Chapter 2.02
CODE OF ETHICS
Sections:
2.02.010 Declaration of purpose.
2.02.030 Private gain prohibited.
2.02.060 Prohibited contracts void—Penalties.
2.02.010 Declaration of purpose.
It is declared that high moral and ethical standards among public servants are essential to the conduct of free government; that a code of ethics for the guidance of public officers and employees is necessary in order to eliminate conflicts of interest in public office, of public service, and promote and strengthen the faith and confidence of the people of Kelso in their government. In furtherance of the mandate of the people contained in Section 7.01, Kelso City Charter, there is established a code of ethics and conflict of interest policy for the city. (Ord. 3270 § 1, 1995)
2.02.020 Definitions.
For the purpose of this chapter:
“Municipal officer,” “officer” and “city official” each include all elected and appointed officers of the city, together with all deputies and assistants of such an officer, and all persons exercising or undertaking to exercise any of the powers or functions of a municipal officer.
“Contract” includes any contract, sale, lease or purchase.
“Contracting party” includes any person, partnership, association, cooperative, corporation or other business entity which is a party to a contract with the city or is actively seeking a specific contractual relationship with the city or a person acting on behalf thereof.
“Private gain” means any compensation, gratuity or reward in connection with a contract as the result of an act or failure to act by a city official in his/her official capacity flowing from a contracting party to said official directly or indirectly.
“Major decision-making authority” means the power to authorize those contracts not exempted by Section 2.80.050, which are classified as minor contracts. (Ord. 3270 § 2, 1995)
2.02.030 Private gain prohibited.
The use of public office for private gain is prohibited. Prohibited conduct shall include, but not be limited to:
A. Acting in an official capacity in matters in which the official has a private, financial interest clearly separate from that of the general public;
B. Accepting gifts or other things of value from a contracting party resulting in private gain;
C. Acting in a private capacity for private gain on matters dealt with as a public official;
D. Using confidential information acquired as a city official for any type of private gain;
E. Appearance by a city official before other city agencies on behalf of private interests. This prohibition shall not preclude such official from so appearing as a private citizen on his/her own behalf. (Ord. 3270 § 3, 1995)
2.02.040 Exceptions.
Section 2.02.030 shall not apply in the following cases:
A. The furnishing of utility services by the city at the same rates and on the same terms as are available to the public generally;
B. The designation of public depositories for municipal funds;
C. The publication of legal notices required by law to be published by any municipality, upon competitive bidding or at rates not higher than prescribed by law for members of the general public;
D. To a city official with only a remote interest as defined in Section 2.02.050. (Ord. 3270 § 4, 1995)
2.02.050 Remote interests.
A city official shall not be deemed to be interested in a contract, within the meaning of this chapter, if he/she has only a remote interest in the contract and if the fact and extent of such interest is disclosed to the city council and made a matter of record prior to the formation of the contract, and thereafter the 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 having the remote interest. As used in this section, “remote interest” means:
A. That of a nonsalaried 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;
D. That of a holder of less than one percent of the shares of a corporation or cooperative which is a contracting party.
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 or refrain from entering into a contract. (Ord. 3270 § 5, 1995)
2.02.060 Prohibited contracts void—Penalties.
Any contract made in violation of the provisions of this chapter shall be void and the performance thereof in full or in part by a contracting party shall not be the basis for any claim against the city. Any officer violating the provisions of this chapter shall be liable to the city for a penalty in the amount of three hundred dollars, in addition to such other civil or criminal liability or penalty as may otherwise be imposed by law.
In addition to all other penalties, civil or criminal, the violation by any official of the provisions of this chapter shall work a forfeiture of his office. (Ord. 3270 § 6, 1995)
2.02.070 Public disclosure.
City officials with major decision-making authority over monetary expenditures and contractual matters shall make, upon demand by any interested person, a public disclosure of their private finances. Compliance by elected officials with RCW 42.17 shall constitute compliance herewith. (Ord. 3270 § 7, 1995)
2.02.080 Criminal penalty.
Intentional violations of any provisions of this chapter shall constitute a gross misdemeanor and be punished by confinement up to one year in jail and/or by a fine up to five thousand dollars. (Ord. 3270 § 8, 1995)