Chapter 2.12
CITY COUNCIL
Sections:
2.12.010 Meeting time and place.
2.12.020 City councilmembers’ compensation.
2.12.040 Reimbursement for expenses.
2.12.050 Code of ethics—Purpose.
2.12.055 Code of ethics—Definitions.
2.12.060 Code of ethics—Prohibited conduct.
2.12.065 Code of ethics—Complaint process and enforcement.
2.12.070 Penalties for noncompliance.
2.12.075 Frivolous complaints.
2.12.010 Meeting time and place.
The regular meeting of the city council shall be held on the second and fourth Tuesdays of each month at six p.m. in the Ocean Shores Convention Center, unless another time and place of meeting are specially designated; provided, however, should any regular council meeting fall on any legal holiday, then the meeting shall be held at the same time and place on the next regular business day. (Ord. 1112 § 1, 2024; Ord. 895 § 1, 2011: Ord. 884 § 1, 2010: Ord. 594 § 1, 1996: Ord. 465 § 1, 1988: Ord. 407 § 1, 1985)
2.12.020 City councilmembers’ compensation.
City councilmembers elected or appointed to serve city council terms commencing on or after January 1, 2000, shall be compensated for services rendered to the city at the rate of three hundred fifty dollars per month. City councilmembers elected or appointed to serve city council terms commencing before January 1, 2000, shall be compensated for services rendered to the city at the rate of one hundred dollars per month. (Ord. 662 § 1, 1999: Ord. 412 § 1 (part), 1985: Ord. 122 § 1, 1974)
2.12.040 Reimbursement for expenses.
Councilmembers shall receive reimbursement for the actual and necessary expenses incurred in the performance of the duties of their office upon presentation of claim and approval thereof by the city council. (Ord. 407 § 2, 1985: Ord. 122 § 3, 1974)
2.12.050 Code of ethics—Purpose.
A. It is the purpose of the city of Ocean Shores code of ethics to uphold, promote and demand the highest standard of ethics from all its elected or appointed city councilmembers. Elected or appointed city councilmembers shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; avoid any improprieties or material misrepresentations regarding their roles or authority as public servants, as defined herein; and never use their city positions or powers for improper personal gain.
B. It is the intention of the city council that it protect the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this code of ethics.
C. This chapter is intended to supplement Washington State law, including but not limited to Chapter 42.23 RCW, the United States and Washington State Constitutions, laws pertaining to conflicts of interests and elections campaigns, and city ordinances. If there is a conflict with Washington State law, state law shall be followed.
(Ord. 1122 § 1, 2024)
2.12.055 Code of ethics—Definitions.
A. As used in this chapter, the following words shall have the following meanings, unless the context clearly indicates otherwise:
1. “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.
2. “Compensation” means payment in any form for real or personal property or services of any kind.
3. “Elected or appointed official” means every individual elected to or appointed to the city council.
4. “Ethics committee” means two community members and one councilmember selected through an electronic randomizer.
5. “Family” means spouses, children, dependents, parents, siblings, aunts, uncles, nieces, nephews, cousins, grandchildren, grandparents, son-in-law or daughter-in-law, brother-in-law or sister-in-law, and anyone residing in the person’s household and shall be applied consistent with RCW 42.23.900.
6. “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 expenses, including travel, entertainment, meal, and refreshment expenses incurred in connection with appearances, ceremonies, and occasions reasonably related to official city business, or where otherwise permitted by law.
7. “Immediate family” shall mean spouse and dependent children.
8. “Person” means any individual, corporation, business or other entity, however constituted, organized or designated.
(Ord. 1122 § 2, 2024)
2.12.060 Code of ethics—Prohibited conduct.
A. The following shall constitute violations of the city’s code of ethics:
1. General Prohibition against Conflicts of Interest. To avoid becoming involved or implicated in a conflict of interest or impropriety, no current elected or appointed official shall be involved in any activity that is in conflict with the conduct of official city business or is adverse to the interests of the city.
2. Beneficial Interests in Contracts Prohibited. No elected or appointed official shall participate in his/her capacity as an elected or appointed official in the making of a contract in which she/he has a financial interest, direct or indirect. This shall include any contract for 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; provided, however, that this prohibition shall not apply where the elected or appointed 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 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 official(s) having the remote interest. For purposes of this chapter, a “remote interest” means:
a. That of a nonsalaried officer of a nonprofit corporation; or
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; or
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 elected or appointed 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 elected or appointed 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.
4. Gifts and Favors. Officials shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, which are not available to the public in general. They may not solicit or receive any thing of monetary value from any person or entity where the thing of monetary value has been solicited, or received or given or, to a reasonable person, would appear to have been solicited, received or given with intent to give or obtain special consideration or influence as to any action by the official in their official capacity; provided, that nothing shall prohibit campaign contributions which are solicited or received and reported in accordance with applicable law. They shall not accept or solicit any gifts, favors or promises of future benefits.
5. Representation of Private Person at City Proceeding Prohibited. No elected or appointed official 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 an elected or appointed official in an official capacity is a party or accept a retainer or compensation that is contingent upon a specific action by the city.
6. Certain Employment Prohibited. No elected or appointed official shall engage in or accept employment from – or render services for – any 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. However, holding any other elected public office at the same time is a violation of the ethics code, regardless of whether the doctrine of incompatible offices is applicable.
7. Beneficial Interest in Legislation Prohibited. No elected or appointed 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 or participate in any 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.
8. Disclosure of Confidential Information Prohibited. No elected or appointed official 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, however, 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.
9. Concealment of Public Records Prohibited. No elected or appointed official may intentionally destroy public records or conceal a record if the elected or appointed official knew the record was required to be released under the Public Records Act, was under a personal obligation to release the record, and failed to do so. This subsection does not apply where the decision to withhold the record was made in good faith after consultation with the city attorney’s office and the city’s public records officer.
10. Use of Email. No elected or appointed official may use a non-city email account to conduct city business, with the intent to avoid records being preserved as required by law. All emails sent or received from a non-city email account related to city business must be preserved pursuant to city records retention policies.
11. Improper Use of Position Prohibited. No elected or appointed official shall knowingly use his/her office or position to secure personal benefit, gain or profit, or use his/her position to secure special privileges or exceptions for him/herself, or for the benefit, gain or profits of any other persons consistent with RCW 42.23.070.
12. Improper Interference with the City Administration. Councilmembers shall not interfere with the duties of the city administration.
13. Improper Use of City Property Prohibited. No elected or appointed official shall use city-owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Such use is restricted to those services which are available to the public generally, for the authorized conduct of official city business.
14. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No elected or appointed 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 elected or appointed official’s services with the city of Ocean Shores; provided, however, that this prohibition shall not apply to:
a. Attendance by an elected or appointed 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 elected or appointed official as a city representative is appropriate;
b. An award publicly presented in recognition of public service; or
c. Any gift valued at fifty dollars or less, which gift cannot reasonably be presumed to influence the vote, action or judgment of the elected or appointed official, or be considered as part of a reward for action or inaction. The following are presumed not to influence the vote, action or judgment of the elected or appointed official, or be considered as part of a reward for action or inaction, to allow an official or employee to receive or accept them:
i. Unsolicited advertising or promotional items of nominal value, such as pens and notepads;
ii. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
iii. Unsolicited items received for the purpose of evaluation or review, if the recipient has no personal beneficial interest in the eventual use or acquisition of the item;
iv. Informational material, publications, or subscriptions related to the recipient’s performance of official duties;
v. Food and beverages consumed at hosted receptions where attendance is related to the recipient’s official duties;
vi. Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization;
vii. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;
viii. Payments for seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution; and
ix. Food and beverages on infrequent occasions in the ordinary course of meals where attendance is related to the performance of official duties.
d. The presumption in subsection (A)(14)(c) of this section is rebuttable and may be overcome by clear and convincing evidence based on the circumstances surrounding the giving and acceptance of the item.
15. Professional and Respectful Environment.
a. Refrain from engaging in hostile, intimidating, or unlawful activities or behaviors that may amount to discrimination, harassment, or bullying.
b. Refrain from hostile or intimidating activities which publicly hold city employees or other councilmembers up to ridicule.
(Ord. 1122 § 3, 2024)
2.12.065 Code of ethics—Complaint process and enforcement.
A. A complaint that this code of ethics has been violated shall be filed with the city clerk. The subject of the complaint shall be sent a copy of the complaint by the city clerk. All complaints shall be subject to the following requirements:
1. The complaint must be based upon facts within the personal knowledge of the complainant.
2. The complaint must be submitted in writing with all supporting documentation including but not limited to video and audio evidence. The complaint must also be submitted and signed under oath by the complainant utilizing a form recognized as Exhibit A and filed no more than one year from the date of the alleged violation.
3. The complaint must include a detailed factual description of the alleged violation(s) including the date, time and place of each occurrence and the name of the person or persons who are alleged to have committed the violation(s). The complaint must also refer to the specific provisions of the code of ethics which are alleged to have been violated.
4. The complaint must be accompanied by all available documentation including but not limited to audio and video evidence or other evidence known to the complainant to support the allegations of the complaint.
5. The complaint must set forth the complainant’s standing. A complainant must demonstrate that they hold a current city business license, are currently employed within the city, or are a resident or property owner within the city.
B. No person shall knowingly file a false or frivolous complaint, or a false or frivolous report of violation of this code of ethics.
C. Any complaint that this code of ethics has been violated shall be reviewed by the city clerk or designee for a determination of completeness. A complaint shall be deemed complete only if it includes all information required under subsection (A) of this section and is signed and dated by the complainant. The initial determination shall be documented in writing within fifteen business days of the city’s receipt of the complaint, unless a longer time is deemed warranted by the city clerk based on circumstances. The city clerk’s, or city clerk’s designee’s, initial determination regarding completeness is final. If a complaint is incomplete, the city clerk or designee shall reject the complaint. If after reviewing the complaint the city clerk or designee determines the complaint is complete, the city clerk will do the following to form the ethics committee:
1. The pool of preapproved community members shall be appointed by the mayor pro tem and the ad hoc committee with council consensus to create the ethics committee. Each community member appointed will serve a one-year term from the date of appointment with a one-year reappointment option;
2. Submit the pre-approved community members into an electronic randomizer to select two community members to serve on the ethics committee;
3. Submit the pre-approved councilmembers into an electronic randomizer to select one councilmember to serve on the ethics committee; and
4. Within five business days of the city clerk or city clerk’s designee’s determination that the complaint is complete, the city clerk’s office shall provide the complaint to the designated ethics committee.
The ethics committee designated to conduct the review shall meet to review the complaint within fifteen business days of receipt. The ethics committee shall complete the review and prepare written findings, conclusions, and recommended disposition including all applicable penalties, as soon as practicable, but no later than thirty business days of the date of the city clerk’s referral of the complaint to the ethics committee unless an extension is granted by the mayor pro tempore. A copy of the written review findings and conclusions shall be provided to the city clerk.
Within five business days of receipt of the ethics committee written findings, conclusions, and recommended disposition, the city clerk shall forward a copy to the city council. The city clerk shall also forward a copy to the complainant.
After a complaint has been filed and during the council review of the complaint, members of the city council shall not discuss, directly or indirectly, with any party or other member, any issue or fact or law regarding the complaint, except as part of the review or disposition of the complaint by the ethics committee.
D. If the ethics committee determines that a violation of the code of ethics occurred, the council shall review and discuss the written findings of fact, conclusions and recommended disposition at the next regularly scheduled council meeting. Any finding and any approved recommended penalty for violation of the code of ethics must be approved by majority vote of the council. If the ethics committee determines that no violation of the code of ethics occurred, no action shall be taken by the city council.
E. Neither the city nor any elected or appointed official may take or threaten to take, directly or indirectly, official or personal action, including but not limited to discharge, discipline, personal attack, harassment, intimidation, or change in job, salary, or responsibilities, against any person because that person filed a complaint.
(Ord. 1122 § 4, 2024)
2.12.070 Penalties for noncompliance.
Any elected or appointed official found to have violated any provision of this code of ethics may be subject to one or more of the following penalties, subject to approval of a majority of the council:
A. A cease-and-desist order as to violations of this code of ethics;
B. An order to disclose any reports or other documents or information requested that relate to the conduct of city business;
C. Termination or invalidation of city contract(s) entered into in violation of RCW 42.23.050;
D. Admonition. An admonition shall be a verbal statement approved by the majority of the city council and made to the elected or appointed official. An admonition under this section is not subject to further review or appeal except as may be otherwise provided by law;
E. Reprimand. A reprimand shall be administered to the elected or appointed official by a resolution of reprimand by the majority of the city council. A reprimand under this section is not subject to further review or appeal, except as may be otherwise provided by law;
F. Forfeiture of office consistent with Chapter 42.23 RCW; and/or
G. Civil Penalties. The city council, through a supermajority vote of the council, may assess a civil penalty of up to one thousand dollars. Any monetary penalty assessed civilly shall be paid in full within thirty business days and placed in the city’s general fund. If the city council orders an elected official to pay a civil penalty, the official may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within thirty days of the city council’s order.
(Ord. 1122 § 5, 2024)
2.12.075 Frivolous complaints.
The ethics committee may find that a complaint brought pursuant to this ethics code is frivolous and without merit. Upon such a finding, the person making such a complaint may be liable to the city for the cost of any review, if applicable and requested by the city council. (Ord. 1122 § 6, 2024)