HomeMy WebLinkAbout09-22-2014 09-22-14 MUNICIPAL SERVICES COMMITTEE AGENDA PACKETWASH I NGTONJ
Municipal Services Committee
September 22, 2014 - 3:30 PM
City Hall Conference Room 3
AGENDA
I. CALL TO ORDER
A. Roll Call
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. September 8, 2014 Minutes*
111. ACTION
A. Resolution No. 5103* (Coleman)
B. Resolution No. 5097* (Miller)
A resolution of the City Council of the City of Auburn, Washington, formally
accepting a grant from the Washington State Military Department in the amount
of fifty five thousand seven hundred twenty four dollars ($55,724.00) from the
United States Department of Homeland Security Emergency Management
Performance Grant Program, and authorizing the Mayor to execute the
necessary agreements to accept said funds.
IV. DISCUSSION ITEMS
A. Crime Activity Report (Lee)
B. Ordinance No. 6519* (Heid)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 2.92 of the Auburn City Code, providing for a Code of Ethics
C. Project Matrix*
V. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AuBuRN ITY OF �
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AGENDA BILL APPROVAL FORM
Agenda Subject:
September 8, 2014 Minutes
Department: Attachments:
Police September 8, 2014 M inutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza
Meeting Date: September 22, 2014
Date:
September 16, 2014
Budget Impact:
$0
Staff:
Item Number: CA.A
CA.A AUBURN * MORE THAN YOU IMAGINED Page 2 of 28
Au&
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WASHINGTON
Municipal Services Committee
September 8, 2014 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference
Room 3 of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne
and Member Claude DaCorsi.
Staff present: Mayor Nancy Backus, Chief of Police Bob Lee,
Finance Director Shelley Coleman, Jamelle Garcia and Police
Secretary /Scribe Heather Shaw.
Others present: Auburn Reporter representative Robert Whale.
B. Announcements
C. Agenda Modifications
11. CONSENT AGENDA
A. August 25, 2014 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member DaCorsi seconded. Chair Peloza concurred.
MOTION PASSED: 3 -0
III. DISCUSSION ITEMS
CA.A
A. DARE Program Update (Lee)
Chief of Police, Bob Lee provided a follow -up on Resolution No.
5093 regarding the approval of the surplus of the department's
DARE vehicle. The surplus of the vehicle will allow for the vehicle to
be donated to the school district for use. The school district will now
take over the DARE program with support from the police
department. Committee discussion followed. Resolution No. 5093
will be considered at the next city council meeting.
Page 1 of 2
Page 3 of 28
B. Airport Hangar Development (Coleman)
Director Shelley Coleman briefed the committee on the status of the
Auburn Municipal Airport T Hangar Enclosure project. Chair Peloza
addressed the committee and asked if anyone had any questions
after their review of the provided documents. Vice Chair Osborne
questioned why there were no interior walls for 316 & 317 and asked
what those sections would be used for. Shelley advised that they will
be used for hangars though there was discussion that they would be
used for storage of airport equipment. Should there be a demand for
additional hangars, they will be used for that purpose. Jamelle
Garcia from the airport informed the committee that there are
currently 5 hangars reserved and paid for with an additional 7 on the
waiting list without payment in full at this time. Director Coleman
advised the committee that though they have gotten bids from local
businesses, they are still in need of competitive bid pricing as well
as the assignment of a project manager for the job. Chair Peloza
questioned whether we could move forward to full council at this
time. Vice Chair Osborne addressed his hesitation in moving
forward with a resolution until there is a competitive bid price in
place and instead suggested that a proposed resolution be
presented to the committee at the next scheduled Municipal
Services committee meeting for discussion. Shelley Coleman
informed the committee that the architect has already obtained a
permit for the project. Additional Committee discussion followed.
C. Project Matrix
The Project Matrix was reviewed but no changes were identified.
IV. ADJOURNMENT
CA.A
The meeting was adjourned at 3:46 p.m. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, September 22,
2014 at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main
Street, Auburn, WA.
Signed this day of September, 2014.
Bill Peloza, Chair Heather Shaw, Police Secretary /Scribe
Page 2 of 2
Page 4 of 28
AuBuRN ITY OF �
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Agenda Subject:
Resolution No. 5103
Department:
Finance
AGENDA BILL APPROVAL FORM
Attachments:
Resolution No. 5103
Administrative Recommendation:
Date:
September 10, 2014
Budget Impact:
$0
City Council adopt Resolution No. 5103
Background Summary:
In July 2014, Council approved a budget amendment that included $125,000.00 for
the Auburn Municipal Airport T Hangar Enclosure project. Final estimates of the cost
for the project now exceed $200,000.00. The Airport Fund does not have the
additional funding available to complete the project. The Capital Improvements Fund
has sufficient funds from which to transfer funds in an amount not to exceed
$200,000.00, in order to cover the additional cost of the project. An interfund loan will
cover the additional project cost, and will be repaid with interest over a five -year
period, with new revenues generated from rentals for the enclosed hangars being
pledged to the repayment.
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza Staff: Coleman
Meeting Date: September 22, 2014 Item Number: ACT.A
ACT.A AUBURN * MORE THAN YOU IMAGINED Page 5 of 28
RESOLUTION NO. 5103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER OF
FUNDS FOR THE PURPOSE OF MAKING A LOAN OR LOANS
FROM THE CAPITAL IMPROVEMENTS FUND TO THE AIRPORT
FUND FOR UP TO A FIVE -YEAR PERIOD OF TIME
WHEREAS, in July 2014 the City Council authorized a budget
amendment that included funding for the Auburn Municipal Airport T Hangar
Enclosure Project in the amount of ONE HUNDRED TWENTY FIVE
THOUSAND DOLLARS ($125,000); and
WHEREAS, the estimated cost of the Auburn Municipal Airport T Hangar
Enclosure Project has increased; and
WHEREAS, revenues in the Airport Fund are limited in nature; and
WHEREAS, there are insufficient funds available in the Airport Fund to
cover the revised cost of the Auburn Municipal Airport T Hangar Enclosure
Project; and
WHEREAS, the Capital Improvements Fund has sufficient funds from
which to transfer funds in an amount not to exceed TWO HUNDRED
THOUSAND DOLLARS ($200,000) for the purpose of making loans to cover
the cost of the Auburn Municipal Airport T Hangar Enclosure Project for the
Airport Fund (Fund No. 435); and
Resolution No. 5103
September 16, 2014
ACT.A Page 1 of 3
Page 6 of 28
WHEREAS, in the event a loan is made from the Capital Improvements
Fund (Fund No. 328) to the Airport Fund (Fund No. 435) as provided above, the
loans shall bear interest at the State of Washington pool rate; and
WHEREAS, the repayment of the loan, including principal and interest,
would be made using new revenues from the enclosed hangars pledged to the
repayment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. Authorization is hereby given for the transfer of
funds from the Capital Improvements Fund to the Airport Fund, to cover the
cost of the Auburn Municipal Airport T Hangar Enclosure Project, in an amount
not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) for the
purpose of making a loan bearing interest at the Washington State pool rate.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
DATED and SIGNED this day of , 2014.
NANCY BACKUS, MAYOR
Resolution No. 5103
September 16, 2014
ACT.A Page 2 of 3
Page 7 of 28
ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid
City Attorney
Resolution No. 5103
September 16, 2014
ACT.A Page 3 of 3
Page 8 of 28
Orr' OF �4
AUBURN
wAs - IENGTo
Agenda Subject:
Resolution No. 5097
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
RESOLUTION NO 5097
Administrative Recommendation:
Date:
September 8, 2014
Budget Impact:
$0
Municipal Services Committee to recommend that City Council adopt Resolution No.
5097.
Background Summary:
The US Department of Homeland Security (DHS) makes available Emergency Management
Performance Grants (EMPG) to local jurisdictions specifically to enhance their emergency management
programs. The City of Auburn was allocated funds based on a state -wide formula. These funds can be
used exclusively for emergency management activities and only for items and activities which were not
previously budgeted for. Funds will be used to conduct planning activities and provide public education
activities and supplies.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember: Peloza
Meeting Date: September 22, 2014
Staff: Miller
Item Number: ACT.B
ACT.B AUBURN * MORE THAN YOU IMAGINED
Page 9 of 28
RESOLUTION NO. 5097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, FORMALLY ACCEPTING A GRANT
FROM THE WASHINGTON STATE MILITARY DEPARTMENT IN
THE AMOUNT OF FIFTY FIVE THOUSAND SEVEN HUNDRED
TWENTY FOUR DOLLARS ($55,724.00) FROM THE UNITED
STATES DEPARTMENT OF HOMELAND SECURITY
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE
THE NECESSARY AGREEMENTS TO ACCEPT SAID FUNDS
WHEREAS, the City created and maintains an active Emergency
Management Program; and
WHEREAS, the United States Department of Homeland Security makes
available Emergency Management Performance Grant monies to local
emergency management programs; and
WHEREAS, the Washington State Military Department, Emergency
Management Division has approved a grant of those monies to the City of
Auburn Emergency Management program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The City Council of the City of Auburn does
hereby accept the Washington State Military Department, Emergency
Management Division offer of a grant in the amount of Fifty Five Thousand
Seven Hundred Twenty Four Dollars ($55,724.00) as the City's allotment of
annual Emergency Management Performance Grant monies.
Resolution No. 5097
September 3, 2014
ACT.B Page 1 of 2
Page 10 of 28
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED AND SIGNED THIS DAY OF OCTOBER 2014.
CITY OF AUBURN
Nancy Backus
MAYOR
ATTEST:
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 5097
September 3, 2014
ACT.B Page 2 of 2
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DI.B
(Ark'
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\VASHENG`O
Agenda Subject:
Ordinance No. 6519
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
ORD6519 and ORD6524
Administrative Recommendation:
Date:
September 16, 2014
Budget Impact:
$0
Background Summary:
Ordinance No. 6519 was tabled at the July 21, 2014 City Council meeting to the
September 15, 2014 City Council meeting, at which time, the Council referred
Ordinance No. 6519 and an alternate version, Ordinance No. 6524, to the Planning
and Community Development Committee and Municipal Services Committee for
further review.
Reviewed by Council Committees:
Finance
Councilmember:
Meeting Date: September 22, 2014
Staff: Heid
Item Number: DI.B
AUBURN * MORE THAN YOU IMAGINED Page 12 of 28
ORDINANCE. NO. 6 51 9
AN ORDINANCE OF THE CITY COUNCIL THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
2.92 OF THE A UBURN CITY CODE, PROVIDING FOR A
CODE OF ETHICS
WHEREAS, state law, and specifically, Chapter 42.23 of the Revised Code of
Washington (RCW), provides a Code of Ethics for Municipal Officers; and
WHEREAS, state law also provides a separate ethics code for state officials and
employees found in Chapter 42.52 RCW; and
WHEREAS, the provisions of these two RCW Chapters set the framework for
ethics and public service applicable to city officials, however, the two chapters are not
completely consistent in all measures; and
WHEREAS, to address questions and issues related to these two chapters and
to assist in defining provisions and, to some extent reconciling, inconsistencies between
them, it is appropriate for the City of Auburn to adopt and implement its own Code of
Ethics.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. Adoption of New Chapter to City Code. A new chapter 2.92 of the
Auburn City Code, providing for a Code of Ethics, is created to read as follows:
Sections:
2.92.010
2.92.020
2.92.030
2.92.040
2.92.050
2.92.060
2.92.070
2.92.080
Chapter 2.92
CODE OF ETHICS
Policy.
Definitions.
Prohibited conduct.
Ethical standards.
No right of action created — Effective date.
Ethics officer.
Advisory opinions.
Complaint procedure.
2.92.010 Policy.
Ordinance No. 6519
July 21, 2014
Page 1
DI.B Page 13 of 28
A. Purpose. The Auburn city council has adopted herein a code of ethics for
city - elected officials and city appointed officers and officials to promote public
confidence in the integrity of local government and its fair operation. This code of ethics
will provide the basis for education and training for city officials to ensure that the
highest ethical standards and best ethical practices will be followed.
B. Intent. The citizens and businesses of Auburn are entitled to have fair,
ethical and accountable local government that has earned the public's full confidence. It
is further the intent that city officials be permitted to fulfill their duties to represent the
public to the greatest extent possible unless circumstances exist where such
engagement is impermissible. Nothing in this chapter is intended to reduce, limit, or
restrict the pool of available candidates for service on the council or service on council -
appointed public bodies, all of which are either part-time or volunteer positions. It is in
the public interest to ensure that the provisions of this chapter do not create barriers to
citizen public service. In keeping with the City of Auburn's commitment to excellence,
the effective functioning of democratic government therefore requires that:
1. Public officials, both elected and appointed, comply with the laws and
policies affecting the operations of government;
2. Public officials be independent, impartial and fair in their actions;
3. Public office be used for the public good, not for personal gain;
4. Public deliberations and processes be conducted openly, unless legally
confidential, in an atmosphere of respect and civility; and
5. There needs to be compatibility between City ethical codes and the ethic
codes of state law.
2.92.020 Definitions.
A. "Official" means a city- elected official and a city - appointed official, officer
or employee, and includes members of appointed city boards and commissions and
other task forces, groups or committees.
B. "Quasi- judicial actions" means those actions of the city council /legislative
body, planning commission, hearing examiner, or other City boards which determine the
legal rights, duties, or privileges of specific parties in a hearing or other contested case
proceeding.
C. "Relative" means spouse, domestic partner, child, step - child, parent, step-
parent, parent -in -law and sibling.
D. Definitions Incorporated by Reference. The definitions included in and
referenced by sections 42.23.020 and 42.52.010 of the Revised Code of Washington
(RCW), as hereinafter amended, are incorporated herein unless the language and
context hereof clearly excludes the application thereof, provided that such definitions
may nevertheless guide in the application and interpretation thereof.
2.92.030 Prohibited conduct.
A. Conflicts of Interest. Officials shall not participate in quasi - judicial or site -
specific land use city decisions, the purchase or condemnation of property, or city
Ordinance No. 6519
July 21, 2014
Page 2
DI.B Page 14 of 28
decisions involving the awarding of a grant or contract in which any of the following has
a direct or indirect interest:
1 The official;
2. A relative;
3. An individual with whom the official resides; or
4. An entity that the official serves as an officer, director, trustee, partner or
employee.
B. Officials shall abstain from participating in deliberations and decision -
making where conflicts exist. RCW 42.23.040 shall apply to conflicts or potential
conflicts w ith respect to remote interests in city decisions involving the awarding of a
contract.
C. Misuse of Public Position or Resources. Except for infrequent use at little
or no cost to the city, officials shall not use public resources that are not available to the
public in general, such as city staff time, equipment, supplies or facilities, for other than
a city purpose.
D. Representation of Third Parties. Except in the course of official duties,
officials shall not appear on behalf of the financial interests of third parties before the
bodies on which the officials serve or in interaction with the body's assigned staff.
Further, the members of the city council shall not appear on behalf of the financial
interest of third parties before the council, or any other City body, board or commission,
in any proceeding of the city, or in interaction with staff.
E. Solicitation of Charitable Contributions. No official may directly solicit
charitable contributions from city employees.
F. Gifts and Favors. Officials shall not knowingly use their public position to
secure any special advantage, services or opportunities for personal or family gain,
where such services, opportunities or gains are not available to the public in general.
Officials may also 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
where it would appear to a reasonable person to have been solicited or received or
given, with intent to give or obtain consideration or influence as to any action by the
official in his or her 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
except as follows:
1. No official may accept gifts, other than those specified in subsection (F)(2)
of this section, with an aggregate value in excess of Fifty Dollars ($50.00) from a single
source in a calendar year, or a single gift from multiple sources with a value in excess of
Fifty Dollars ($50.00) in accordance with RCW 42.52.150(1); provided, that if the Fifty
Dollars ($50.00) limit in RCW 42.52.150(1) is amended, this section shall be deemed to
reflect the amended amount. For purposes of this section, "single source" means any
person, corporation, or entity, whether acting directly or through any agent or other
intermediary. "Single gift" includes any event, item, or group of items used in
conjunction with each other or any trip including transportation, lodging, and attendant
costs. The value of gifts given to an official's family member or guest shall be attributed
Ordinance No. 6519
July 21, 2014
Page 3
DI .B Page 15 of 28
to the official for the purpose of determining whether the limit has been exceeded,
unless an independent business, familial, or social relationship exists between the
donor and the official, family member or guest.
2. The following items 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, and
may be accepted without regard to the limit established by subsection (F)(1) of this
section:
(a) Unsolicited flowers, plants and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value, such as
pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a plaque,
trophy, desk item, wall memento, or similar item;
(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 materials, 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 duties for the city;
(g) Admission to, and the cost of food and beverages consumed at, events
sponsored by or in conjunction with a governmental entity or organization;
(h) Unsolicited gifts from dignitaries from another state or a foreign country
which are intended to be personal in nature, Provided that if the value (identified or
estimated) exceeds $50, the gift shall be the property of the city's;
(i) Food and beverages on infrequent occasions in the ordinary course of
meals where attendance by the official is related to the performance of official duties;
and
(j) Any gift which would have been offered or given to the official if he or she
were not an official.
3. The presumption in subsection (F)(2) of this section is rebuttable and may
be overcome based on the circumstances surrounding the giving and acceptance of the
item.
G. The provisions of this Section and of this Chapter do not prohibit the City
from funding, or contributing to the funding for, an event, activity, or function at which
public officials attend and/or in which they participate, even if there is a value of such
attendance or participation where, and so long as, the city council finds that there is a
corresponding benefit to the City to have its public officials attend or participate, and
where city council expressly approves funding, or the contribution towards funding
thereof.
H. Confidential Information. Officials shall not knowingly disclose any
confidential information gained by reason of their official position for other than a city
purpose, and officials shall not knowingly use such information for his or her personal or
familial benefit, or engage in business or professional activity that the officer might
Ordinance No. 6519
July 21, 2014
Page 4
DI.B Page 16 of 28
reasonably expect would induce him or her by reason of his or her position with the City
to disclose such confidential information. "Confidential information" means:
1. Specific information, rather than generalized knowledge, that is not
available to members of the public; and
2. Information that is made and/or recognized as confidential by law.
2.92.040 Ethical standards.
A. In addition to Section 2.92.030 hereof, which shall be administered by the
ethics officer, officials shall comply with the following standards:
1. Compliance with Other Laws. Officials shall comply with federal, state and
city laws in the performance of their public duties. These laws include, but are not
limited to: the United States and Washington Constitutions; laws pertaining to conflicts
of interest, election campaigns, financial disclosures and open processes of
government and city ordinances and policies. See Appendix A of this section.
2. Officials shall comply with the requirements of RCW 42.17.020 through
42.17.060 regarding contract interests. As required by RCW 42.17.750, no official shall
knowingly solicit or encourage, directly or indirectly, any political contribution from any
city employee. Except under limited circumstances described in RCW 42.17.130, no
official may use or authorize the use of the facilities of the city for the purpose of
assisting a campaign for the election of any person to office, or form the promotion of or
opposition to any ballot proposition in a manner not available to the general public on
the same terms.
B. Officials are also encouraged to comply with the following standards:
1. Personal Integrity. The conduct of officials must be above reproach and
avoid even the appearance of impropriety. Officials shall refrain from abusive conduct,
threats of official action, personal accusations or verbal attacks upon the character or
motives of other members of council, boards and commissions, the staff or public.
Officials shall maintain truthfulness and honesty and not compromise themselves for
advancement, honor, or personal gain. Additionally, officials shall not directly or
indirectly induce, encourage or aid anyone to violate this code of ethics and it is
incumbent upon officials to make a good faith effort to address apparent violations of
this code of ethics.
2. Working for the Common Good. Recognizing that stewardship of the
public interest must be their primary concern, officials will work for the common good of
the people of Auburn and not for any private or personal interest, and they will ensure
fair and equal treatment of all persons, claims and transactions coming before the city
council, boards and commissions.
3. Respect for Process. Officials shall perform their duties in accordance with
the processes and rules of order established by the city council and boards and
commissions governing the deliberation of public policy issues, meaningful involvement
of the public, and implementation of policy decisions of the city council by city staff.
4. Commitment to Transparency. Transparency, openness and
accountability are fundamental values of the city and are also required by the laws of
the state of Washington. The public has a right to inspect and copy public records
Ordinance No. 6519
July 21, 2014
Page 5
DI.B Page 17 of 28
unless exempt by law from disclosure. All materials relating to the conduct of city
government that are prepared, possessed, used or retained by any official, including
email and other electronic records, are subject to requirements for retention, protection
and disclosure. Officials shall not discard, damage or destroy the original of any public
document or record unless the City has fully complied with the record retention
schedules established under Chapter 40.14 RCW. (Officials may assume that all copies
of materials received from city staff have been handled in conformity with state law and
such copies do not need to be retained.) Officials shall also not discard, damage or
destroy documents, hard copy or electronic, received by the official unless in
compliance with state law. In accordance with the requirements of state law officials
shall promptly provide any records requested by the public records officer in response
to a disclosure request under the Public Records Act, Chapter 42.56 RCW. It is the
responsibility for the public records officer together with the city attorney to decide which
records meet the definition of "public record" and whether or not such records are
exempt from disclosure; officials must not take it upon themselves to decide whether a
record meets the definition of a public record, that a record is exempt from disclosure, or
to otherwise conceal a record.
5. Conduct of Public Meetings. Officials shall prepare themselves for public
issues; listen courteously and attentively to all public discussions before the body; and
focus on the business at hand. They shall refrain from interrupting other speakers; or
otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit. Officials shall base their decisions on the merits
and substance of the matter at hand and on greater public policy considerations, rather
than on unrelated considerations.
7. Ex Parte Communications. In quasi-judicial matters, officials shall publicly
disclose information that is relevant to a matter under consideration by the council or
boards and commissions, which they may have received from sources outside of the
public decision- making process.
8. Attendance. As provided in RC W 35A.12.060, a city councilmember shall
forfeit his or her office by failing to attend three consecutive regular meetings of the
council without being excused by the council. Unless excused, members of boards and
commissions are expected to attend all meetings.
9. Nepotism. Consistent with the city nepotism policy, the city council will not
appoint relatives of city councilmembers to boards or commissions or other appointed
positions.
10. Advocacy. When acting in an official capacity, officials shall represent the
official policies or positions of the city council, board or commission to the best of their
ability when the city council, board or commission has taken a position or given an
instruction. When a city official is appointed to fill an official role on a governing body in
a capacity that is not dependent upon their status as a city of Auburn official, but, for
example, as a representative of a geographic area, the official shall endeavor to
represent the policies or positions consistent with those of the constituency he or she
has been appointed to represent. When presenting their individual /personal opinions
and positions, members shall explicitly state that they are not representing their body or
Ordinance No. 6519
July 21, 2014
Page 6
DI.B Page 18 of 28
the City of Auburn, and they shall not give or provide the inference that they do. Officials
have the right to endorse candidates for all council seats or other elected offices. It is
inappropriate to make or display endorsements during council meetings,
board /commission meetings, or other official city meetings. However, this does not
preclude officials from participating in ceremonial occasions, community events or other
events sponsored by civic groups.
11. Role of Legislative Officials. The city council shall have all the powers and
authority granted to legislative bodies, except insofar as such power and authority is
vested in the mayor in accordance with Chapter 35A.12 RCW.
Appendix A
o Chapter 9A.72 RCW - Perjury and interference with official proceedings
o RCW 35A.12.060 - Vacancy for nonattendance
o Chapter 35A.12 RCW - Mayor- council plan of government.
o Chapter 40.13 RCW - Preservation and destruction of public records
o RCW 42.17A.555 - Use of public office or agency facilities in campaigns —
Prohibition — Exceptions
o RCW 42.17A.565 - Solicitation of contributions by public officials or
employees
o Chapter 42.23 RCW - Code of ethics for municipal officers — Contract
interests
a Chapter 42.36 RCW - Appearance of fairness doctrine — Limitations
o Chapter 42.56 RCW - Public Records Act
2.92.050 No right of action created — Effective date.
A. Nothing in this chapter shall be construed as creating or providing a basis
for a private cause of action against the city or against any official by third parties.
B. No retroactive application is intended by the adoption of this chapter which
shall only apply to acts that occur after the effective date thereof.
2.92.060 Ethics officer.
A. The city council creates the position of ethics officer. The mayor shall
appoint the ethics officer subject to confirmation by the city council. Such confirmation
shall be by unanimous vote, and the ethics officer shall be admitted to the practice of
law and shall have sufficient experience and training to serve in this capacity. The ethics
officer shall serve in conformity with a professional services contract with the City of
Auburn. The services of the ethics officer may only be terminated upon the
recommendation of the mayor and a concurring supermajority (majority plus one) vote
of the city council.
B. The ethics officer shall make an annual review of this code of ethics and
review training materials regarding the code of ethics, and the ethics officer may issue
advisory opinions concerning the code of ethics. The ethics officer shall also be
responsible for the prompt and fair enforcement of the code when necessary.
Ordinance No. 6519
July 21, 2014
Page 7
DI.B Page 19 of 28
Information provided to the ethics officer shall be treated as confidential to the extent
permitted by law.
C. The ethics officer, in addition to other duties, shall conduct a review of this
ethics code in 2015 and again every two years thereafter, and may recommend
changes or additions to this code of ethics to the city council designed to improve the
effectiveness and efficiency of processing ethics questions.
D. In rendering opinions under Sections 2.92.070 or 2.92.080 hereof, the
ethics officer shall consider the Intent section contained in Section 2.92.010 hereof and
in RCW 42.23.010.
2.92.070 Advisory opinions.
A. Upon request of any official, the ethics officer shall render written advisory
opinions concerning the applicability of Sections 2.92.030 and 2.92.040 hereof.
B. Upon request of any official, the ethics officer may also render written
advisory opinions concerning the applicability of the code of ethics to hypothetical
circumstances and/or situations related to a matter of city -wide interest or policy.
C. The ethics officer will endeavor to respond to requests for advisory
opinions within fourteen (14) days of submission of the request, or more rapidly if the
requester expresses urgency in the request.
D. The ethics officer will not render opinions on matters that are the purview
of other government agencies such as the public disclosure commission or the King
County prosecutor.
E. Advisory opinions shall be shared only with the official making the request,
unless the requesting official asks that the opinion be shared with other officials.
F. if an official reasonably relies on an advisory opinion rendered by the
ethics officer, the officials conduct shall not be found to violate this code of ethics, as
long as:
1. All material facts have been fully, completely, and accurately presented in
a written request for an advisory opinion;
2. The advisory opinion advised in that the described conduct would not
violate the code of ethics; and
3. The official's conduct is consistent with the advisory opinion.
G. The ethics officer may reconsider the questions and issues raised in an
advisory opinion /request and, where the public interest requires, the ethics officer may
rescind or modify the opinion; Provided that a rescinded or modified advisory opinion
will not form the basis of a retroactive enforcement action.
H. If any portion of an advisory opinions is found to be invalid or
unenforceable or not within the ethics officer's authority, the remainder of the opinion
shall remain intact and in effect, unless the invalidity, unenforceability or lack of
authority clearly invalidates the entire opinion.
I. All officials subject to this chapter are strongly encouraged to seek
advisory opinions from the ethics officer at the earliest possible opportunity whenever
an official has reason to believe that his or her circumstances could present a conflict of
interest or the appearance of a conflict of interest or any other violation of this chapter.
Ordinance No. 6519
July 21, 2014
Page 8
DI.B Page 20 of 28
J. Advisory opinions are subject to the attorney - client privilege.
2.92.080 Complaint procedure.
A. Any natural person who believes an official has committed a violation of
the code may file a complaint with the city clerk. 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;
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;
5. The complaint must be filed within two years of the date of the occurrence
or occurrences alleged to constitute a violation of the code of ethics.
B. Complaints shall be fled with the city clerk who shall forward the
complaint and any accompanying documentation and evidence to the ethics officer and
the respondent official within two business days. The ethics officer shall review the
complaint for compliance with the requirements of subsection (A) of this section.
C. Should the ethics officer find that:
1. The complaint is untimely; or
2. The complaint has not been signed under oath; or
3. The complaint does not, on its face, state facts which, if proven to be true,
constitute a violation of the provision of this code of ethics referred to in the complaint;
or
4. The complaint fails to refer to a specific provision of the code of ethics
which is alleged to have been violated;
The ethics officer shall, within ten (10) working days of the filing of the complaint, enter
a written order stating the ethics officer's findings and, except as hereinafter provided,
dismissing the complaint. The written order shall be transmitted to the complainant, the
official that is the subject of the complaint, and the city council. If the ethics officer finds
that the complaint is deficient pursuant to the findings in subsection (C)(2) or (4) of this
section, the ethics officer shall issue an order notifying the complainant that unless a
corrected complaint is filed within five days of the issuance of such order, the complaint
shall be dismissed. The complainant may appeal the dismissal of a complaint under this
subsection by filing an action in the King County superior court for a writ of certiorari
pursuant to Chapter 7.16 RCW within ten (10) days of the date of issuance of the order
dismissing the complaint.
D. The official who is subject of the complaint shall, within twenty (20) days of
the date of mailing or personal service of the complaint by the clerk, file with the clerk
Ordinance No. 6519
July 21, 2014
Page 9
DI .B Page 21 of 28
any response he or she has to the complaint. A response to a complaint shall be made
in writing signed under oath by the official. A response should be accompanied by all
available documentation or other evidence known to the official which the official wishes
the ethics officer to consider. The official may stipulate to some or all of the facts alleged
in the complaint and shall either admit or deny the alleged violation. If the violation is
admitted, the official may also submit an explanatory statement and may request a
particular disposition.
E. Upon receipt of a response to a complaint, the ethics officer shall review
the complaint and response, together with all supporting documentation and evidence
submitted by the complainant and the official who is subject of the complaint. Within ten
(10) days of receipt of the response (or, if no timely response is submitted, within thirty
(30) days of the date of mailing the complaint to the official who is subject of the
complaint by the city clerk), the ethics officer shall issue a decision in writing, including
findings of fact, conclusions of law and a determination of whether any violation of the
code of ethics has been established. The final written decision shall be signed and
dated by the ethics officer. The city clerk shall deliver a copy of the final written decision
to the complainant, the official who is subject of the complaint, the city council and to
any other person who has submitted a written request therefor.
F. A complaint for ethical violations filed under this chapter shall be
considered a claim filed against an official and handled in accordance with City policies
and or practices.
G. Either the complainant or the official who is subject of the complaint may,
within thirty (30) days of the date of the written decision, appeal the decision to the King
County Superior Court by writ of certiorari pursuant to Chapter 7.16 RCW.
H. If the final decision of the ethics officer contains a determination that one
or more violations of this code of ethics have occurred, the decision shall also contain
any recommendations of the ethics officer to the city council for any remedial action or
sanction that the council may find appropriate and lawful under the council's rules or city
policies. If no appeal is filed in superior court, the council in consultation with the city
attorney shall, within forty -five (45) days of the date of the decision, determine what, if
any, of the recommendations of the ethics officers to adopt. Such determination shall be
adopted at an open public meeting by a majority vote of those officials who are not
officials who were subject of the complaint(s).
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
leg islation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
Ordinance No. 6519
July 21, 2014
Page 10
DI.B Page 22 of 28
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
PUBLISHED:
Ordinance No. 6519
July 21, 2014
Page 11
DI.B Page 23 of 28
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6524
Date: July 21, 2014
Department:
Legal
Attachments:
Ordinance No. 6524
Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6524.
Background Summary:
The current provisions of state law provide for the code of ethics for municipal officers,
which code operates where cities may not have the civic codes of ethics.
The City Council of the Cty of Auburn, Washington, does not currently have in its city
code a specific code of ethics for municipal officers.
Ordinance No. 6524 amends Auburn City Code to reflect operative terms with respect to
the statutory code of ethics applicable to municipal officers, and any clarifications
appropriate for the city
Reviewed by Council & Committees:
❑ Arts Commission COUNCIL
COMMITTEES:
Serv.
& CD
Works
Reviewed by Departments
❑ Building
❑ Cemetery
❑ Finance
❑ Fire
❑ Legal
❑ Public Works
❑ Information Services
& Divisions:
❑ M&O
❑ Airport • Finance
• Mayor
• Hearing Examiner ❑ Municipal
• Parks
• Human Services • Planning
• Planning
❑ Park Board • Public
• Police
• Planning Comm. ❑ Other
❑ Human Resources
Action:
Call for Public Hearing
_/_I_
Committee Approval: •
Yes • No
Council Approval: • DYes DNo
Referred to Until
Tabled Until
_I
_!_!�
Councilmember: Wales
Staff: Heid
Meeting Date: 07/21/2014
Item Number:
DI.B
AUBURN * MORE THAN YOU IMAGIW 24 of 28
ORDINANCE NO. 6 5 2 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
SECTION 2.06.070 OF THE CITY CODE RELATING TO
THE STATUTORY CODE OF ETHICS
WHEREAS, the current provisions of state law provide for the code of ethics for
municipal officer, which code operates where cities may not have the civic codes of
ethics; and
WHEREAS, the City Council of the city of Auburn, Washington, does not
currently have in its city code a specific code of ethics for municipal officers; and
WHEREAS, it is appropriate for the city code to reflect operative terms with
respect to the statutory code of ethics applicable to municipal officers, and any
clarifications appropriate for the city.
NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to City Code. That a new section 2.06.070 of the city
code be, and the same hereby is, created to read as follows:
2.06.070 Statutory code of ethics.
The provisions of chapter 42.23 of the Revised Code of Washington [Code
of ethics for municipal officers -- Contract interests] shall serve as the code of
ethics for the city of Auburn unless and until a separate code of ethics is
hereafter promulgated and adopted for the City. It is provided, however, that the
provisions of this Section shall not prohibit the City from funding, or contributing
to the funding for, an event, activity, or function at which public officials attend
and/or in which they participate, even if there is a value of such attendance or
participation where, and so long as, the city council finds that there is a
corresponding benefit to the City to have its public officials attend or participate,
and where the city council expressly approves funding, or the contribution
towards funding thereof.
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
Ordinance No. 6524
July 21, 2014
Page 1 of 2
DI.B Page 25 of 28
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
ATTEST:
Danielle E. Daskam, City Clerk
APP,ROV
0 FORM:
i
Daniel B. Heid, City Attorney
PUBLISHED:
Ordinance No. 6524
July 21, 2014
Page 2 of 2
DI .B
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
Page 26 of 28
DI.0
AuBuRN ITY Cdr •
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Project Matrix September 18, 2014
Department: Attachments: Budget Impact:
Police Project Matrix $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza Staff:
Meeting Date: September 22, 2014 Item Number: DI.0
AUBURN * MORE THAN YOU IMAGINED Page 27 of 28
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX
NO. PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL. STATUS
DATE
Suspended until further notice.
Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan -
Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 1st
meeting of the month.
provided monthly to the committee for tracking
purposes of License sales for measuring the removal
of the rabies requirement.
The Council Operations Committee /MIT met on
3/18/14. MIT confirmed same fireworks policies as
2013. MIT will pre- announce vendor demonstrations.
Review for 2015 rates in November 2014.
Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan -
Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 2nd
Quarterly update to review Marketing Plan. 2nd
meeting of the month.
NO. ITEM OF INTEREST
Annual review of taxation basis to determine if any
changes need to be made - dependent upon status
of economy. Ordinance No. 6398 was enacted
2/21/12.
Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan-
1
Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 2nd
Review street sweeping program in 6 months.
Review auto theft statistics every 6 months.
Last Revision Date: 09/09/2014 E:\ AGENDA\ MunicipalServicesPaperlessPacket\ 2014 \18 - September 22 \Resources \Matrix 10/13/2014.xls
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Bob Lee
Shelley Coleman
Bob Lee
Shelley Coleman
Daryl Faber
Daryl Faber
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Shelley Coleman
Randy Bailey
Bob Lee
Red Light Photo Enforcement
Animal Control and Rescue
AVHS Board Review and Animal
Control Licensing Program
Fireworks Update
Solid Waste Rate Review
Golf Course & Restaurant Review
Cemetery Update
Ordinance No. 6398 - Pull Tabs
SCORE Jail Stats
Street Sweeping Schedule
Auto Thefts
O
O
N
N
op
N
N
M
o.
Page 28 of 28
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