Chapter 2.48
CODE OF ETHICS
Sections:
2.48.010 Declaration of policy.
2.48.030 Use of public property.
2.48.040 Conflict of interest.
2.48.010 Declaration of policy.
The ordinance codified in this chapter is enacted to establish guidelines for ethical standards of conduct which shall govern the performance of city employees engaged in the award and administration of contracts supported by federal funds and to prevent potential conflicts of interest. (Ord. 1481 § 1, 1980).
2.48.020 Definitions.
Definitions as used in this chapter, unless additional meaning clearly appears from the content, shall have the meaning subscribed:
A. “Employee” means any person holding a regularly compensated position of employment with the city of Centralia but does not include members of the city council and persons who serve without compensation on city boards and commissions.
B. “Interest” means direct or indirect pecuniary or material benefit accruing to a city employee as a result of a contract or transaction supported by federal funds which is or may be the subject of an official act or action by or with the city except for such contracts or transactions which confer similar benefits to all other persons and/or property similarly situated. For the purpose of this chapter, an employee shall be deemed to have an interest in the affairs of:
1. Any person of the employee’s immediate family;
2. Any business entity in which the city employee is an officer, director, or employee;
3. Any business entity in which the stock of, or legal or beneficial ownership of, in excess of five percent of the total stock or total legal and beneficial ownership is controlled or owned directly or indirectly by the employee;
4. Any person or business entity with whom a contractual relationship exists with the employee; provided, that a contractual obligation of less than five hundred dollars, or a commercially reasonable loan made in the ordinary course of business or a contract for a commercial retail sale shall not be deemed to create an interest in violation of this chapter. (Ord. 1848 § 16, 1995: Ord. 1481 § 2, 1980).
2.48.030 Use of public property.
No city employee engaged in the award and administration of contracts supported by federal funds shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit. Use is to be restricted to such services as are available to the public generally or for the authorized conduct of official business. (Ord. 1481 § 3, 1980).
2.48.040 Conflict of interest.
No city employee shall engage in any act which is in conflict with, or creates an appearance of conflict with, the performance of his or her official duties in the award and administration of contracts supported by federal funds. An employee shall be deemed to have a conflict of interest if the employee:
A. Receives or has any financial interest in any sale to the city of any service or property when such financial interest was received with the prior knowledge that the city intended to purchase such property or obtain such service;
B. Solicits, accepts or seeks anything of economic value as a gift, gratuity, or favor from any person, firm or corporation involved in a contract or transaction supported by federal funds which is or may be the subject of official action of the city; provided, that the prohibition against gifts or favors shall not apply to:
1. An occasional nonpecuniary gift having a monetary value of ten dollars or less;
2. An award publicly presented in recognition of public service; or
3. Any gift which would have been offered or given to the employee if he or she were not a city employee;
C. Participates in his or her capacity as a city employee in the making of a contract supported by federal funds in which he or she has a private pecuniary interest, direct or indirect, or performs in regard to such a contract some function requiring the exercise of discretion on behalf of the city;
D. Influences the city’s selection of, or its conduct of business with, a corporation, person or firm having business with the city if the employee has financial interest in or with the corporation, person or firm;
E. Engages in, accepts private employment from or renders services for 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. Discloses or uses, without legal authorization, confidential information concerning the property or affairs of the city to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the city;
G. Has a financial or personal interest in any legislation coming before the city council and participates in discussion with or gives an official opinion to the city council unless the employee discloses on the record of the council the nature and extent of such interest. (Ord. 1848 § 17, 1995: Ord. 1481 § 4, 1980).
2.48.050 Violation—Penalty.
A. The violation or failure to comply with any of the provisions of this chapter is declared to be a misdemeanor, and upon conviction shall be punishable by a fine not exceeding five hundred dollars, in addition to any other penalties authorized by law.
B. The city, through the authorized agents, may initiate appropriate civil action against any person who violates or fails to comply with any provision of this chapter.
C. Any employee whose conduct is determined by the city council to be in violation of this chapter may be terminated from employment and/or temporarily suspended with loss of pay up to and including thirty days.
D. Any contract or transaction supported by federal funds which is the subject of an official act or action of the city in which there is an interest prohibited by this chapter, or which involves the violation of a provision of this chapter, shall be voidable at the option of the city. (Ord. 1481 § 5, 1980).