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HomeMy WebLinkAbout6519 ORDINANCE NO. 6 5 1 9 AN ORDINANCE OF THE CITY COUNCIL THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 2.92 OF THE AUBURN 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: Chapter 2.92 CODE OF ETHICS Sections: 2.92.010 Policy. 2.92.020 Definitions. 2.92.030 Prohibited conduct. 2.92.040 Ethical standards. 2.92.050 No right of action created — Effective date. 2.92.060 Enforcement. 2.92.010 Policy. A. Purpose. The 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 - - - - - - - - - - - - - - - Ordinance No. 6519 October 14, 2014 Pagel 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. Compliance with Ethics Laws. Officials shall comply with the individual conduct requirements of 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, including but not limited to the below list. Councilmembers shall also comply with the - - - - - - - - - - - - - - - Ordinance No. 6519 October 14, 2014 Page 2 ethical, professional and courtesy requirements of the City of Auburn Council Rules of Procedure. • Chapter 9A.72 RCW- Perjury and interference with official proceedings • RCW 35A.12.060 - Vacancy for nonattendance • Chapter 35A.12 RCW- Mayor-council plan of government. • Chapter 40.14 RCW - Preservation and destruction of public records • RCW 42.17A.555 - Use of public office or agency facilities in campaigns — Prohibition — Exceptions • RCW 42.17A.565 - Solicitation of contributions by public officials or employees • Chapter 42.23 RCW - Code of ethics for municipal officers — Contract interests • Chapter 42.36 RCW -Appearance of fairness doctrine — Limitations • Chapter 42.56 RCW - Public Records Act • Chapter 42.52 RCW - Ethics in Public Service B. 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 (13)(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 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 (13)(1) of this section: (a) Unsolicited flowers, plants and floral arrangements; - - - - - - - - - - - - - - - Ordinance No. 6519 October 14, 2014 Page 3 (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 Q) 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 (13)(2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item. C. 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, 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. For the purposes hereof, including the funding of an event, activity, or function in the approved city budget for applicable public officials constitutes a finding by the city council that there is a corresponding benefit to the city to have its public officials attend or participate such event, activity, or function. 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 Enforcement. A. The provisions of this chapter shall be enforceable in accordance with the statutory authority referenced herein. B. Enforcement of a violation of this ethics code against a councilmember shall be reviewed by an ad-hoc committee comprised of three members of the city - - - - -- - - - - - - - - - Ordinance No. 6519 October 14, 2014 Page 4 council, which ad-hoc committee shall make a recommendation to the city council. The ad hoc committee shall be created for this purpose when called for by the deputy mayor, and members of such ad hoc committee shall be appointed by the deputy mayor; provided that the mayor shall act to call for the ad hoc committee and appoint members to such ad hoc committee if the deputy mayor is disabled or precluded from acting in that capacity. Neither the councilmember about whom a complaint has been voiced, nor the councilmember who voiced the complaint, shall be appointed to the ad hoc committee or entitled to vote on any council action related to the complaint. C. Enforcement of a violation of this ethics code against the public official of the city other than a councilmember shall be as directed by the mayor or the human resources director, in accordance with city policies. 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, 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. INTRODUCED: NOV -3 2014 PASSED: NOV -3 2014 APPROVED: NOV -3 2014 ATTEST: t\(an U't"—�)C�A 1'0 NA Y CKUS, MAYOR C u�( D ielle E. Daskam, City Clerk AP Kfj O FOR iel B. ei , ity ttorney PUBLISHED: - - - - - - - - - - - - - - - Ordinance No. 6519 October 14, 2014 Page 5