Chapter 2.92
ETHICS OF BOARD, COMMITTEE, AND COMMISSION MEMBERS
Sections:
2.92.040 Complaint process and enforcement.
2.92.050 Penalties for noncompliance.
2.92.060 Frivolous complaints.
2.92.010 Policy.
A. It is the policy of the City of SeaTac to uphold, promote and demand the highest standard of ethics from all of its appointed officials. Appointed officials 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 appointed public officials, 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 this chapter be liberally interpreted to accomplish its purpose of protecting the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this Code of Ethics. Interpretation of this chapter should be guided by common sense and practicality.
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, elections campaigns and City ordinances. (Ord. 17-1011 § 1 (part))
2.92.020 Definitions.
As used in this chapter, these words shall have the following meanings, unless the context clearly indicates otherwise:
A. “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.
B. “Compensation” means payment in any form for real or personal property or services of any kind.
C. “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;
D. “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.
E. “Immediate family” shall mean spouse and dependent children.
F. “Official” means a member of Council-appointed Boards, Committees, Commissions and other Council-appointed task groups, but shall not include City Councilmembers or City employees.
G. “Person” means any individual, corporation, business or other entity, however constituted, organized or designated.
H. “Remote interest” means:
1. That of a nonsalaried officer of a nonprofit corporation; or
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; or
3. That of a landlord or tenant of a contracting party; or
4. That of a holder of less than one percent (1%) of the shares of a corporation, a limited liability company, or other entity, which is a contracting party. (Ord. 17-1011 § 1 (part))
2.92.030 Prohibited conduct.
The following shall constitute violations of this Code of Ethics:
A. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, no official should 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.
B. Beneficial Interests in Contracts Prohibited. No official shall participate in his/her capacity as an 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 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.
C. Beneficial Influence in Contract Selection Prohibited. No 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 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.
D. Representation of Private Person at City Proceeding Prohibited. No 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 official in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City.
E. Beneficial Interest in Legislation Prohibited. No official, in appearing before the City Council or when giving an opinion before the City Council in their capacity as a member of a Board, Commission or Committee, 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.
F. Disclosure of Confidential Information Prohibited. No 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.
G. Concealment of Public Records Prohibited. No official may intentionally destroy public records, or conceal a record if the 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.
H. Use of Email. No official may use a non-City email account to conduct City business, with the intent to avoid records being preserved as required by law.
I. Improper Use of Position Prohibited. No official shall knowingly use his/her 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.
J. Improper Interference with the City Manager. No official shall interfere with the duties of the City Manager, as set forth in RCW 35A.13.120.
K. Improper Use of City Property Prohibited. No 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.
L. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No 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 official’s services with the City of SeaTac; provided, however, that this prohibition shall not apply to:
1. Attendance by an official at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, or where attendance by the official as a City representative is appropriate;
2. An award publicly presented in recognition of public service; or
3. Any gift valued at fifty dollars ($50.00) or less, which gift cannot reasonably be presumed to influence the vote, action or judgment of the 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 official, or be considered as part of a reward for action or inaction, so as to allow an official or employee to receive or accept them:
a. Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
b. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
c. 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;
d. Informational material, publications, or subscriptions related to the recipient’s performance in their capacity as a City representative;
e. Food and beverages consumed at hosted receptions where attendance is related to the recipient’s performance as a City representative;
f. 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;
g. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission related to the recipient’s performance as a City representative;
h. Payments for seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution related to the recipient’s performance as a City representative;
i. Flowers, plants, and floral arrangements, however, such items shall be made available for the enjoyment of all City employees;
j. Food and beverages on infrequent occasions in the ordinary course of meals where attendance is as a City representative.
4. The presumption in this subsection (L)(3) is rebuttable and may be overcome by clear and convincing evidence based on the circumstances surrounding the giving and acceptance of the item.
M. Impermissible Conduct After Leaving City Service.
1. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former official shall disclose or use any privileged, confidential or proprietary information gained because of his/her City position.
2. Participation in City Matter Prohibited. No former official shall, during the period of one (1) year after leaving City office:
a. Assist any person in matters involving the City if, while in the course of duty with the City, the former official was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter; or
b. Participate as or with a bidder, vendor or consultant in any competitive selection process for a City contract in which he/she assisted the City in determining the project or work to be done, or the process to be used. (Ord. 17-1011 § 1 (part))
2.92.040 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 and signed under oath by the complainant and filed no more than one (1) year from the date of the alleged violation;
3. The complaint must include a detailed factual description of the alleged violation including the date, time and place of each occurrence and the name of the person or persons who are alleged to have committed a violation. 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 or other evidence known to the complainant to support the allegations of the complaint.
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 forwarded to the City Attorney or his or her designee for a sufficiency determination. After reviewing the complaint, the City Attorney may take any of the following actions and inform the complainant, the subject of the complaint, and the City Council as appropriate:
1. Determine that the facts stated in the complaint, even if true, would not constitute a violation of the Code of Ethics, and that no further action is warranted.
2. Determine that the facts stated in the complaint, even if true, would not constitute a material violation of the Code of Ethics because any potential violation was inadvertent or minor or has been adequately cured, such that further proceedings on the complaint would not serve the purposes of the Code of Ethics. The City Attorney may communicate with the subject of the complaint and/or the City Council to provide advice and/or counseling so that such a violation, even if true, could be prevented in the future.
3. Make a preliminary determination that the facts stated in the complaint, if true, could potentially constitute a violation of the Code of Ethics such that further proceedings are warranted.
4. The initial determination shall be documented in writing within fifteen (15) days of its receipt of the complaint, unless a longer time is deemed warranted by the City Attorney based on particular circumstances. The City Attorney’s initial determination is final.
5. For all complaints in which the City Attorney’s initial determination is that further proceedings are warranted, the City Attorney shall promptly designate an individual to conduct an investigation of the complaint. The individual designated to investigate the complaint may, but is not required, to be a City employee.
D. The individual designated to conduct the investigation shall complete the investigation and prepare written findings, conclusions, and recommended disposition as soon as practicable, but no later than thirty (30) days of the date of the initial determination unless an extension is granted by the City Attorney. A copy of the written investigation findings and conclusions shall be provided to the City Attorney.
E. Within five (5) business days of receipt of the investigator’s written findings, conclusions, and recommended disposition, the City Attorney shall forward a copy to the City’s Hearing Examiner. The City Attorney shall also forward a copy to the complaining party and the subject of the investigation.
F. Within ten (10) business days of receipt of the investigator’s report, unless a longer time is approved by the City Attorney, the Hearing Examiner shall consider and review the complaint, findings, conclusions and recommended disposition. If the Hearing Examiner determines that more information is needed to make a determination as to whether the Code of Ethics has been violated, it may request additional documentary evidence or convene a hearing to gather such additional evidence as required. After final deliberations on the complaint, investigator’s findings, as well as any additional testimony, statements, or documents presented at the hearing, if any, the Hearing Examiner shall determine whether or not a violation of the Code of Ethics has occurred. Throughout the process, the Hearing Examiner may seek legal advice from the City Attorney or other legal counsel as assigned by the City Attorney.
G. If the Hearing Examiner determines that a violation of the Code of Ethics has occurred, it may, but is not required, to recommend penalties be imposed for the violation.
H. Copies of the written findings of fact, conclusions and recommended disposition of the Hearing Examiner shall be forwarded to the complaining party and the subject of the investigation and the City Council. Additional copies shall be forwarded to the investigator and the City Attorney.
I. If the Hearing Examiner 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 agenda. Any penalty for violation of the Code of Ethics must be approved by majority vote of the Council. If the Hearing Examiner determines that no violation of the Code of Ethics occurred, the determination is final and closed.
J. After a complaint has been filed and during the pendency of a complaint, members of the City Council shall not discuss directly or indirectly with any party or other person about any issue or fact or law regarding the complaint, except as part of the investigation or disposition of the complaint.
K. Neither the City nor any 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. 17-1011 § 1 (part))
2.92.050 Penalties for noncompliance.
Any official found to have violated any provision of this Code of Ethics may be subject to one (1) 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.
C. Removal from the Board, Committee, or Commission.
D. Any other penalty that is deemed just and equitable. (Ord. 17-1011 § 1 (part))
2.92.060 Frivolous complaints.
The City Attorney may request that the Hearing Examiner make a finding 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 investigation, if applicable. If the complainant is a City employee, he or she may additionally be subject to disciplinary action. (Ord. 17-1011 § 1 (part))
2.92.070 Acknowledgment.
All members of Council-appointed City Boards, Committees and Commissions shall acknowledge receipt and review of this chapter by signing an acknowledgment form. (Ord. 17-1011 § 1 (part))