics occurred, no action shall be taken.
F. After a complaint has been filed and during the pendency of a complaint, members of the city council shall not communicate directly or indirectly with any party or other person about any issue of fact or law regarding the complaint, except as part of the investigation or disposition of the complaint. (Ord. 22-12 § 2, 2022; Ord. 10-07 § 8, 2010)
2.78.090 Penalties for noncompliance.
A. Any city official found to have violated any provisions of the code of ethics may be subject to one or more of the following penalties, subject to approval of the majority of city 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 by the city manager, the city council, or the ethics committee;
3. 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;
4. Exclusion from bidding on city contracts for a period of up to five years; and/or
5. 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. Removal—Member of Board, Commission, or Committee. In addition to any other penalties that may be imposed under this chapter and notwithstanding any other provisions of city ordinance, the city council may, for cause and by a majority vote of the city council, remove from office any person who is currently a member of a city board, commission, committee, task force, or other multi-member body. Prior to implementation of such removal, the city council shall provide notice to the person subject to removal and hold a public hearing. The findings and conclusions and disposition of the city council shall be based upon evidence in the record. The provisions of this section shall supplement any other procedures required by the Battle Ground Municipal Code, Governance Coordination Manual, or other applicable state or federal law for removal of such persons.
C. In addition to any other penalties set forth in this chapter, any current or former city-elected official against whom a complaint has been made and whom the city council determines to be found by a preponderance of the evidence to have violated the code of ethics may be subject to any one or more of the following actions by a majority vote of the city council:
1. Admonition. An admonition shall be a verbal statement approved by the city council and made to the individual by the mayor, or his or her designee, or if the complaint is against the mayor, the deputy mayor, or his or her designee.
2. Reprimand. A reprimand shall be administered to the individual by a resolution of reprimand by the city council. The resolution shall be prepared by the city council and shall be signed by the mayor or, if the complaint is against the mayor, the deputy mayor. If the city-elected official objects to the content of such resolution, he or she may file with the mayor or, if the complaint is against the mayor, the deputy mayor, a request for review stating the reasons for his or her objections and asking for a review of the content of the resolution of reprimand by the city council. The city council shall review the resolution of reprimand in light of the city council’s findings and the request for review and may take whatever action, if any, appears appropriate under the circumstances. The action of the city council shall be final and not subject to further review or appeal except as may be otherwise provided by law.
3. Censure. A resolution of censure shall be a resolution read personally to the individual in public. The resolution shall be prepared at the direction of city council and shall be signed by the mayor or, if the complaint is against the mayor, the deputy mayor. The city-elected official shall appear at a city council meeting at a time and place directed by the city council to receive the resolution of censure. Notice shall be given at least twenty calendar days before the scheduled appearance, at which time a copy of the proposed resolution of censure shall be provided to the city-elected official. Within seven days of receipt of the notice, if the city-elected official objects to the contents of such resolution, he or she may file with the mayor or, if the complaint is against the mayor, the deputy mayor, a request stating the reasons for objections and asking for a review of the content of the proposed resolution of censure by the city council. Such request will stay the administration of the censure. The city council shall review the proposed censure in light of the city council’s findings and the request for review and may take whatever action, if any, appears appropriate under the circumstances. The action of the city council shall be final and not subject to further review or appeal except as may be otherwise provided by law. If no such request is received, the resolution of censure shall be administered at the time and place set. It shall be read publicly, and the city-elected official shall not make any statement in support of or in opposition thereto, or in mitigation thereof. A censure shall be administered at the time it is scheduled whether or not the individual appears as required.
4. Other Penalties. Imposed penalties may also include: loss of a committee assignment, or loss of appointment as a representative of the city on any board, commission, committee, task force, or other multi-member bodies which require an appointment or confirmation of an appointment by the city council. If the city-elected official objects to the action taken by the city council, he or she may file a request with the mayor or, if the complaint is against the mayor, the deputy mayor, stating the reasons for his or her objections and asking for a review of the action taken. The city council shall review the action taken in light of the city council’s findings and request for review and may take whatever further action, if any, appears appropriate under the circumstances. The action of the city council shall be final and not subject to further review or appeal except as may be otherwise provided by law. (Ord. 22-12 § 2, 2022; Ord. 10-07 § 9, 2010)
2.78.100 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. (Ord. 10-07 § 10, 2010)