Chapter 2.46
CONDUCT OF PUBLIC OFFICIALS
Sections:
2.46.040 Interest in contracts prohibited – Exceptions.
2.46.060 Personal or private interest (Optional).
2.46.070 Listing of real property.
2.46.080 Abstention at debate.
2.46.100 False charge of misconduct.
2.46.010 Purpose.
This title shall be known as the code of ethics of the city of Fircrest. It is recognized and established that high moral and ethical standards among city officials are vital and essential to provide unbiased, open and honest conduct within all phases and levels of government; that a code of ethics is a helpful aid in guiding city officials and to eliminate actual conflicts of interest in public office and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the city of Fircrest in their local government. (Ord. 858 § 1, 1987).
2.46.020 Definitions.
For the purpose of interpreting and enforcing the code of ethics of the city of Fircrest the following definitions shall apply:
(a) “Compensation” means anything of economic value, however designated, which is paid, loaned, advanced, granted or transferred for or in consideration of personal services to any person.
(b) “Contract” includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing.
(c) “Contracting party” includes any person, partnership, association, cooperative, corporation, whether for profit or otherwise, or other business entity which is a party to a contract with the municipality.
(d) “Public official” means all elected city officials, together with all appointed officers, including their deputies and assistants, who determine or are authorized to determine, policy within their respective office and who exercise or undertake to exercise any powers or functions of a municipal officer. (Ord. 858 § 2, 1987).
2.46.030 Acceptance of gift.
No public official shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value as a gift, gratuity, or favor, from any person if such public official has reason to believe the donor would not grant or give such a gift, gratuity or favor but for the public official’s office or position within the city of Fircrest. (Ord. 858 § 3, 1987).
2.46.040 Interest in contracts prohibited – Exceptions.
No public official shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of such public official, in whole or in substantial part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (Ord. 858 § 4, 1987).
2.46.050 Remote interests.
(a) A municipal officer shall not be deemed to be interested in a contract within the meaning of this chapter if he has only a remote interest in the contract and if the fact and extent of such interest is disclosed to the governing body of the city and noted in the official minutes or similar records of the city prior to the 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 or votes of the officer having the remote interest. As used in this section, a “remote interest” is:
(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 or cooperative which is a contracting party.
(b) None of the provisions of this section shall be applicable to any officer interested in a contract, though his interest be only remote, who influences or attempts to influence any other officer of the city to enter into a contract. (Ord. 858 § 5, 1987).
2.46.060 Personal or private interest (Optional).
(a) Every public official who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding or other action pending before the city council or any of its committees, shall promptly disclose such interest at the first public meetings when such matter is being considered by the city council, on the records of the official council minutes, the nature and extent of such personal or private interest and the same shall be incorporated in the official minutes of the city council proceedings. Such disclosure shall include, but not be limited to, the following information which shall be submitted in writing by the public official, sworn to under penalty of perjury, to wit:
(1) The name and address of any private business corporation, firm or enterprise affected by such council action of which the public official is or has been during the preceding 12 months a shareholder, bondholder, secured creditor, partner, joint entrepreneur or sole proprietor, whenever the total value of his individual or undivided legal and equitable financial interest therein is or at any time during the preceding 12 months has been in excess of $1,500.
(2) The name of any such private business or corporation, firm or enterprise of which such public official or his relatives are or have been during the preceding 12 months as officer, director, partner, attorney, agent, or employee, who, for services rendered during such preceding 12 months or to be rendered in any such capacity, has received or has been promised compensation in excess of $1,500.
(3) Every official or directorship held by such public official or his spouse in any corporation, partnership, sole proprietorship or like business enterprise, which conducts its business activities within the boundaries of the city of Fircrest and which is subject to any regulation or control by the city of Fircrest, and from which such public official has received compensation or has been promised compensation during the preceding 12-month period in excess of $1,500, or services or any other thing of value in excess of said amount.
(b) The foregoing provisions shall not apply to policies of life insurance issued to such public official or his spouse or members of his family, accounts in any commercial bank, savings and loan association or credit union, or similar financial institutions subject to regulation by the state of Washington or any other governmental agency having jurisdiction thereover. (Ord. 858 § 6, 1987).
2.46.070 Listing of real property.
Every public official of the city of Fircrest shall file with the city clerk a list containing a correct legal description of any and all real property located within the city limits in which any such public official has any interest whatsoever, as owner, purchaser, optionee, optionor, or any other proprietary interest, whenever such proprietary interest is in excess of $1,500. The section does not apply to the resident’s home of such official. (Ord. 858 § 7, 1987).
2.46.080 Abstention at debate.
Any such public official who is disqualified by reason of such personal, private or similar conflict of interest in any matter as defined, in this chapter, shall, after having made the required disclosure as set forth in this chapter, remove himself from his customary seat during such debate and, by permission of the presiding officer, leave the council chamber until such time as the matter at hand, from which such public official has been disqualified, has been disposed of in the regular course of business. (Ord. 858 § 8, 1987).
2.46.090 Confidentiality.
No public official shall disclose confidential information acquired by him by reason of his official position, nor shall he otherwise use such information for his personal gain and benefit. (Ord. 858 § 9, 1987).
2.46.100 False charge of misconduct.
Any person charging misconduct on the part of any public official, knowing such charge to be false or to have been recklessly made without a reasonable attempt to determine relevant facts and circumstances, shall be guilty of a misdemeanor. (Ord. 858 § 10, 1987).
2.46.110 Violation – Penalty.
Any contract made in violation of the provisions of this act shall be void and the performance thereof, in full or in part, by a contracting party shall not be the basis of any claim against the city. In addition, any officer violating the provisions of this act shall be liable to the city of Fircrest for a penalty in the amount of $500.00, in addition to such other civil or criminal liability as may otherwise be imposed upon him by law. In addition to all other penalties, civil or criminal, the violation by any public officer of the provisions of this chapter shall work a forfeiture of his office. (Ord. 858 § 11, 1987).