Chapter 2.85
CODE OF ETHICS

Sections:

2.85.010    Purpose and intent.

2.85.020    Definitions.

2.85.030    Policy.

2.85.040    Complaints and enforcement.

2.85.010 Purpose and intent.

City of Sammamish councilmembers, appointed members of boards, committees, commissions, task forces, or any other multimember body are to meet the highest of ethical standards to maintain trust and public confidence. It is the purpose of this code of ethics to:

(1) Articulate and establish the code of ethics policy that will guide the conduct of elected officials and appointed members.

(2) Provide training on the code of ethics.

(3) Establish a system that enables individuals, councilmembers, and appointed members to seek guidance and assistance regarding possible violations of this code of ethics.

(4) Provide processes to review possible violations of this code of ethics.

(5) Liberal Construction and Supplemental to Existing Law. This code of ethics shall be liberally construed to effectuate its purpose and policy and is intended to supplement state and federal laws that relate to the same subject, and as such, elected officials and appointed members shall comply with all state and federal laws in the performance of their public duties. These laws include, but are not limited to, the United States and Washington State Constitutions, and Chapters 42.17A and 42.23 RCW.

(6) Signed Acknowledgement. All elected officials and appointed members, upon taking office or being appointed, shall sign a statement acknowledging they have received, read, and agree to be bound by this code of ethics and Chapter 42.23 RCW. This requirement shall also apply to currently serving elected officials and appointed members at the time of adoption of this code of ethics and any time there are material changes thereto. (Ord. O2023-552 § 1 (Att. A))

2.85.020 Definitions.

Whenever used in this chapter the following terms shall be defined as herein indicated:

(1) “Appointed members” means any appointed members of a City board, commission, committee, task force, or other multimember body.

(2) “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.

(3) “Elected official” means any person elected at a general or special election to any public office of the City of Sammamish and any person appointed to fill a vacancy in any such office.

(4) “Compensation” means any payment, including gifts, in any form or real or personal property or services of any kind.

(5) “Family member” means any spouse, sibling, children, or grandchildren whether by blood, marriage, or adoption and their spouses, domestic partners, or significant others.

(6) “Person” means any individual or corporation, business, or other entity, however constituted, organized, or designated. (Ord. O2023-552 § 1 (Att. A))

2.85.030 Policy.

(1) We are committed to providing service to the residents of Sammamish and to each other that is courteous, cost effective, and innovative within the bounds of the law.

(2) We will treat one another with honesty and integrity, recognizing that trust is hard won and easily lost. We pledge to promote balanced, consistent, and lawful policies and procedures.

(3) We pledge to act with fairness and impartiality in the application of policies and procedures and to treat others with equality and mutual respect with regard to interpersonal conduct.

(4) We accept our responsibility for the stewardship of public resources and our accountability for the results of our efforts. We pledge to give recognition for exemplary work.

(5) Obligations to the Public. Following the highest standards of public service, councilmembers and appointed members are to promote the public good and preserve the public’s trust through transparency and honesty in all public matters.

(6) Obligation to Others. In order to sustain a culture of ethical integrity, councilmembers and appointed members are to treat each other and the public with respect and are guided by the application of the code of ethics by familiarizing themselves with this policy and, in all their interactions, conduct themselves in a manner that demonstrates civility and respect for others.

(7) Obligations Regarding the Use of Public Resources. Councilmembers and appointed members are to use and allocate public funds, property, and other resources in a responsible manner that takes into consideration both the present and future needs of the community. This includes councilmembers and appointed members seeking guidance regarding the use of resources from staff and other experts, including legal advice from the City attorney as appropriate and ensuring that paid experts and consultants who provide guidance shall be impartial and free of any conflicts of interest.

(8) Gifts and Favors. Elected officials and appointed members 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 item of monetary value from any person or entity where the item of monetary value has been solicited, received, or given and which, 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. Elected officials and appointed members shall not accept or solicit any gifts, favors, or promises of future benefits except as allowed by subsection (9) of this section.

(9) For the purposes of this code of ethics, the following items are presumed not to influence the vote, action, or judgment of elected officials or appointed members, or be considered as part of a reward for action or inaction, and may be accepted:

(a) Unsolicited flowers, plants, and floral arrangements.

(b) Unsolicited advertising or promotional items of nominal value, such as pens and notepads.

(c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar items.

(d) Unsolicited items received by an official for the purpose of evaluation or review, if the official has no personal beneficial interest in the eventual use or acquisition of the item.

(e) Informational material, publications, or subscriptions related to the recipient’s performance of official duties.

(f) Food and beverages consumed at hosted receptions where attendance is related to the official’s official duties.

(g) Items from family members or friends related to a customary special occasion (e.g., birthday or major holiday) where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the City or with the recipient in connection with City matters.

(10) The presumption in subsection (9) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.

(11) Use of Property. Except for limited incidental personal use or emergency circumstances, no council member or appointed member shall request, permit, or use City vehicles, equipment, materials, or property for personal use, personal convenience, or profit.

(12) From the time a councilmember declares or publicly states that they intend to run for reelection until the conclusion of the respective general election, that councilmember shall not request or direct City funds to be used to purchase any media (including newspaper, radio, television, social media, or bulk mailing) that contains the name or image of that councilmember unless the names or images of all councilmembers appear in the media being purchased. A councilmember or appointed member cannot use any City vehicles, equipment, materials, or property for campaign-related purposes consistent with Public Disclosure Commission guidelines.

(13) Confidentiality. Except as required by law, a councilmember or appointed member shall not disclose or use privileged, confidential, or proprietary information obtained in executive session or otherwise in the course of their duties as a result of their position. (RCW 42.23.070(4))

(14) Conflict of Interest and Incompatibility of Office. If an actual or perceived conflict of interest exists that affects the work of the City council, board, commission, task force, or any other multimember body it is each member’s responsibility to openly describe the issue and refrain from any subsequent participation, deliberation, or voting on the subject. Except as permitted in subsection (15) of this section, an elected official or appointed member shall not take any direct official action on a matter if they or a member of their family:

(a) Have any substantial direct or indirect contractual relationship or employment related to the matter.

(b) Have other significant financial or private interest in the matter (which includes serving on a board of directors for any organization).

(c) Are a party to a contract or the owner of an interest in real or personal property that would be significantly affected by the matter. Taking direct official action on, or regarding legislation of general application does not “significantly affect” real or personal property within the meaning of this subsection.

(d) Engage in or accept private employment or render services for any person or engage in any business or professional activity when such employment, service or activity is incompatible with the proper and faithful discharge of their official duties as such elected official.

(15) Exceptions for Councilmembers. Subsection (14) of this section shall not apply when a councilmember:

(a) Acquires an interest in bonds or other instruments of indebtedness issued by the City if acquired and held on the same terms available to the general public.

(b) Officially participates in the development and adoption of the City’s budget; or establishes the pay or benefit plan of City officers, officials, or employees.

(c) Makes decisions on any legislation of general application unless these actions directly affect, or appear to affect, the official’s or family member’s employment.

(d) Serves on the governing body of an organization or entity as part of their official duties as a councilmember of the City.

(16) Disclosure for Councilmembers. All councilmembers are required to comply with the Washington State Public Disclosure Commission requirements for financial disclosure. In addition, all councilmembers shall publicly disclose their financial interest in any matter that comes before them. All councilmembers shall annually complete a conflict-of-interest statement to be submitted to the City clerk’s office.

(17) Disclosure for Appointed Members. Appointed members serving on any City boards, commissions, or committees shall sign a conflict-of-interest disclosure statement upon appointment and reappointment.

(18) Conduct After Leaving City Service. No former elected official or appointed member shall disclose or use any privileged, confidential, or proprietary information gained because of their elected office or appointment.

(19) No former elected official or appointed member shall, during the period of two years after leaving City office or appointment:

(a) Assist any person in matters involving the City if, while in the course of duty with the City, the former elected official or appointed member 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 elected official or appointed member was involved.

(c) Participate as or with a bidder, vendor, or consultant in any competitive selection process for a City contract in which they assisted the City in determining the project or work to be done or the process to be used.

(20) Whenever a current City employee wishes to contract with a former elected official or appointed member for expert or consultant services within two years of the latter leaving City service, advance notice shall be given to the City manager for matters concerning City government. The City manager shall evaluate the proposed contract to determine if there is a conflict with this code of ethics. If there is a question of this nature, the City manager may submit the matter to the City attorney for an opinion. If the proposed contract is found to present a conflict with this code of ethics, it shall be denied.

(21) The prohibitions of this section shall not apply to a former City employee acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City.

(22) Appointed Members and Employment. While serving as an appointed member on a City board, commission, or committee, and for two years after leaving such position, no member shall obtain employment in which they will take direct or indirect advantage of matters which they, as an appointed member, recommended to City council. This includes applying for positions or contracts with the City when the board, commission, or committee, on which the member served, recommended funding for such a position or contract.

(23) Family Members of Councilmembers. No councilmember shall nominate or vote on a member of their family for any type of board, commission, task force, or multimember body with the City.

(24) Political Activities. No elected official or appointed member shall use their official authority or influence or any City facilities or resources for the purpose of interfering with or affecting the result of an election for a position on the Sammamish City council. Nothing in this section shall prevent an appointed member from exercising their rights to participate in political activities granted by the provisions of RCW 41.06.250.

(25) Improper Use of Position. No elected official or appointed member shall knowingly use their office or position to secure personal benefit, gain, profit, or use their office or position to secure special privileges or exceptions for themselves or others.

(26) Improper Use of City Personnel. No elected official or appointed member shall employ or use any person under their official control or direction for the personal benefit, gain, or profit of the City employee or another. (Ord. O2023-552 § 1 (Att. A))

2.85.040 Complaints and enforcement.

(1) Advisory Opinions. Elected officials and appointed members subject to this code of ethics may request, and the ethics officer may render at the City’s expense, written advisory opinions concerning the applicability of this code of ethics to hypothetical circumstances and/or situations solely related to the person making the request. The ethics officer shall not render opinions on matters that are the purview of other government agencies or officials, e.g., the Public Disclosure Commission, the City’s public records officer, et al. The ethics officer retains sole discretion to determine in which cases an advisory opinion will be issued. Factors the ethics officer may consider when determining in which cases an advisory opinion will be issued include, but are not limited to, whether the issue presented has been recently addressed by the ethics officer, whether the issue presented is likely to be the subject of controversy or dispute, and the extent to which the requesting official or member has made prior requests for advisory opinions. The advisory opinion process is not intended to serve as a substitute for an official’s or member’s own understanding of, and exercise of reasonable judgment with respect to, this code of ethics.

(2) The ethics officer shall endeavor, except for good cause shown, to respond to requests for advisory opinions within 45 calendar days of submission of the request, and the ethics officer may respond more rapidly if the requester expresses urgency in the request.

(3) An official’s or member’s conduct based in reasonable reliance on an advisory opinion rendered by the ethics officer to said requestor shall not be found to violate this code of ethics to the extent that this code is enforced by the City as a civil matter, as long as all material facts have been fully, completely, and accurately presented in a written request for an advisory opinion, the ethics officer issues an advisory opinion that the described conduct would not violate the code of ethics, and the official’s conduct is consistent with the advisory opinion. The ethics officer reserves the right to reconsider the questions and issues raised in an advisory opinion and, where the public interest requires, rescind, modify, or terminate the opinion, but a modified or terminated advisory opinion will not form the basis of a retroactive enforcement action against the original requestor. Advisory opinions will contain severability clauses indicating that should portions of the opinion be found to be unenforceable or not within the ethics officer’s authority, the remainder of the opinion shall remain intact.

(4) Written Complaint. Any person may submit written complaint to the ethics officer alleging one or more violations of this code of ethics by an official, by filing it with the City clerk. The complaint must set forth specific facts with enough precision and detail for the ethics officer to make a determination of sufficiency and must set forth specific subsections of this code of ethics that the complaining party believes have been violated. The complaint must be signed under penalty of perjury by the person(s) submitting it in a manner consistent with Chapter 9.72 RCW.

(5) Findings of Sufficiency. Based on the contents of the written complaint, the ethics officer shall make a determination of sufficiency within 30 calendar days of receipt of the complaint. A complaint shall be sufficient if it precisely alleges and reasonably describes acts that constitute prima facie showing of a violation of this code of ethics, including Chapter 42.23 RCW. In rendering sufficiency determinations under this subsection, the ethics officer shall consider the purpose and intent of this chapter and the declaration of purpose in RCW 42.23.010.

(6) Confidentiality. Except as otherwise provided by law, the City will maintain as confidential the fact that a complaint has been filed, the contents of the complaint, the identity of the person making the complaint, and the identity of the official complained against during the open and active investigation conducted by the ethics officer until such time as the ethics officer has made a determination of sufficiency.

(7) Dismissal. The complaint shall be dismissed if the ethics officer determines that (a) the complaint is not sufficient, (b) the complaint provided too little detail for the ethics officer to reach a determination, or (c) a violation has or may have occurred, but appropriate actions have been taken to fully address the allegedly unethical conduct. In the event of dismissal, the official who was the subject of the complaint shall receive the protections under the Public Records Act afforded to a “not sustained” determination of alleged misconduct. A complaint dismissed by the ethics officer under this subsection shall be deemed to be dismissed with prejudice and will not be reconsidered if resubmitted by the complainant unless factual allegations not present in the original complaint are presented.

(8) Notice. Notice of action by the ethics officer shall be provided as follows:

(a) Within seven calendar days of the ethics officer rendering a finding of insufficiency or dismissal of a complaint, the City clerk shall send notice to the person who made the complaint and the official complained against of the ethics officer’s determination. No reconsideration or appeal of a finding of insufficiency or dismissal of a complaint is available through the ethics officer or the City.

(b) Within seven calendar days of the ethics officer rendering a finding of sufficiency, the City clerk shall send notice to the person who made the complaint and the official complained against of the ethics officer’s determination. No reconsideration or appeal of a finding of sufficiency of a complaint is available through the ethics officer or the City. Following the initial notice, the City clerk shall schedule and give notice of the hearing which will be held to determine if a violation has occurred. Notice shall be provided at least 30 calendar days prior to the date set for the hearing.

(9) Stipulation. Prior to, and in lieu of the hearing, the ethics officer and the official complained against may upon agreement jointly submit a recommended stipulation to the City council. The recommended stipulation will include the nature of the complaint, relevant facts, the reasons the ethics officer thinks a stipulation is appropriate, an admission of the violation by the official complained against, a promise by the official complained against not to repeat the violation, and if appropriate, a recommended remedy or penalty. The recommended stipulation shall be sent to the person who made the complaint and forwarded to the City council for action.

(10) Conduct of Hearings. All hearings on complaints found to be sufficient by the ethics officer shall be conducted by a qualified neutral third-party decision maker (decision maker). The hearing shall be informal, meaning that the decision maker shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The official complained against shall have the right to file a written answer to the charge. Each party may appear at the hearing in person or through legal counsel. Each party may present and cross examine witnesses on any matter relevant to the issues raised in the complaint and give relevant evidence before the decision maker. The decision maker may call witnesses on their own motion and compel the production of books, records, papers, or other evidence. To that end, upon a showing of reasonable necessity, the decision maker may issue subpoenas and subpoenas duces tecum at the request of the complaining party, the official complained against, or on their own initiative. All testimony shall be under oath administered by the decision maker. The decision maker may adjourn the hearing from time to time to allow for the orderly presentation of evidence. The decision maker shall prepare an official record of the hearing, including all testimony, which shall be recorded by electronic device and exhibits; provided, that the decision maker shall not be required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription.

(11) Final Decision and Recommendations. Within 30 calendar days after the conclusion of the hearing, the decision maker shall, based upon a preponderance of the evidence, issue a final decision in writing, including findings of fact, conclusions of law, and a determination of whether any violation of this code of ethics, including Chapter 42.23 RCW, has been established. The final written decision shall be signed and dated by the decision maker. In rendering a final decision, the decision maker shall consider the purpose and intent of this chapter and the declaration of purpose in RCW 42.23.010. If the decision maker determines that the alleged code of ethics violation(s) have not been proven, the decision maker shall dismiss the complaint with prejudice and no further action shall be taken. If the decision maker determines that one or more code of ethics violation(s) are proven, the final decision shall also contain any recommendations of the decision maker to the City council for any remedial action or sanction that the council may find appropriate and lawful. The decision maker may recommend any one or more of the following remedial actions or sanctions as further described in subsection (13) of this section, Penalties for Noncompliance. Within 15 calendar days of the decision maker’s final decision, the City clerk shall deliver copies of the final decision to the person who made the complaint, the official complained against, the ethics officer, and the City council.

(12) City Council Action. The City council in consultation with the City attorney shall, within 30 calendar days of receipt of the decision maker’s final decision or at the next regularly scheduled City council meeting following that 30-day period, determine what, if any, of the decision maker’s recommended remedial actions or sanctions to adopt. Final City council action to decide upon the ethics officer’s recommended stipulation or the decision maker’s recommended remedial actions or sanctions shall be by majority vote in a public meeting. However, if the proceeding involves a member of the City council, deliberations by the council may be in executive session pursuant to RCW 42.30.110(1)(f). The councilmember against whom the complaint was made shall not attend or participate in any executive session and shall not vote in open session on any matter involving themselves.

(13) Penalties for Noncompliance. The City council may take one or more of the following actions in disposition of the complaint. The City council’s action must afford deference to the ethics officer’s recommended stipulation or, in the event a violation is found by the decision maker, the decision maker’s recommended remedial actions or sanctions.

(a) No Sanctions or Penalties. The City council may dismiss the complaint without imposing sanctions or penalties.

(b) Referral. A complaint may be referred to another agency with jurisdiction over the violation, such as the Public Disclosure Commission. Final action on the complaint may be stayed pending resolution of the matter by the agency to which it was referred.

(c) Admonition. An admonition shall be an oral nonpublic statement made by the mayor, or their designee, or if the complaint is against the mayor, the deputy mayor or their designee, to the official.

(d) Reprimand. A reprimand shall be administered to the official by a letter of reprimand by the City council. The letter 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.

(e) Censure. A letter of censure shall be a letter read to the official in public. The letter 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. The official shall appear at a City council meeting at a time and place directed by the City council to receive the letter of censure. Notice shall be given at least 20 calendar days before the scheduled appearance at which time a copy of the proposed letter of censure shall be provided to the official. The letter of censure shall be read publicly, and the official shall not, at the time of reading, make any statement in support of, or in opposition thereto, or in mitigation thereof. The letter of censure shall be read at the time it is scheduled whether the official appears as required.

(f) Removal – Member of Board or Commission or Other Appointed Task Group or Committee. If the official against whom the complaint was made is currently a member of a City board or commission or other City task group or committee, the City council may, in addition to other possible penalties set forth in this section, and notwithstanding any other provision of the Sammamish Municipal Code, by a majority vote remove the official from such board or commission effective immediately.

(g) Removal – Councilmember Appointments. In addition to taking any actions above, if the official against whom the complaint was made is a member of the City council who serves on any City board or commission, other City task group or committee, regional or multijurisdictional body as a representative of the City, whether appointed by the mayor, mayor and deputy mayor, council, or regional body, in addition to other possible penalties set forth in this section, and notwithstanding any other provision of the Sammamish Municipal Code, by a majority vote the City council may remove the official from such body effective immediately.

(h) Removal – Mayor or Deputy Mayor Appointment. In addition to taking any actions above, if the official against whom the complaint was made serves as mayor or deputy mayor, the City council may remove said appointment.

(i) Civil Penalties. In addition to taking any actions above, the City council may also assess a civil penalty of up to $1,000. Any monetary penalty assessed civilly shall be placed in the City’s general fund.

(14) Appeal. Either the complaining party or the official complained against may, within 30 calendar days of the City council’s action on (a) the ethics officer’s recommended stipulation or (b) the decision maker’s final decision, appeal to the King County superior court by writ of certiorari pursuant to Chapter 7.16 RCW.

(15) Protection Against Retaliation. Neither the City nor any official may take or threaten to take, directly or indirectly, any action that constitutes personal attack, harassment, or intimidation, against any person because that person files a complaint with the ethics officer.

(16) Public Records. Records filed with the ethics officer and/or decision maker, and written decisions or recommendations of the ethics officer and/or decision maker, become public records that may be subject to inspection and copying by members of the public, unless an exemption in law exists. If the City receives a request under the Public Records Act, Chapter 42.56 RCW, to inspect or copy such information and reasonably determines that such information may be released, it will notify the complaining party and the official complained against of the request and of the date that such information will be released to the requester unless any party obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. The City will provide such notice at least 10 calendar days prior to the date that the information will be released. If no party timely obtains a court order enjoining disclosure, the City may release the requested information on the date specified.

(17) Recovery of Fees and Costs. No attorney’s fees or other costs related to matters covered by this chapter incurred by any official or complainant shall be recoverable from the City, except as follows: The City shall reimburse reasonable legal fees incurred by the official relating to or arising out of the defense of an ethics complaint that results in a dismissal of the complaint by the decision maker. The decision maker shall determine the amount of the reasonable fee award.

(18) Limitations. Complaints based on this code of ethics may only be brought against current elected officials and appointed members and must be submitted within two years from the date of the alleged violation. If the elected official or appointed member against whom the complaint was brought resigns or their term ends before the disposition of the complaint, no further action pursuant to this code of ethics shall be taken. This section shall only apply for purposes of enforcement of this code of ethics and other remedies under state or federal law may be pursued. (Ord. O2023-552 § 1 (Att. A))