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Council PKT 01-19-2010 SpecialPACKET SPECIAL MEETING COUNCIL MEETING DATE: January 19, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: �. a SUBJECT: FOLLOW-UP/CLARIFICATION JANUARY 5, 2010 STUDY SESSION POLICY QUESTION: SHOULD THE CITY COUNC[L D[RECT THE CITY ATTORNEY TO PREPARE DOCUMENTS SETTING FORTH (1) THE WAY COUNCIL INTENDS TO COIYDUCT BUSINESS; (2) CITY COUNCIL'S POWERS; (3) THE MAYOR'S AUTHORITY; AND (4) THE GHIEF ADMINISTRAT[VE OFFICER POS[T[ON? COMMITTEE: N/A CATEGORYt ❑ Consent ❑ City Councit Business ❑ Ordinance ❑ Resotution MEETING DATE: ❑ Public Hearing � Other . STAFF REPORT BY: Pat Iiichardson Ci Attorne _ DEPT: Law _..... _ ___ ..__ __. _..__.... --------------.. _. _ _ ..__ � _. _�' ._ _ _Y __.. _._.. --- - - . __ .__. _ __ . _...---...----- -- — - ----- Attachments: (1) Staffreport and (2) proposed reso(ution regarding Council's intent in conducting business; Options Considered: Council options are set forth in the Staff Report. STAEF RECOMMENDAT[OtY: N/A C[TYMANAGERAPPROVAL: d-w�� f "�� aVN ''h DIRECTOR APPROVAL: � Committee Council Committee Council COMM[TTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "Direction given to the City Attorney as set forth in the Staff Report " (BELOW TO BE COMPGETED BY CITY CLERKS OFFlCE) COUNCIL ,�►CTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/lY0 ACTION Enactment readiag ❑ MOVED TO SECOND READING (ordinances ontyJ ORDINANCE # REVISED — 02/06/2006 RESOLUT[ON # 1 C1TY QF , � �'ederal Way CITY ATTORNEY'S OFFICE MEMORAIYDUM DATE: JANUARY 8, 2010 TO: COUNC[L MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHI£F FROM: PATRIC[A RICHARDSON, CITY ATTORNEY ��` � SUBJECT: FOLLOW-UP AND CLARIFICATION At the January 5, 2010 study session Council discussed (1) Council's authoriry; (2) the Mayor's authoritq; and (3) the Chief r�dministrative Officer position. Council inquired about the interaction with the mayor. The following outline attempts to address each of the above areas with options for Council decision, and provides for specific direcuon to the City r'�ttomey. OUTLINE 1. Interacrion with the Ma�or. Council asked questions and discussed conducting City business with the elected mayor. Three areas identified were (1) contact with Ciry Employees; (2) budget; and (3) regional meetings. In an effort to address tt►ose issues, the Ciry Attorney drafted a proposed resolution to address those issues and possibly other situations that may arise. This resolu[ion can be modi6ed and brought before Council to take action at a Ciry Council meeting. Direction to the City Attorney: Present the attached proposed resolution at the February 2, 2010 City Council meeting for action. Modify the attached proposed resolution and present it at the Februaxy 2, 2010 City Council meeting for action. 2 2. Council Powers. The Ciry's Code incotporates and references State law throughout in an eEEort to . avoid redundancy, inconsistency, and misinterpretation. The cross reference to RCW 3��.12 provides for the broadest interpretation under State la�v. - Some Council members indicated that setting forth Council meetings, executive session, the number of council seats, etc. was not necessaty in the Code. Direction to the City Attorney: Prepare an ordinance for establishing Council's power with the following the provisions: Reference RCW 35A.12 Number of Council seats Council meetings Other 3. Mayor's authorit�. As stated on January 5�, the City r'�ttorney had not prepared a proposed ordinance, because the issue of the Mayor's salary was to be discussed on January 19�. However, the substance of the I�Tayor's authority can be addressed. Direciion to the City Attorney: Prepare an ordinance conceming the mayor's authority with the follow provisions: Reference RCW 35A.12 Full time basis Council conFirm appointments of identified employees Compensadon 4. Chief Administrative Officer Position. It appeared from the discussion that Council desired to create the Chief Administrative OEficer ("C�O") position. However, it was not clear what criteria Council wanted to include in the orclinance. Direcrion to the City Attorney: Prepare an ordinance on the CAO as follows: Create the position Establish the qualifications in the same manner as Kent: (1) graduate oE recognized college or university; (2) at least five years experience; and (3) as deemed apptopriate by appointing authority 2 3 Duties General oversight of the city departments as delegated by the mayor Responsible for general operations, public relations and governmental affairs Perfortn other duries as prescribe by the council and/or directed by the mayor K:\cm\electedmayor\staff reports\followup\1-Smtg RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Expressing Council's Intent for Conducting Business under the Mayor-Council Form of Government. WHEREAS, on November 3, 2009, the citizens voted to change the form of city government to Mayor-Council; and WHEREAS, the Federal Way City Council is committed to provide quality leadership during the transition from the Councit-Manager form of government to the Mayor-Council form of government, after the first elected mayor assumes office, and continue into the future years; and WHEREAS, the Federal Way City Council recognizes that there are three separate branches of governrnent in the City — the Iegislative, the executive and the judicial; and WHEREAS, the Federal Way City Council recognizes that the separation between the mayor's authority and the council's powers may overlap and may not be clearly defined in all insta.nces; and WHEREAS, it is in the best interests of the citizens for the Mayor and the Ciry Counci( to work collaboratively to continue the vision of Federal Way; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section l. Cit SY taf£ The City Council will continue to need the support of City Staff to perform its duties, and expects staff support will continue under the Mayor-Council form of government. Resolution No.09- Page I oj3 Rev 1/10 5 Section 2. Financial Matters. The City Council will continue to act fiscally responsible and expects that culture ta�continue under the Mayor-Counci( form of government. Section 3. Regional Presence. The City Council recognizes the Mayor-Council form of government presents greater opportunity for City representation at regional meetings, and expects to continue contributing towards such goal. Section 4. Collaborate. The City Council will work colIaboratively with the Mayor to continue providing the vision and leadership for the citizens, and to continue a pleasant working environment. Section 5. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 6. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary conections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8. Effective Date. This resolution shall be effective upon the change of government to Mayor-Council. Resolution No.09- Page 2 of 3 Rev 1/10 6 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2010 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHAR.DSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: [C:\cm\electedmayor�reso conduct business Resolution No.09- Page 3 oj3 Rev U10 7 COUNCIL MEETING DATE: Study Session January 19, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Z SUBJECT: PROCESS FOR SET'I'ING THE ELECTED MAYOR'S SALARY POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND FEDERAL WAY REVISED CODE (•" 2.80.020 AND 2.80.060(1) DELETING REFERENCES TO THE MAYOR SO THAT THE C[TY COUNCIL MAY ESTABLISH THE ELECTED MAYOR'S SALARY? COMMITTEE: CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ Resotution MEETING DATE: ❑ Public Hearing � Other STAFF REPORT BY: PATRICtA RICHARDSON, CITY ATTORNEY DEPT: Law The [ndependent Salary Corremission is conducting public meetings every Wednesday night in January to discuss the salaries of Council and the Mayor. Some of the members of the Independent Salary Commission may be present to explain the Commission's process and to answer any questions. � Attachments: (1) Updated Staff Report; (2) a comparison of the two processes to establish the e[ected Mayor's salary; (3} a tabie showing jurisdictions that have an Independent Salary Commission; (4) the Independent Salary Commission's Guiding Principles; and (5) the Independent Salary Commission's factors to be considered. Options Considered: 1. Do not amend FWRC 2.80.020 and 2.80.060(1) thereby leaving the authority to set the elected Mayor's salary with the Independent Salary Commission. 2. Amend FWRC 2.80.020 and 2.80.060(1) by deleting references to the mayor, and meet on February 16, 2010 for Council to discuss the sa(ary. � STAFF RECOMMENDATIOIY: N/A CITY MANAGER APPROVAL: j�.ti/�'� /' DIRECTOR APPROVAL: Committee Councit Committee Council COMMITTEE RECOMMENDATIO(V: Committee Chair Committee Member Committee Member PROPOSED COUNC[L MOTIOIY: " move approval of Option (BELOW TO BE COMPLETED BYCITYCLEItKS OFFICE) COUNC[L ACTION: ❑ APPROVED COUNCIL B[LL tJ ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACT[OlY Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV[SED - 02/06/2006 RESOLUTION # CiTY OF � ` Federal Way CITY ATT�RNEY'S OFFICE MEMORANDUM UPDATED DATE: JANUARY 4, 2010 TO: CITY COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF FROM: PATRICIA RICHARDSON, CITY ATTORNEY �'� SUB.TECT: STAFF REPORT — MAYOR SALARY Council will be discussing the process Eor setting the elected mayor's salary at the January 19, 2010, study session. This issue needs to be decided soon as Iiing County inEormed the Ciry Clerk on January 7, 2010, that they need the mayor's salary by April 1, 2010, because it is used to calculate the candidate's filing fee. The Eollowing background and statutory criteria for the Independent Salary Commission is provided as informational material to assist Council in its discussion. BACKGROUND Inidally the ��C/ashington State Constitution prohibited all elected officials from adjusting the official's salary (increasing or decreasing) during the term of office. A salary adjustment �vould need to be set before the term of oEfice to be implemented at the beginning of the term. The practical effect of the Limitation would result in officials with the same authority receiving different compensation based upon the term of ofFice. For example, if the salary would be adjusted in 2000 only those Council members beginning their term of office January 2001 would be eligible for the adjustment. The others could not receive the adjustment until the beginning of their term in 2003. In 19G7 the �k/ashington State Constitution was amended to provide that officials' sala.ry could be adjusted mid-term provided that the individual did not participate in the salary decision. Participation was broadly interpreted. Consequendy, an elected mayor's salary could not be adjusted mid-term if the position had the authoriry to veto ordinances. INDEPENDENT SALARY COMMISSION In 2001 the State Legislature enacted legislation authorizing cities to form Salary Commissions for the purpose of adjusting elected officials' salary mid-term as long as it was established via an ordinance. Federal ��'ay Revised Code 2.80 et seq tracks the statutoty language: 1. The Commissioners are appointed by the Mayor �vith approval by the City Council. 2. No Commissioner may sen-e more than t�vo terms. 3. Removal oE a Commissioner is limited to: (1) incapacity; (2) incompetence; (3) neglect of duty; (4) malfeasance; or (5) disqualifying change of residence. 4_ Commissioners must be independent and cannot be the parent, spouse, sibling, child or dependent xelative of any city officet, official or employee. The Independent Salary Commission uses objective criteria to study the relationship of salaries to the duties of mayor and the city counc.ilmembers and to adjust the salary accordingly. The proposed salary is submitted to the Ciry Clerk Eor publication. Council cannot take any action or influence the Independent Salary Commission's proposed salary — only the public can affect it through the referendum process. Federal Way's Independent Salary Commission was established in 2003 by Ordinance No. 03-439. SALARY The term "salary" usually includes the dollar amount earned and any beneEits that the employer may provide (i.e. rerirement, health insurance, etc.). In Federal ��/ay the salary of the Council does indude some specific benefits. The information Erom the other jurisdictions as to the salary did not include the value of the benefits, but is only the dollar payment. In many jurisdictions the mayor will receive the same benefits as the employees. However, establishing the benef ts is comples because, for example, the directors receive varying benefits. OPTIONS There are three possible scenarios for Council's consideradon: 1. Independent Salary Commission sets the mayor's salary, which includes the benefits. 2. Independent Salary Commission sets the mayor's dollar payment and Council sets the mayor's benefits. 3. City Council sets the mayor's salary, which includes the benefts. If Council selects oprion 2 or 3, the Ciry Attorney will return with a proposed ordinance Ear first reading at the next City Council meeting. K:\cm\elected mayor\staff report mayor salary updated 10 PROCESSES TO ESTABLISH MAYOR'S SALARY Independent Salarv Commission Meet January 20,22,& 28 Publish salary City Council 2/2/10 — First reading ordinance amending FWRC 2.80 2/16/10* — Study session to discuss and set Mayor's salary Second reading & enactment ordinance amending FWRC 2.80 Effective when Mayor assumes office *Council may need additionat meetings. K:\cm\electedmayor\salaryprocess 3/2/10 — First reading ordinance setting Mayor's salary 3/16/10 — Second reading & enactment set Mayor's salary Effective when Mayor assumes office 11 LIST OF CITIES WITH SALARY COMMISSION Out of 176 Cities listed with Municipal Research Service Center, 29 cities utilize a Salary Commission for setting and reviewing salaries of the Mayor and Council. Bainbridge Island Bellevue Bremerton * Bonney Lake Bothell Buckley Connell Dupont Edmonds Everett Federal Way Fife Gig Harbor Issaquah Kirkland La Center Oak Harbor Longview Marysville Mercer Island Mountlake Terrace Puyallup Redmond Spokane Valley Stanwood Sumner Sunnyside Vancouver Washougal *Commission does not determine salary for the Mayor. K:/City Manager/Elected Mayor/Salary Commission Cities 12 M ri • Consider tota I com pensation : sa la ry and be n efiits • Be fair to the mayor and council M � • Be accou nta ble to the taxpayers � � . • ■ • a i rn ess n cco n t � i a u a Fairness • Salary and benefits should not be significantly less than what comparabie citie.s typically pay for comparable positions • Salary and benefits should be reviewed and adjusted, as necessary, at least every two years • Accountability • Salary and benefits should not be significantly more what comparable cities typically pay for comparable than positions � .� • Poor city-government economic conditions (as refilected, for example, in salary freezes or iayoffs) should be kept in mind � � • Located in state of Washington • Having populations within appropriate range� • Range is small enough to support "comparability" �, � . Range is large enough to provide a� least 8 to 10 cities for comparison • Comparable positions • Councilmember: similar responsibilities • Mayor: same type of city government, with mayor selected by council • Comparable cities � � roac • Use recent data for comparabie cities to establish cou nci I mem ber sa la ry a nd benefits package • Set mayor's sa lary based on typica I mayor/cou nci I� sala relationshi s for council-mana er e of rY p 9 tYp govern ment • Provide mayor same benefits package as councilmembers (barring a "market-based" reason to deviate) COUNCIL MEETING DATE: Study Session January 19, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: CAMPAIGN FINANCING POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CITY ATTORNEY TO DRAET AN ORDINANCE ESTABLISHING LOCAL REGULATIONS FOR CAMPAIGN FINAIYCING? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: ❑ Public Hearing � Ot6er STAFF REPORT BY: Pat Richardson Cit� Attorne DEPT: Law _...--.....----------- ................--- ------_...--------- ---�...--- -------- -y----.._...----....-------------------- -------- ------....-------._..._.._...-- ---------------- Attachments: Staf#'report with attachments and copies of other jurisdictions code provisions. Options Considered: l. Direct the City Attorney to draft an ordinance as discussed concerning local campaign financing. \ 2. Do not take any action regarding local campaign financing. STAFF RECOMMENDATIOK: n/a CITY MANAGER APPROVAL: ��✓+�`'+�) ���' DIRECTOR APPROVAL: ,�, Committee Council Committee Councd COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " move approval of Option (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COU�ICIL BiLL t� ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordrnances only) ORDINA�lCE # REV[SED- 02l06/2006 RESOLUT[ON tt 17 c�rv aF ' �' F�deral Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: JANUARY 8, 20t0 TO: COUNC[L MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF FROM: PATRICIA RICHARDSON, CITY ATTORNEY ���" SUBJECT: STAFF REPORT - CAMPAIGN FINANCING The timeline Eor the transition to the Mayor-Council form of government includes the topic of campaign fmancing. At the January 4� Study Session Council requested that the discussion begin at the January 19, 2010 Study Session instead of waiting until February 2nd. This staff report will provide a brief historical background. The attachments include a table comparing the provisions in other jurisdictions, copies oE code pxovisions from other jurisdictions, and copies of criteria from the Public Disclosure Commission's �veb site. BACKGROUND Initiative 276 was approved by the voters in November 1972, and subsequendy codified in the Revised Code of Washington undex RCW 42.17. This initiative addressed campaign Eu as well as public records. "I'he express statutory policy provides in part; (1) That political campaign and lobbying contributions and expenditures be fully disclosed to the public . . . (3) That the people shall be assured that the private Enancial dealings oE their public officials, and oE candidates Eor those oEfices, present no conflict of interest betcveen the public trust and private interest . . . In order to monitor campaign financing the Public Disclosure Commission ("Commission") was created and regulations enacted for candidates to complete Eorms and file the infortnation with the Commission. (See attached information from the Commission's web site). Subsequendy, in 1992 another initiative was passed concerning limits on campaign contributions. The specific statutory findings state: The people of the state of Washington fmd and declare that: 18 (1) The financial strength of certain individuals or organizations should not permit them to exercise a disproportionate or controlling influence on the election of candidates. (2) Rapidly increasing political campaign costs have led many candiciates to raise larger percentages of money from special interesxs with a specific Financial stake in matters before state governrnent_ This has caused the public perception that decisions of elected officials are being improperty influenced by monetary contributions. (3) Candidates are raising less money in small contributions from individuals and more money from special interests. This has created the public perception that individuals have an insignificant role to play in the political process. State law address campaign contribution limits for state, county, special purpose district, and judicial positions. State law does not address campaign contribution limits for ciry council positions. The attached table of contribudon limits and explanatory page is from the Commission's web site: OTHER jURISDICI'IONS Even though the Commission does require all candidates to file campaign financing information, Redmond and Renton require fiting the same or similar informaaon with them. Kirkland and Issaquah have established campa.ign contribution limitations for council positions. The attached table, which includes King and Pierce County — subject to Commission regulations, shows the various requirements concerning campaign financing. POSSIBLE NEXT STEPS If Council does want to enact an ordinance addre'ssing campaign hnancing the following is a list of items that may be included in the ordinance: 1. Definition (may cross reference State la�v RC�`t/ 42.17.020) and 'can also enumerate speciFc definition (i.e. Issaquah) 2. Local filing requirement 3. Contribution limit 4. Enforcement process 5. Othex K:\cm\electedmayot\staffreport\campaign finance 19 CAMPAIGN FINANCING LOCAL OPTIONS Issaquah Kirkiand Redmond Renton King Pierce Coun Coun File File with File with File with State- City Clerk City Clerk County ments Auditor Contribu- $500 PDC $1,200 per County tion limit election amount person for personnel cycle executive, no more county than $100 council, sheriff, or assessor* Enforce- Code Hearing Incorporate Violation = Civil Hearing ment Compliance examiner State law for misdemeanor violation Officer Officer file process; penalties and plus penalty with fine up process; infraction penalty enforcement; m� $500; if to $1,000 per appeal to in up to 3 and Late = convicted of violation; Ethics Municipal times the $25/day with misdemeanor prosecutor Comm.; Court; illegal max $500 auto forfeit assists CiviI Monetary amount; office prosecution infraction penalty appeat to with based upon Superior penalty amount Court ma�c above $500 $1,000; � limit each violation counted se aratel Charit- Defined; able violation is Organi- misdemeanor zations monetary penalty *Even-numbered years adjust amount as reflected by PDC K:\cm\electedmayor\campaign\table f�Z1] Filing Requirements for Local and Judicial Candidates Page 1 of 2 Siic:n;:o -' ;;mmr.^ts fii�il[linc� t:nnfiriet�ce ir� itie i�aliita��t nsoct�ss pc r•.:as:� ���� Puht"rc D�isciosure Commission '.:. ���HOfAE � �� PU8LIC F2E50URCES� �,. �FIi.ER RESOURCES� , : �� . SEAftC�i TtiE OAT�BASE ::��� VIE`fd ACTUAL i2EPORTS� �... ., t.i �.�.1��. _> .it�4•:'�.:'c=5 .?a�r:ti„ .... . ,!;J : _a.. :a:rRS ..-=G > A--CifJ'_.. .. . t::= _ ...'..=K i_: <... Resaurces A'FF3UAtS ? 9itOCHVRE3 FQRMS £IECTRO4fC FILitJG OPTtOD. 7R4iNtNG I.O�hi.; �-'!��:i: fAi. STATE EXECUTIVE I IEGISLATIVE Basic �iiing Requ+rements for Lacal and Judicial Candidates According to the disclosure law, you become a ca�didate when you: raise and spend money for your campaign. reserve space or purchase advertising to pranote yau candidacy, authorize someone else to do any of these activities tor you, state publidy that you're seeking office, or file a deGaration of candidaq, whichever happens first. First Tim2 Gandidate? G°i ans:•rers to frequenHy asked questions by first time candidates. (PDF) � Fuii Reoorting Scheduic Reporting dates for 2010 . Contribution iimits Infortnation about contributions limits for local candidates. Paiiiica8 AdreRis'sna - PDF i�fortnatiortabout political advertising for your campaign. � Kaeping Books Helpful hints for tracking your campaign contt�ulions. Fw assista�ce cail toll hee at: tsn-�o�-zasa. Are You Requirec! Ta Fil� A Disclosure Report? Are you a candidate: (1) for federel office; (2) in a town or jurisdiction that had fewer than 1,000 registered volers as ot the last generel election and you have not received and do rrot expect to receive conVibutions of $5,000 or more in the aggregate; (3) for precinct committee officer; or for an office in a distrid where voters must own property or have other special qualfications (e.g., imgadon, diking, or flood control)? N£3 v YES > No state reports are teQuired. Are you a candidate who has rrot . received and dces not exped to receive campaign contributions totalling $5,000 . w more (including your own money) runnmg for office in a city, town a taxing Y�5 ? disVict that does not indude the entKe county and ihat tiad fewer than 5,000 regislered voters as of the last ge�erel election? (Chedc with couMy elections office. ) NC v Are you a candidate who has not received and does not expeG to receive campaign contributions totalling $5,000 or more (inGuding your own money) and will not accept more than $500 hom any contributor other than yourself and you are anning for county office or in a city, town, or taxing distrid with 5,000 0� more regfstered voters? NG v File Forms f-7 and C-1 within two weeks of becoming a candidate. File C3 and C� reports according to the =ufi r^.soor.ir:a �chccu:z. ALSO When a candidate receives a?ast mi�ude ccn?ri�i '.:I3+1 O� 3"'3OL' 0: ?':?GF2 during the 7 days before prirnary eiection and 21 days before general election, Mey are required to file a report within 48 hours of or the first wwking day after its receipt. Did you spend over 510.0009 Candidates that e�e�ded $10,000 ar mare the preceding year or expect to speM $10,000 in the curtent year are required to file campaign finance repoRs elecWnically. PDC staff provides free eledronic filing so(tware and training to aN candidates. 21 File a finandal affairs statement (Form F-1 � within two weeks of becoming a candidate. No other reports are required. File fams F-1 and C-1 within ,�� ? two weeks of becoming a candidate. No other reports are required. http://www.pde.wa.gov/filers/candidates/local/Default.aspx 1 /6/2010 2010 Key Reporting Dates for Candidates DATE ACTIVITY C-4 REPORT PERIOD Wthin two weeks of File a C-1 (non-incumbents atso file an F-1) becoming a candidate Jan 11 File monthiy C-4 & C-3, if necessary Feb 10 " Mar 10 " " Apr 12 " " May 10 " June 1 Begin filing C-3 reports weekly, each Monday, for deposits made during previous 7 days (Monday thru Sunday) June 7- 11 Declaration of candidacy filing week June 10 July 6 July 27 Aug9-16 Aug 10 Aug 10 - 16 Aug 17 Sept 10 Sept 21 Oct 12 close of tast report thru Dec 31 close of last report th�u Jan 31 close of last report thru Feb 28 close of last report thru Mar 31 close of tast report thru Apr 30 File monthly C-4, if necessary close of last report thru May 31 Final day to change from mini to full reporting without special circumstances' 21 day pre-primary C-4 due June 1 thru July 26 Campaign books open for public inspection 7 day p�e-primary C-4 due July 27 thru Aug 9 Speciaf reports due if candidate receives contributions of $1,000 or more from one source. PRIMARY ELECTION DAY Post-primary C-4 due Aug 10 thru Aug 31 Final day to change from mini to full reporting without special circumstances' 21 day pre-general C-4 due Sep 1 thru Oct 11 Oct 12 — Nov 1 Special reports due if candidate receives contributions of $1,000 or more in the aggregate from one source. Unless the contribution is from the state committee of a major political party or a minor party, a candidate may not �ow receive from one source contributions totaling over $5,000 in the aggregate.' Oct 25 — Nov 1 Oct 26 Nov 2 Dec 10 Jan 10 (2011) Campaign books open for public inspection 7 day pre-gene�al C-4 due GENERAL ELECTION DAY Post-general C-4 due (and C-3, it necessary) End of election cycle C-4 due (and C-3, if necessary) Oct 12 thru Oct 25 Oct 26 thru Nov 30 Dec 1 — Dec 31 � See WAC 390-16-125. z Only required of candidates whose names will appear on the primary election ballot or who are running as write-in candidates in the primary election. Candidates who are only in the general election file monthly reports for June, July, and August — these repo�ts are due on the 10�' of the following month. 3 Does not constitute authority to exceed any aQplicable local or state contnbution limit. 8/09 22 M N PUBUC DISCLOSURC COMMISSION .�. 711 CAPITOL WAY RM 206 �� PO BOX 40808 OLYMPIA WA 984040908 (980) 763-1111 or 7-977-807•2828(toll fmo in WA Ststs� RECIPIENTS _ .._ _.. ! County office and ', port commissioner candidates running for office in jurisdictions with : more than 200,000 ; registered voters ' are subject to ' contribution limits. State Party � Applicable No Limit County and Caucus Political State Party LD Party Committee Committees (House or No Limit No Limit No Limit $0.80 per Reg. Voter per cycle $0.80 per Reg. Voter per cycle $1,600 per election $0.80 per Reg. Voter per cycle $0.80 per Reg. Voter per cycle No Limit County or LD � No Limit I No Limit Committee Statewide Execufive Candldate Committee Legis/ative Candidate Committee Judic/al P/erce, Spokane, or Snohomish County O�ce Candidafe Committee Port of Seatt/e or Tacoma Commissioner Candldate PA CS No Limit $0.80 per Reg. Voter per cycle $0.80 per Reg. Voter per cycle $1,600 per $0.80 per Reg. Voter per cycle $0.80 per Reg. Voter per cycle No Limit No Limit $0.40 per Reg. Voter per cycle �o.4u per Reg. Voter $1,600 per election $0.40 per Reg. Voter per cycle (Joint Limit) $0.40 per Reg. Voter per cycle (Joint Limit) No Limit • Per cycle means aggregate during the period from January 1 after the date of the previous general election for the office through December 31 after the upcoming general election for the office. • Per election means per each primary, general, or special election for that office. • Per calendar year means aggregate during the period from January 1 through December 31 each year. • Contributions designated for the exempt account of a bona fide political party are NOT subject to limit, except during the 21 days before the general election when the $5,000 maximum applies. See next column, CONTRIBUTION LIMITS (Effective Jan'uarv 1, 2010) Candidate Committees Only from Surplus Funds No Limit Only from Surplus Funds No �imit Only from Surplus Funds No Limit Pacs, Unlons, Corps and ofher entlties Individuals � No limit No Limit No limit $1,600 per election $800 per election $1,600 per election $800 per election $1,600 per election No Limit �4,uuu per No Limit calendar year �exempt) non-exem t $4,000 per No Limit calendar year �exempt) non-exem t $800 per calendar year $1,600 per election $800 per election $1,600 per election $800 per election $1,600 per election No Limit .• During the 21 days before the general election, no contributor may donate over $50,000 in the aggregate to a candidate for statewide office, or over $5,000 in the aggregate to a candidate for any other office or to a political committee. This inciudes contributions to a party committee, as well as a candidate's personal contributions to his/her own campaign. It does not apply to contributions from the state committee of the WA State Democratic, Republican or Libertarian Party or from a minor party. 12l15//09 Contribution Limits to Candidates Subject to Limits A candidate subject to limits is prohibited from accepting aggregate contributions exceeding the following amounts: Source af Contribution To State Executive or To Legislative or Port Commissioner* County Office* Candidates Candidates Individual $1,600' $800' Union or Business 1,600' 800' Political Action Committee 1,600' 800' State Party Central Committee .80/voter .80/voter Cou�ty Party Central Committee _40/voter .40/voter Legislative District Committee .40/voter .40/voter Minor Party Committee .80/voter .80/voter Legislative Caucus Committee .80/voter .80/voter *only in jurisdictions with more than 200,000 registered voters as of the last Gene�al Election Any judicial candidate is prohibited from accepting aggregate contributions exceeding $1,600 per election fram any source. 1 This is a per election limit; each primary, general and special election is considered a separate election_ This limit does not apply to the candidate using personal f unds to give to his or her ow n campaign. The timit does applv to the candidate's spouse. Primary election contributions must be made on or befare the date of the primary unless a candidate lost the primary and has debt to retire. Contributors may continue to make contributions to a candidate w ho loses the primary election and has insufficient funds to pay debts outstanding until the debt is retired or 30 day s after the primary, whichever comes first. General election contributions must be made no later than December 31 of th e election year. During the 21 day s before the general electi on. no candidate for legislative office or local office may contribute to his or her own campaign more than $5,000 in the aggregate, and no candidate for state executive office or supreme court justice may contribute to his or her own campaign more than $50,000 in the aggregate. 2 The limit amount of $.80 times the number of registered voters in the j urisdiction (as of the last general election) is for the entire election cycle. The election cvcle is from January 1 after the last election for the office or the start of the candidate's camc�aian -- whichever is later -- throuqh December 31 of the election year in which election is souQht. Contributions must be made no later than December 31 of the election year. 3 During the election cycle (defined in #2 above), ali county central committees and legislative district committees in the state share a com bined limit to each candidate of $.40 times the number of registered voters statew ide as of the last general election. (How ever, during the 21 days before the general election, neither a county central committee nor a legislative district committee may give a state executive office candidate more than $50,000 in the aggregate.) Contributions must be made no laterthan December 31 of the election year. 4 A county central and legislative district committee may only contribute to a candidate if voters residing in the county o� legislative district are entitled to elect the candidate to the of fice sought. During the election cycle (defined in #2 above), a legislati ve district committee, in conjunction with all county central committees in that district, share a combined per candidate limit of $.40 times the number of registered voters in the legis lative district as of the last general election. (How eve�, during the 24 days before the generai, neither a county central committee nor a legislative district committee may give a legislative candidate more than $5,000 in the aggregate.) Contributions must be made no later than Decem ber 31 of the election year. 5 The limit amount is for the entire election cycle. The election cycle is from January 1 after the last election for the office or the start of the candidate's campaign -- whichever is later — through Decem ber 31 of the year in which election is sought. (However, during the 21 day s before the general, a caucus political com mittee may not give a state executive candidate more than $50,000 in the aggregate or a legislative candidate more than $5,000 in the aggregate.) Contributions m ust be made no later than Decembe� 31 of the election year. i2n sios 24 CAMPAIGN FINANCING Issaquah Kirktan Redmond Renton King Pierce d Coun Coun File File with File with File with Statements City Clerk City Clerk County Auditor Contribr�ti $500 PDC $1,200 per County on limit election amount person for personn cycle executive, el no county more council, than sheriff, or $100 assessor* Enforce Code Hearing Incoiporate Violation = Civil Hearing mechanism Complian examine State law misdemean violation Officer s ce Officer r for or plus with fine process; file process; penalties penalty up to appeal infraction penalty and max $500; $1,000 per to Ethics in up to 3 enforceme if convicted violation; Comm.; Municipal times nt; and of prosecutor Civil Court; the Late = misdemean assists infractio Monetary illegal $25/day or auto prosecution n with penalty amount; with max forfeit penalty based appeal $500 office m� upon to $1,000; amount Superior each above Court violation $SOO limit counted separatel Y Charitable Defined; Organiza- violation is tions misdemean or *Even-numbered years adjust amount as reflected by PDC K:\cm\electedmayor\campaign\tab le 25 ORDINANCE NO. 2554. AN ORDINANCE OF THE CITY OF ISSAQUAH, WASHINGTON, ADDING A NEW CHAPTER 1.30 TO THE ISSAQUAH MUNICIPAL CODE ENTITLED "CAMPAIGN FINANCE PROVISIONS"; ESTABLISHING A$504 LIMIT ON CAMPAIGN CONTRIBUTIONS FOR THE OFFICE OF MAYOR AND COUNCIL MEMBER; PROVIDING FOR ENFORCEMENT; ESTABLISHING PENALTIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE . WHEREAS, campaign finance reform measures taking the form of mandatory candidate contribution limits have been adopted in the City of Seattle, and similar restrictions have been in place at the County, State and Federal levels for quite some time; and WHEREAS, in the interest of maintaining Issaquah's (ong history of free and fair elections, additions to the Issaquah Municipal Code are being adopted to establish mandatory limits on campaign contributions of $500 for Mayora4 and Council races, to include the value of all monetary and in-kind contributions from a single donor. NOW, THEREFORE, THE CITY COUNC[L OF THE CITY OF ISSAQUAH, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. A new chapter 1.30 entitled Campai�n Finance Provisions is hereby added to the IMC to read as follows: Page 1 of 6 26 CHAPTER 1.30 Campaign Finance Provisions. 1.30.010 Intent. I.3Q.015 Definitions. I.30.020 Limits on timing of contributians. 1.30.030 Limits on contributions. 1.30.035 Enforcemeat process. 1.30.040 Civil violation. 1.30.O1Q Intent. A. It is the public policy of the City: l. That politicat campaign contributions and expenditures be fu(ly disclosed to the public and that secrecy in the sources and application of such contributions be avoided; 2. That the people have the right to expect from their elected representatives the utmost integrity, honesty and fairness in their dealings; 3. That the people shall be assured that the private financiai deatings of their public officials, and of candidates for those offices, present no conflict of interest between the public trust and private interest; 4. That our representative forrr► of government is founded on a belief that those entrusted with the offices of government have nothing to fear from full public disclosure of their financial and business holdings, provided those officials deal honestly and fairly with the people; 5. That public confidence in municipal government is essential and must be promoted by atl possible means; 6. That pubtic confidence in municipat government can best be sustained by assuring the people of the impartia(ity and honesty of the of�icials in alt public transactions and decisions; 7. That small contributions �y individual contributors are to be encouraged; $. That the public's right to know of the financing of political campaigns far outweighs any right that this matter remain secret and private; Page 2 of 6 27 9. That, mindfu( of the right of individuals to privacy and of the desirability of the efficient administration of government, full access to inforrnation concerning the conduct of municipal government must be assured as a fundamental and necessary precondition to the sound governance of a free society; and 10. That, while a candidate's contributions of his or her own resources cannot be limited under law, candidates for municipal government offtces are encouraged to engage in fair play and respect the spirit of our community by not utilizing excessive amounts of self-funding during a campaign. B. The provisions of this section shalt be (iberally construed to promote comp(ete disclasure of alk information respecting the financing of political campaigns so as to assure continuing public confidence of fairness of elections, so as to assure that the public interest wili be fully protected_ In promoting such complete disclosure, however, this section shall be enforced so as to ensure that the information disclosed wilt not be misused by arbitrary and capricious purposes and to ensure that all persons reporting under this chapter will be protected from harassment and unfounded allegations based on information they have freely disclosed. C. Further, it is the intent of the Council that this Chapter be interpreted and applied consistent with the de minimus maxim, that inadvertent minor violations of this chapter may be corrected and cured without full penalty in a manner consistent with the spirit and intent of this chapter. 1.30.015 Definitions. A. Un(ess otherwise enumerated in this section, all relevant definitions associated with this chapter sha([ 6e those found in RCW 42.17.020, as now exists or as may hereafter be amended. B. "Election cycle" means that period of time from January lst of the year in which an election for citywide office is held, until 14 days after the date of that generat election. 1.30.020 Limits on timing of contributions. A candidate for Mayor or member of the City Councit may only accept or receive a campaign contribution during an e(ection cycle. Page 3 of 6 28 1.30.030 Limits on contributions. A. Limits. No candidate for Mayor or member of the City Council shall soticit or accept campaign contributions of more than Five Hundred Doliars ($500) from any person in any election cycle, as reflected on candidate filings with the Washington State Public Disclosure Commission. B. Exceptions. 1. The limitations imposed by this chapter shal( not apply to a candidate's contributions of his or her own resources to his or her own campaign, or contributions to the candidate's campaign by the candidate or the candidate's spouse of assets of their marital eommunity; 2. The (imitations imposed by this chapter apply to contributions of the candidate's spouse's separate property; 3. The limifations imposed by this chapter shatl not apply to contributions consisting of the rendering of clerical or computer services on behalf of a candidate or an authorized po(itical committee, to the extent that the services are for the purpose of ensuring compliance with City, county or state election or public disclosure laws. C. Candidate filings with the Washington State Public Disc(osure Commission shall constitute the only evidence of contributions received during an election cycle for the purposes of enforcement of the penalty for violation as described in IMC Section 1.30.040. 1.30.035 Enforcement process. A. Any person who has knowledge of a vio(ation committed by any candidate may file a complaint in writing with the City Code Compliance Officer. The complaint must set forth specific facts detailing the alleged violation, including: the amounts of the contributions accepted or received; the name of the candidate receiving the contribution(s); and the name(s) of the contributor(s). The complaint must inc(ude the name, address, and telephone number of the person submitting the complaint. B. Upon report of an alleged violation of ihis Chapter to the Code Compliance Officer, that individual shall investigate whether a violation has occurred within 10 days of the date such violation is reported. If the allegation appears substantiated by the records of the Washington State Public Disclosure Commission, a civil Page 4 of 6 29 violation action shatl be filed against the aileged viotator candidate with the Issaquah Municipal Court. The candidate shall have t 5 days in which to respond to the civil violation, and may either pay the fine, or request a hearing in the Issaquah Municipal Court. Failure of the candidate to respond as set forth above shall result in a default judgment. A time payment plan for payment of the monetary penalty may be set up through the Issaquah Municipal Court. 1.30.040 Civil violation. A. Civil Violation. Any person who shall commit any violation of the provisions as set forth in this chapter shall have committed a civil violation and, upon finding by the Issaquah Municipal Court that such civi( vio(ation has been committed, shall pay a monetary penalty to the City of Issaquah equiva(ent to the monetary amount of contributions above $500 received by the candidate, in the aggregate, from the source giwing rise to a violation during the etection cycle. Should the violation occur outside an election cycle, the penalty shall be equivalent to the full aggregate contribution amount received from the source giving rise to the violation. B. Any appeal fram the Municipal Court's decision shalt be to the King County Superior Court_ • Section 2. If any section, sentence, clause or phrase of this ordinance should be held to be inva(id or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, ctause or phrase of this ordinance. Section 3. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and sha(1 take effect and be in full force June 1, 2009. Passed by the City Council of the City of Issaquah, the 18`�' day of May, 2009. Approved by the Mayor of the City of Issaquah the 18` day of May, 2009. Page 5 of 6 30 APPROVED: AVA FRISINGER, MAYOR A'TTEST/AUTHENTICATED: CHRISTINE EGGERS, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: : PUBL[SHED: May 27, 2009 EFFECI'IVE DATE: June 1, 2009 ORDINANCE NO: 2554/AB 5981 Page 6 of 6 31 Chapter 3.12 Kirkland ' Sections: 3.12.010 3.12. D20 3.12.030 ".3.12.040 '3.'12.050 3. � 2.060 3.12.070 '':3.12.080 LIMITS DN GAMPAIGN CONTRIBUTIONS Definitions. _ __ _ Appiication. Contribution limits. Adjustment of doilar amounts in chapter—Adherence to Pubiic Disclosure Commission established limits and schedule. Complaint process. Appeal from the imposition of a penalty. Hearing examiner dismissal. Penalties. ' 3.12.010 Definitions. For purposes of this chapter, the definitions found in RCW 42.17.020 as 'currently enacted or as hereafter amended or recodified are hereby adopted by ;reference. In adopting these definitions by reference, the city also adopts the ': interpretation of these definitions published in Chapter 390-05 WAC or otherwise ;,...issued by the Washington State Public Disclosure Commission through declaratory orders, policy statements, and commission interpretations, except that: >(a) "Election cycle" means the eombination of the general or special election and the primary election for the office in question and begins on the date an ' individual becomes a candidate for such office as defined in subsection (e) of this section and ends on the date that candidate files his or her final report pursuant ,to RCW 42.17.080(2). ', (b) To "accept" or "receive" a contribution means the receipt of a contribution, ';deposit of funds with other campaign funds, and report of the contribution on ;required Public Disclosure Commission report(s). These terms do not apply to a `situation in which a candidate receives a contribution and returns the contribution '!to the contributor within five business days of the date on which it is �eceived by the candidate or political committee. TF�is definition does not in any way affect the determination of the date a contribution is received, which is defined by Public : Disclosure Commission policies. (c) "Person" includes an individual, partnership, joint venture, public or ''private corporation, association, federal, state, or local govemmental entity or ;agency however constituted, candidate, committee, political committee, political :party, executive committee thereof, or any other organization or group of persons, however organized. (d) "Public Disclosure Commission" means the Washington State Public Disclosure Commission, established under RCW 42.17.350, or i#s successor. (e) "Candidate" means any individuaJ who seeks nomination for election or election to public office. An indiuidual seeks nomination or election when he or she first: (1) receives contributions or makes expenditures or reserves space or :facilities with intent to promote his or her candidacy for office; (2) announces 32 publicly or files for office; (3) purchases eommercial advertising space or broadcast time to promote his or her candidacy; or (4) gives his or her consent to `another person to take on behalf of the individual any of the actions in subsection : .(e)(1), (2) or (3) of this section. This is the definition of "candidate" in RCW :42.17.020 at the time of enactment of the ordinance codified in this chapter. The ;,city also adopts amended or recodified definitions of "candidate" a{ong with interpretations of this definition published in Chapter 390-05 WAC or otherwise issued by the Public Disclosure Commission through declaratory orders, policy :statements, and commission interpretations. (Ord. 4190 § 2(pa�t}, 2009) 3.12.020 Application. . : These limits shall apply #o candidates in any primary, general or special election for the Kirkland ci#y counciL (Ord. 4190 § 2(part), 2009) '.:3.12.030 Contribution limits. !(a) No candidate for city councii shall accept or receive during the election cycle campaign contributions totaling more than the contribution limit established ': by the Public Disclosure Commission for county office candidates in King County in the aggregate from any person. (b) The per-election contribution limit established by the Public Disclosure ;Commission for county office candidates in King County shall be the election- ;cycle contribution limit on candidates for the Kirkland city council. '(c) The limitations in #his section shall not apply to: (1� A candidate's contributions of his/her own resources to his7her own 'campaign; (2) The value of volunteer services; (3) Any publicly donated funds under provisions au#horizing public funding of local campaigns; and ,(4) Surplus funds, as defined in RCW 42.17A20(48), from a candidate's prior campaign and contributions received by a candidate in connection with a campaign for another office may be used by that candidate for the candidate's current carnpaign only to the extent that such funds are derived from contributions that were within the dollar limitations imposed by this chapter. If such funds are from a campaign not governed by this chapter, a candidate may � ;; use only so much of each contribution previously received as would have been :allowable as a contribution unde� this chapter if it had applied to that campaign. The source of a candidate's surplus funds shall be determined to be derived from the mos# recent contribu#ions received by such candidate or that candidate's political committee which in total equal the amount of the surplus funds. (d) The limitations imposed by this section shall apply to all other contributions. (Ord. 4190 § 2 (part), 2009) 3.12.040 Adjustment of dollar amounts in chapter—Adherence to Public Disclosure Commission established limits and schedule. The amount of the contribution limit is adjusted to reflect periodic adjustments made by the Public Disclosure Commission for county o�ce candidates in King 'County. The timing of the limitation changes shall take place as published by the 33 Public Disclosure Commission and shall, from that time forward, form a new limit on contributions. (Ord_ 4190 § 2(pa�t), 2009) '3.12.050 Complaint process. (a) Any person who has knowledge of a violation of this chapter committed ';.,by any candidate or committee may file a complaint, in writing, under oath of the 'same with the city clerk. "Under oath" means that the complaint includes a ':statement substantialfy as follows: "I declare under penalty of perjury of the iaws 'of th� State of Washington that the information in this comptaint is true and correct," or that the complaint is subscribed and sworn to before a notary public or other official authorized to administe� oaths. The complaint must set forth specific facts detailing the alleged viotation, including: the amounts of the `contributions accepted or received; the name of the candidate or committee "receiving the contribution(s); and the name(s) and address(es) of the contributor(s), if known or reported; and the names and telephone numbers of ' persons having knowledge of the alleged violation. The complaint must include the name, address, and telephone number of the person submitting the ; complaint. '(b) The city clerk shall refer the complaint to the hearing examiner. The city , clerk shall also send a copy of the complaint to the candidate or committee ' named in the complaint as the alleged violator. Within five calendar days of receiving the complaint, the hearing examiner shall make a determination that ;the complaint appears to have merit or is frivolous and without merit and 'cornmunicate his or her decision in writing to the person who made the complaint, to the candidate or committee named in the complaint as the alleged violator, and to the city clerk. ,; (1) The hearing examiner shall dismiss the complaint if the hearing examiner `;determines that all of the alleged facts, if true, do not constitute a viotation; or ;(2) The hearing examiner determines that there are no reasonable grounds to believe that a violation has occurred; or ;(3) The hearing examiner determines that the violation was inadvertent and ' minor and has been largely corrected to the satisfaction of the hearing examiner. ;, (c) If the hearing examiner determines the complaint appears to have merit and the complaint relates to conduct during the pending election and is received at least 30 days before the final election for the office, the hearing examiner shall ; provide expedited review and a public hearing on the complaint shall be set not less than fifteen days of #he determination, absent a showing of good cause for a different date or a stipulation of the parties. `(1) In other instances, the public hearing shall be set within thirty days of the determination. '(d) At least fifteen days prior to the date set fo� hearing, the hearing examiner will notify, in writing, the person who made the complaint and candidate and/or committee complained against of the public hearing which will be held to 'determine if a violation has occurred. The candidate and/or committee compiained against shall have the right to file a written answer to the complaint ":and to appear at the hearing with o� without legaf counsel, submit testimony, be ;:fully heard and to examine and cross-examine witnesses. 34 (e) Hearings conducted by the hearing examiner shafl be infQrmal, meaning that the hearing examiner shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The hearing examiner may call witnesses on : his or her own motion and campel the production of books, records, papers, or othe� evidence needed by the parties. To that end, the hearing examiner shall ''issue subpoenas and subpoenas duces tecum on his or her own. All testimony shall be under oath administered by the hearing examiner. The hearing examiner may adjourn the hearing from time to time in order to allow for the orderly ';,presentation of evidence. The hearing examiner shal{ prepare an official �ecord o# '''the hearing including atl testimony, which shall be recorded by mechanical or electronic device, and exhibits; provided, that the hearing examiner shalf not be ;required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription. (f� Not more than ten calendar days after the conclusion of the hearing, the hearing examiner shall, based upon a preponderance of the evidence, make and `fully record in his or her permanent records findings of fact, conclusions of law, °determination of a recommended disposition, and order shall be forwarded by certified mail, or personat service, to the person who made the initial report, the 'candidate andlor committee complained against at the addresses as given by these persons to the hearing examiner, and the city clerk. (Ord. 4190 § 2(part), 2009) 3.12.060 Appeal from the imposition of a penatty. Any candidate and/or committ�e found, by final written order of the hearing examiner, to be in violation of this chapter may seek review of the hearing examiner's order and any other decision based upon that order in the following manner: (1) Civil Penalty O�dered at Least Fifteen Days Before the Final Election for Office. If the hearing examiner orders a candidate andlor a committee to pay a 'civil pena(ty at least fifteen days before the final election for o�ce, the candidate and/or committee may seek a writ of review from the superior court pursuant to `Chapter 7.16 RCW, within fourteen days of the date of the hearing examiner's order. (2} Civil Penalty Ordered in Other Instances. lf the hearing examiner orders a candidate and/or a committee to pay a civil penalty in any other instances, the candidate and/or committee may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within #hirty days of the hearing examiner's ;order. (Ord. 4190 § 2 (part), 2009) ' 3.12.070 Hearing examiner dismissal. !f the hearing examiner dismisses the complaint, the person who filed the complaint may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within fourteen days of the date of the hearing examiner's dismissal. '(Ord. 4190 § 2 (part), 2009) 3.12.080 Penalties. 35 The violation or failure to compiy with the p�ovisions of this chapter shall constitute a civil violation for which a monetary fine of up to three times the amount of the illegal contribution in violation of KMC 3.12.030(a) may be imposed on the candidate and/or committee that accepted the contribution. (Ord_ 4190 § 2 (part), 2009) 36 �hapter 2.76 ELECTIVE OFFICIALS AND CANDIDATES — DISCLOSURE STATE... Page 1 of 3 r i� ��:� Chapter 2.76 ELECTIVE OFFICtALS AND CANDIDATES — DISCLOSURE STATEMENTS Sections: 2.76.0'10 Decla�ation of policy. 2.76.020 Locai filing requirements for disclosure statements. 2.76.030 State statutes adopted by reference. 2.76.040 Penalties for violations. 2.76.010 Decfaratio� of policy. It is declared #o be the public policy of the city: (1) That political campaign and lobbying contributions and expenditures be fully disclosed to the public and that secrecy is to be avoided; (2) That the people have the right to expect from their elected representatives at all levels of government the utmost of integrity, honesty and fairness in #heir dealings; (3) That the people shall be assured that the private financial and other dealings of their public officials, and of candidates for those offices, present no conflict of interests between the pubtic trust and private interests; (4} That our representative form of government is #ounded on a belief that those entrusted with the offices of government have nothing to fear from full public disclosure of their financiat and business holdings, activities and dealings, provided those officials deal honestly and fairly with the people; (5) That pubfic confidence in government at all levels is essential and must be prornoted by all possible means; (6) That public confidence in government at all levels can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and decisions; (7) That the concept of attempting to increase financial participation of individual contributors in political campaigns is encouraged by the passage of the Revenue Act of 1971 by the Congress of the United States, and in consequence thereof, it is desirable to have implementing iegislation at the state and 1oca1 level; (8) That the concepts of disclosure and limitation of election campaign financing are established by the passage of the Federal Election Campaign Act of 1971 by the Congress of the United States, and in consequence thereof it is-desirabte to have implementing legislation at the state and local level; (9) That small contributions by individual contributors are to be encouraged, and tha# not requiring the reporting of small contributions may tend to encou�age such contributions; °(10) That the public's right to know of the financing of political campaigns and the financial and business affairs and activities of elected officials and candidates far outweighs any right that these matters remain secret and private. The provisions of this chapter shall be liberally construed to promote complete disclosure of all information respec#ing the financing of political campaigns and the financial and business affairs and activities of elected officials and candidates, so as to assure continuing public confidence in fairness of elections and governmental processes, and so as to assure that the public interest will be fully protected. (Ord. 676 § 1, 1975). 37 http://www.codepublishing.com/dtSearch/dtisapi6.d11?cmd=getdoc&Doc Id=39&Index=D... 12/9/2009 C;hapter 2.76 ELECTIVE OFFICIALS AND CANDIDATES — DISCLOSURE STATE... Page 2 of 3 2.76.020 Locat filing requirements for disctosure statements. All elected officials and candidates for elective office of the city of Redmond shali file with or notify the City Clerk of electronic filings of their public disclosure statements, which they are required to file with the Public Disclosure Commission pursuant to the provisions of RCW Chapter 42.17. All elected officials shall also be required to file with or notify the City Clerk of electronic filings of all campaign expenditure disclosure statements that are now required to be filed with the Public Disclosure Commission pursuant to the provisions of RCW Chapter 42.17. Not less than one copy of the public disclosure statements shall be kept on file in the office of the City Clerk for use and examination by the public during regufar business hours. The times and dates upon which said information shall be filed shall be those applicable for the filing of the same or simitar information before the Public Disclosure Commission except that the initial statement shall be filed within thirty days from the effective date of the ordinance codified in this chapter. (Ord. 2337 § 1 (part), 2007: Ord. 813 § 1, 1978: Ord. 676 § 2, 1975}. 2.76.030 State statutes. adopted by reference. The following statutes of the state of Washington are adopted by reference pursuant to the authority conta'rned in RCW 35A.12.140: RCW 42.17.390 Givi1 remedies and sanctions, except subdivision (2) thereof. RCW 42.17.400 Enforcement. RCW 42.17.410 Limitation of actions. RCW 42.17.420 Date of mailing deemed date of receipt. RCW 42.17.430 Certification of reports. RCW 42.17.440 Statements and reports pubiic records. RCW 42:17.450 Duty to preserve statements and reports_ RCW 42.17.910 Severability. RCW 42.17.920 Construction. Provided, that wherever the words "this chapter" or "this act" are used in the foregoing state statutes, the same shall be construed to mean this chapter. Not less than one copy of the above statutes shall be kept on file in the office of the City Clerk fior use and examination by the public. (Ord. 2337 § 1(part), 2007: Ord. 676 § 3, 1975). 2.76.040 Penalties for violations. Any person who fails to file a prope�ly completed statement or repo�t within one day after the time required by this chapter wifl be assessed a late penalty of $25.00 per day per report or statement for each day such delinquency continues, up to a total of $500.00 per year for all statements or reports. (Ord. 1898 § 1, 1996: Ord. 1874 § 1, 1996: Ord. 676 § 4, 1975). 38 http://www.codepubl ishing.com/dtSearch/dtisapi6.d11?cmd=getdoc&DocId=39&Index=D... 12/9/2009 Chapter 2.76 ELECTIVE OFFICIALS AND CANDIDATES — DISCLOSURE STATE... Page 3 of 3 This page of the Redmond Municipal Code is current through Ordinance City Website: 2487, passed September 15, 2009. http://www.redmond.gov/ Disctaimer: The City Clerk's Office has tne officia( version of the Redmond Telephone number: (425) 556-2191 Municipal Code. Users shouid contact the City Clerk's Office for ordinances Code Pubfishing Company passed subsequent to the ordinance cited above. 39 http://www.codepubiishing.com/dtSearch/dtisapi6.d11?cmd=getdoc&DocId=39&Index=D... 12/9/2009 Ciiapter I-6 CODE OF ETHICS �u��1 CHAPTER 6 CODE OF ETHiCS SECTION: 1-6-1: ' 1-6-2: 1-6-3: 1-6-4: 1-6-5: 1-6-6: 1-6-7: 1-6-8: 1-6-9: Declaration Of Purpose De�nitions � Statement Of Expense Of Candidate Acceptance Of Gifts Interest In Contracts Prohibited; Exceptions Incompatible Service; Confidential Information Personal Or Private Interests False Charge Of Misconduct (Rep. by Ord. 5157} Penalty Page 1 of 5 1-6-1 DECLARATI�N OF PURPOSE: It is hereby recognized and established that high morat and ethicat standards ' among City ofificials are vital and essential to provide unbiased, open and honest conduet within all phases and levels of government; that a code of ethics is a helpfut aid in guiding City officials and to eliminate actual conflicts of interest in public office and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the City of Renton in their local government. 1-6-2 DEFIN�TI4NS: For the purpose of this Chapter: CANDIDATE: Any individual who declares hirnself to be a candidate for an ' elective office and who, if elected thereto, would meet the definition of a public official hereinabove set forth. COMPENSATION: Anything of economic value, however designated, which is paid, loaned, advanced, granted, transferred, or to be paid, loaned, advanced, � granted or transferred for or in consideration of personal services to any person. CONTRACT: includes any contract or agreement, sale, lease, purchase, or ' any combination of the foregoing. CONTRACTING PARTY: Any person, pa�tnership, association, cooperative, corporation, whether for profit or otherwise or other business entity which is a party to a contract with a municipality. PUBLIC OFFICIAL: All of the elected City officials, together with all appointed ' officers including their deputies and assistants of such an officer who determine or are authorized to determine policy making decisions within their respective departmenf or office, including appointive members of all municipal boards, commissions and agencies and whose appointment has been made by the Mayor and confirmed by the City Council. (Ord. 2586, 9-28-70) 1-6-3 STATEMENT OF EXPENSE OF CANDiDATE: ' A. Primary Election: Every candidate for nomination at a primary election within the City shall, no iater than the tenth day of the first month after the holding of such primary election at which he/she is a candidate, file an itemized statement in writing, duly sworn to as to its correctness, with the City Clerk 40 http://www.codepubiishing.com/dtSearch/dtisapi6.dll?cmd=getdoc&Doc Id=16&Index=D... 12/9/2009 C�apter 1-6 CODE OF ETHICS Page 2 of 5 setting forth each sum of money and item of value, or any consideration whatever, contributed, paid, advanced, promised or rendered to him/her or furnished or given to others for the benefit of such candidate and with his/her knowledge or acquiescence for the purpose of securing or influencirrg, or in any way affecting his/her nomination to said office. Such statement shall set forth in detail the sums or other considerations so paid to him/her, together with the name and address of the donor, and such statement shall also set forth the nature, kind and character of the expense for which such sums we�e expended separately, including the name and address of the payee and the purpose for each disbursement. Such statement shall likewise include any sum or other consideration as hereinabove stated, promised but not yet paid or received. !n the event any such payments, services or other item of value are made to other ' persons on behalf of or for the benefit of such candidate, then any such information, when ascertainable, shall be furnished to such candidate and be ; included in any such statement or report. Cash contributions, services or : anything else of value amounting to twenty five dollars ($25.00) or less are : exempt from the provision of this Section in requiring the reporting of such individual contributions or services; provided, however, that every such candidate shall report the fult and total amount of all contributions, services or anything else of value contributed or paid to him/her or on his/her beha(f, whether such individual amount is twenty five dollars, ($25.Q0) or less or in '. excess thereof. The filing of a duplicate copy of the completed public disclosure form with the City Clerk, as required by the State of Washington, will satisfy the requirements of this subsection. B. General E{ection:.The provisions of the immediately preceding paragraph governing primary elec#ions shall likewise apply to any general election within the City and every such candidate, whether he/she is successful or not, shall file such statement or report as hereinabove set forth, and such fiting to be made no later than the tenth day of the first month after the holding of such general election at which he/she is a candidate. Each such candidate is further required to file supplementary statemen#s containing in equal detail any additional cantributions of whatever type or nature in excess of twenty five dollars ($25A0), including bu# not limiting it to, proceeds from any fund raising dinners, meetings, parties or like arrangements, whether conducted prior or subsequent to any ' such election, and such supplemental statements to be filed not later than ninety (90) days after such general election. Each such statement as hereinabove defined when so filed shall immediately be subject to the inspec#ion and examination of any elector and shall be and become a part of the public records of the City of Renton. Any violation of this ' subsection shall be and constitute a misdemeanor and shall be punishable as he�einafter set forth. The filing of a duplicate copy of the completed public disclosure form with the City Clerk, as required by the State of Washington, will satisfy the requirements of #his subsection. (Ord. 4315, 6-10-91) 1-6-4 ACCEPTANCE OF GIFTS: No public official shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value as a gift, gratuity, or favor, from any person if such public official has reason to believe the donor would not grant or ' give such gift, gratuity, or favor, but fo� such pubiic official's office or position 41 http://www.codepublishing.com/dtSearch/dtisapi6.d11?cmd=getdoc&DocId=16&Index=D... 12/9/2009 C�hapter I-6 CODE OF ETHICS Page 3 of 5 within the City of Renton. No public official shall receive, accept, take, seek, or solicit, whether directly or rndirectiy, anything of economic value as a gift, gratuity, or favor, from any persan or from any officer or director of such person if such public official has reason to believe such person: A. Has, or is seeking to obtain contractual or other business or financial reiationship vuith the City of Renton; or . B. Conducts operations or activities which are regulated by the City Council, its comrnittees or any board or commission ofthe City of Renton; or C. Has interests which may be substantially affected by such public o�ci�l's performance or nonperformance of his or her official duty. 1-6-5 INTEREST IN CONTRACTS PROHIBtTED; EXGEPTIONS: No public official shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of such pubtic official, in whole or in substantial part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set #orth. Remote Interest: A public official shall no# be deemed to be interest�d in a contract as specified in the immediately preceding paragraph if he has only a remote interest in the contract and if the fact and extent of such interest is disclosed to the governing body of the City of Renton of which he is a member and noted in the official minutes or similar records of the City prior to the consummation of the contract, and thereafter the goveming body authorizes, approves or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counfiing the vote or votes of the public official having a remote interest therein. As used in this Section "remote interest" means: A. That of a nonsalaried officer of a nonprofit corporation; B. That of an employee or agent of contracting pa�ty where the compensation o# such employee or agent consists entirely of fixed wages or salary; C. That of the landlord or tenant of a contracting party; ' D. That of a holder of less than one percent (1 %) of the shares of a corporation or cooperative which is a contracting party. None of the provisions of this Sec#ion shall be applicable to any public official interested in a contract, though his interest be only remote as hereinabove defined, who influences or attempts to influence, any other public official of the City of which he is an officer to enter into such contract. Any contract made in violation of the above provisions shall be void and as otherwise provided in RCW 42.23.050 and the pravisions thereof being exp�essly incorporated herein as if fully set forth. 1-6-61NCOMPATIBLE SERVICE; CONFIDENTIAL JNFORMATION: No elected public official shall engage in or accept private employment or render seruices for any person or engage in any business or professional activify when such employment, service or activity is incompatible with the proper and faithful discharge of his official duties as such elected official, or when it would require or induce him to disclose confidential information acquired by him by 42 http://www.codepublishing.com/dtSearch/dtisapi6.dl1?cmd=getdoc&DocId=16&Index=D... 12/9/2009 Ghapter 1-6 CODE OF ETHICS Page 4 af 5 reason of his official position. No such official shall discfose confidential information gained by reason of his official position, nor shall he otherwise use such information for his personal gain or benefit. 1-6-7 PERSONAL OR PRlVATE INTERESTS: Every elected public officiat who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by tfie City Council, on the records of the official Council minutes, the nature and extent of such personal or private interest and same shall be incorporated in the o�cial minutes of the City Counci! proceedings. Such disclosure shall inelude, ' but not be limited to, the foltowing information which shall be submitted in writing by such Councilman, swom to under penalty of perjury, to-wit: A. The name and address of any private business corporation, firm or ' enterprise affected by such councitmanic action of which the Councilman or other elected public official is or has been during the preceding twelve (12) months a shareholder, bond holder, secured creditor, partner, joint entrepreneur or sole proprietor, whenever the total value of his individual or undivided tegal and equitable financial interest therein is and at any tirfle during the preeeding twelve (12) months has been in excess of one thousand five hundred dollars ($1,500.00). B. The name of any such private business or carporation, firm or enterprise of which such elected public official or his relatives a�e or have been during the preceding twelve (12} months as officer, director, partner, attorney, agent, or employee, who, for services rendered during such preceding twelve (12) months or to be rendered in any such capacity, has received or has been promised . compensation in excess of one thousand five hundred dollars ($1,500.00). C. Every office or directorship held by such elected public official or his spouse in any corporation, partnership, sole proprietorship or like business enterprise, which conducts its business activities within the boundaries of the : Renton School District and which is subject to any regulation or control by the City of Renton, and from which such elected public official has received compensation or has been promised compensation during the preceding finrelve (12) month period in excess of one thousand five hundred dollars ($1,500.00), or services; or any other thing of value in excess of said amount. D. A list containing a correct legal description of any and all real property located within the City limits of Renton in which any such elected public official ' has any interest whatsoever, as owner, purchaser, optionee, optionor, or any ' other proprietary interest, acquired during the preceding twelve (12) month pe�iod wheneve� such proprietary interest is in excess of one thousand five hundred dollars ($1,500_00). This subsection shaN not apply to the residence home of such official. : The foregoing provisions shall not apply to policies of life insurance issued to such public o�cial or his spouse or members of his family, accounts in any commercial bank, savings and ioan association or credit unions, or similar financial institutions subject to regulation by the State of Washington or any other governmental agency having jurisdiction thereover. Any such elected public official who is disqualified by reason of such personal, private or similar conflict of interest in any matter as hereinabove defined, shall, : after having made the required disclosure as herein set forth, remove himself 43 http://www.codepublishing.com/dtSearch/dtisapi6.d11?cmd=getdoc&DocId=16&Index=D... 12/9/2009 �hapter t -6 CODE OF ETHICS Page 5 of 5 from his customary seat during such debate and, by permission of the presiding officer, leave the Councif chamber until such time as the matter at hand, from which such public official has been disqualified, has been disposed of in the regular course of business. 1-6-8 FALSE CHARGE OF MISCONDUCT: (Rep. by Ord. 5157, 9-26-05) 1-6-9 PENALTY: Any person who wiifully, knowingly and intentionally violates any provisions of this Ordinance, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars ($500.00) or be committed to jail for a period not exceeding ninety (90) days, or be penalized by both such fine and imprisonment; in addition to the foregoing, any public o�cial found guilty of any violation of this Ordinance shall forFeit any right to his office, whether elective or appointive, as may be determined by the court at the time sentence is imposed upon such public officiat. (Ord. 2586, 9-28-70) This page of the Renton MunicFpal Code is current through Ordinance 5496, passed October 5, 2009. Disclaimer: The City Clerk's Office has the official version of the Renton Municipal Code. Users should contact the City Clerk's O�ce for ord+nances passed subsequent to the ordinance cited above. City Website: http://rentonwa.gov/ City Telephone: (425) 430-6502 Code Publishing Company 44 http://www.codepublishing.com/dtSearch/dtisapi6.dl1?cmd=getdoc&DocId=16&Index=D... 12/9/2009 �,1 :'� COUfVTY COUNCIL AND ELECTlONS Chapter 1A5 LIMITS ON GAMPAIGN CONTRtBUT10NS Sections: 1.05.010 1.05.020 1.05.030 1.05.040 1.05.105 division. 1.05.115 1.05.120 Findings of fact. Deflnitions. Application. Mandatory limitations on contributions. Adjustment of doilar amounts in chapter - establishment by elections Rules. Penalties. COUNTY COUNCIL AND ELECTIONS 1.05 1.05.010 - 1:05.020 1.05.010 Findings of fact. A. The county finds that, in the interest of the public health, safety and welfare, it is necessary to safeguard the integrity of the political process. Therefore, the county elec6on process and county government should be protected from undue influence by individuals and groups making large contributions to the election campaigns of candidates for executive, county council, sheriff, and assessor. B. The county finds that, in the interest of the public health, safety and welfare, it is necessary to safeguard the confidence in the political process. Therefore, the county election process and county government should be protected from even the appearance of undue influence by individuals or groups contributing to candidates for executive, county council, sheriff, and assessor. The confidence of the public in a fair and democratic election process is vital. In the high cost of election campaigning, there can be the problem of improper influence, real or perceived, exercised by campaign contributors over elected officials. lt is the policy of this county to foster broad-based citizen involvement in financing election campaigns. The county further finds that public confidence can also be enhanced by broadening public disclosure requirements with �espect to the transfer and use of surplus campaign funds. C. The county therefore finds that limitations on contributions of money, services and ma#erials by individuals or groups to county election campaigns sMould be imposed by law to protect the public health, safe#y, wel#are and the integrity of the political process. These fimitations, however, should be reasonable, so as not to discourage personal expression. D. The county, therefore, finds it is in the public interest to encourage the widest participation of the public in the electoral process, to reduce the dependence of candidates on large contributions and to increase public knowledge of the candidates and of election issues. The county finds that campaign expenditure limitations are in the best interest of the public. Recognizing that public matching funds for campaign purposes are necessary for voluntary expenditure limitations to be successful and voluntary programs are the only limitations constitutionally permissible, the council finds a program of public matching funds should be established. The council recognizes, however, that effective December 3, 1992, Washington Initiative 134 passed by the voters at the November 3, 1992 general election prohibits the use of public funds to finance political campaigns for state or local o�ce. (Ord. 12662 § 1, 1997: Ord. 11348 § 1, 1994). 1.05.020 Definitions. For purposes of this chapter the following definitions shall apply: A. "Candidate" means any individual who seeks election to a public office set out in K.C.C. 1.05.030 whether or not successfully. An individual shall be deemed to be seeking election when he or she first: receives contributions or makes expenditures or reserves space or facili#ies with intent to promote his or her candidacy for office, announces publicly or files for office, whichever occurs first. 45 B. "Contribution" means a loan, loan guarantee, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or transfer of anything of value, including personat and prafessional senrices, for less than full consideration. "Contribution" does not include interest on moneys deposited in a political committee's account, ordinary home hospitality, volunteer in-kind labor or incidental expenses not in excess of twenty-five dollars personally paid for by a volunteer campaign worker. For the purposes of this chapter, contributions other than money or its equivalents shall be deemed to have a money value equivalent to the #air market value of the "contribution". Sums paid for tickets to fund�aising events such as dinners and parties are contributions; however, the amount of any such contribution may be reduced for the purpose of complying with the reporting requirements of this chapter by the actual cost of consumables furnished in connection with the purchase of such tickets, and only the excess over actual cost of such consumables shall be deemed a contribution. C. "Election cycle" means the combination of the general or special election and the primary election for the office in question and begins on the date an individual becomes a candidate for such office and ends on the date that candidate files his or her final report pursuant to RGW 42.17.080(Z). Q. "Expenditure" means a payment, contribution, subscription, distribution, loan advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. "Expenditure" also includes a promise to pay; and a payment or transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting or honoring any public official or candiclate, or assisting in furthering or opposing any election campaign. For purposes of this chapter, expenditures other than money or its equivalent shall be deemed to have a monetary value equal to the fair market value of the expenditure. "Expenditure" shall not include: 1. The partial or complete repayment by a candidate or political committee of the principal of a loan, the �eceipt of which loan has been properly reported; or 2. The value of in-kind labor; or 3. Fines paid as a result of any penalties imposed on a candidate for violating this chapter. E. "Fair advertising" means any publication, literature or media advertising, which bears the clear and conspicuous identification of the sponsoring candidate's name. F. "In-kind labor' means services provided by a person who volunteers all or a portion of his/her time to a candidate's eleciion campaign, and who is not paid by any person for such services. G. "Independent expenditure" means an expenditure on behalf of, or opposing the election of, any candidate, when such expenditure is made independently o# the candidate, his/her political committee, or agent, and when such expenditure is made without the prior consent, or the collusion, or the cooperation, of the candidate or his/her agent or potitical committee. H. "Own �esources" means a candidate's personal funds or property; provided, however, that it shall not include: 1. A candidate's surpius campaign funds as defined in RCW 42.17.020 from a prior campaign for an elected position, except for such surplus funds as have been transferred to a candidate's personal account pursuant to RCW 42.17.095(2). 2. Excess campaign funds as defined in 2 U.S.C., Section 439(a) and 11 CFR, Section 113.2; or 3. Contributions received for a campa+gn for any other office. I. "Person" means any individual, association, corporation, candidate, committee, political commi�tee, political party, partnership or other entity. J. "Political committee" means any person (except a candidate or an individual dealing with his own funds or property) having the expectatian of receiving contributions or making expenditures in support of, or in opposition to, any candidate and which has also filed as a political committee pursuant to RCW 42.17. 46 K. "Political party" shatl mean a major political party or a new or minor party which is established pursuant to RCW 29.42. L. "ResidenY' means an individual natural person whose domicile is within the boundaries of King County. (Ord. 11348 § 2, 1994). 1.05.030 Application. These limits shall apply only to candidates in any primary, general or special election for the offices of King County executive, council, sheriff, and assessor. (Ord. 12662 § 1, 1997: Ord. 11348 § 3, 1994). 1.05.040 Mandatory timitations on contributions. A. No person other than a political committee shall make contributions during the election cycle totaling more than one thousand two hundred dollars in the aggregate to any candidate for executive, county council, sheriff, or assessor, nor shalt any political committee make contributions during the election cycle totaling more than one thousand two hundred dollars in the aggregate to any candidate for executive, county council, sheriff, or assessor. B. No candidate for executive, county council, sheriff, or assessor shall accept or receive during the election cycle campaign contributions totafing more than one thousand two hundred dollars in the aggregate from any person other than a political committee, nor shall any such candidate accept or receive during the election cycle campaign contributions totaling more than one thousand two hundred dollars in the aggregate from any political committee. C. The limitations in this section shall not apply to: 1. A candidate's contributions of his or her own resources to his or her own campaign; the limitations imposed by this section shall apply to the contributions of all others; and 2. Independent expenditures as defined by this chapter; and 3. The value of in-kind labor; and 4. Contributions to or expenditures from public office funds made consistent with the provisions of RCW 42.17243. D. Surplus campaign funds, as defined in RCW 42.97.030, from a candidate's prior campaign and contributions received by a candidate in connection with a campaign for another office may be used by that candidate for the candidate's current campaign only to the extent that such funds are derived from contributions that were within the dollar limitations imposed by this chapter. If such funds are from a campaign not governed by this chapter, a candidate may use only so much of each contribution previously received as would have been allowable as a contribution under this chapter i# it had applied to that campaign. The source of a candidate's surplus campaign funds shalt be determined to be derived from the most recent contributions received by such candidate or that candidate's political committee which in total equal the amount of the surplus campaign funds. A candidate must file a statement with the elections division and the Public Disclosure Commission which identifies any funds used pursuant to this section. The statement shall include the following information for each amount transferred: The original contributor, original date of contribution, amount originally contributed, and the portion of each contribution transferred to the current campaign. (Ord. 15971 § 1, 2007: Ord. 13932 § 1, 2000: Ord. 12662 § 3, 1997: Ord. 11348 § 4, 1994). 1.05.105 Adjustment of dollar amounts in chapter - establishment by elections division. At the beginning of each even-numbered calendar year, the elections division shall increase or decrease all dollar amounts in this chapter based on changes in economic conditians as reflected in the inflationary index used by the Washington state Public Disclosure Commission under RCW 42.17.370. The new dollar amounts established by the elections division under this section shall be rounded off by the division to amounts as judged most convenient for public understanding and so as to be within ten percent of the target amount equal to the base amount provided in this chapter multiplied by the increase in the inflationary index since September 28, 2000. (Ord. 15971 § Z, 2007: Ord. 13932 § 3, 2000). 1.05.115 Rules. The elections division shall adopt rules consistent with this chapter. Until new rules are adopted, the rules .adopted by Ordinance 10742, as amended by Ordinance 47 11348, remain in effect. (Ord. 15971 § 3, 2007: Ord. 13932 § 2, 2000: O�d. 12662 § 4, 1997: Ord. 11348 § 6, 1994). 1.05.120 Penalties. The viotation o� failure to comply with the provisions of this chapter shall constitute a civil violation for which a monetary fine of up to one thousand dollars shall be assessed. Each violation shall be a separate violation and shall be subject to the fine. An action seeking to establish the fact of a violation and imposition of a monetary fine under this section shal{ be commenced with the assistance of the county prosecuting attorney. (Ord. 11348 § 5, 1994). POLITICAL CONTRIBUTIONS TO KING COUNTY ELECTIONS BY CHARITABLE ORGANtZATIONS Sections: 1.06.010 1.06.020 1.06.030 1.06.040 1.06.050 1.06.060 1.06.070 Chapter 1.06 POLITICAL CONTRIBUTIONS TO KING COUNTY ELECTIONS BY CHARITABLE ORGANfZAT10NS Definitions. Contributions covered. Disclosure required. Contribution reporting. Autho�izations retained. Viotation. Severability. 1.06.010 Definitions. A. "Charitable organization" means any entit� required to register as a charitable organization under RCW 19.09.065 except those specifically excluded by this section. For purpase of this section "charitable organization" shall exclude any entity which meets all of the following requirements: 1. The organization has formed a political committee subject to RCW 42. i 7; 2. The polit+cal committee has met all filing requirements of RCW 42.17; and 3. The charitable organization uses a clearly identified political committee as the exclusive sponsor for any solicitation for funds for campaign contributions. B. "Contribution" means the loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between politicai committees, or transfer of anything of value for less than full consideration, excluding unpaid and voluntary persona! and professional services. For purposes of this chapter, contributions other than money or its equivalents shall be deemed to have a money value equivalent to the fair market value of the contribution. Sums paid for tickets to fund-raising events such as dinne�s and parties are contributions; however, the amount of any such contribution may be reduced for the purpose of complying with the reporting requirements of this chapter, by the actual cost of consumables furnished in connection with the purchase of the tickets, and only the excess over the actual cost of the consumables shati be deemed a contribution. C. "Entity" means an individual, organization, group, association, partnership, corporation, or agency, or any combination thereof. Q. "General public" or "public" means any individual residing in Washington state without a membership or other official relationship with a charitable organization prior to solicitation by the charitable organization. E. "King County elected office and ballot measures" means the offices of King County executive, King County council, King County assessor, King County sheriff, King County prosecuting attorney, King County superior court or King County district court judge and any proposition or question submitted to voters of King County. �. 48 F. "Solicitation" shall be as defined in K.C.C. 6.76.010H. (Ord. 12662 § 5, 1997: Ord. 8627 § 1, 1988). 1.06.020 Contributions covered. All charitable organizations shall comply with disclosure provisions of Section 1.06.030 prior to making a contribution for purposes of supporting, assisting, or opposing any campaign for any King County elected office or ballot measure. Contributions made for such purposes include contributions to any candidate, campaign committee, political committee, political party, or organization. (Ord. 8627 § 2, 1988). 1.06.030 Disclosure required. Before any charitable organization may make a contribution or spend money collected by the organization for political purposes for the elected offices covered in K.C.C. 1.06.020, it shafl file with the manager of the elections division an affidavit signed under oath by an authorized official of the entity containing or establishing the following: A. All contributions from the general public to be used for part or all of the campaign contribution were autho�ized by the donors to be used for campaign contributions for King County elected offices. B. A v►rritten authorization that the money may be used for campaign contributions by each donor is on file at the eharitable organization's primary office. C. The contributions are kept in a separate segregated political fund. D. A list of the names and addresses of all donors and the amounts do�ated. (Ord. 1597'i § 4, 2007: Ord. 8627 § 3, 1988). 1.06.040 Contribution reporting. Within five business days of making any contribution covered in K.C.C. 1.06.020, #he organization shall file with the manager of the elections division an affidavit under oath stating the amount of the contributions given and the recipients. (Ord. 15971 § 5, 2007: Ord. 8627 § 4, 1988). 1.06.050 Authorizations retained. The executed authorizations required in Section 1.06.030 shall be kept on file available for public inspection for a minimum of four years from the date of the election in which the funds were used. (Ord. 8627 § 5, 1988). 1.06.060 Violation. Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by imprisonment of up to a maximum term of 90 days or a fine in an amount of not more than five hundred dollars per violation or both such imprisonment and fine. (Ord. 8627 § 6, 1988). 9.06.070 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of #his chap#er be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 8627 § 7, 1988). 49 Chaater 3.12 CODE OF ETHICS Sections: 3.12.010 3.12.020 3.12.030 3.12.035 3.12.Q40 Purpose Deftnitions Ethical Standards and Prohibited Practices Enumerated Advisory Opinions Financial Disclosure 3.12.050 Administration of Reports 3.12.054 Lobbyist Registration 3.12.056 Lobbyist Reporting 3.12.057 Exemptions 3.12.060 Hearing Officer 3.I2.070 Ethics Commission 3.12.080 Enforcement Procedures 3.12.085 Breach of Confidentiality - Civil Infraction 3.12.090 Civil Penalties — Other Sanctions Preserved 3.12.100 Criminat Penalties 3.12.110 Miscellaneous Administrative Provisions 3.12.120 Limitation on Actions 3.12130 Severability 3.12.010 Purpose. A. The Pierce County Council recognizes the need for integrity in government and recognizes that the people of Pierce County consider governmental service to be a pubtic trust. Accordingly, it is the purpose of this chapter to establish ethical standards of conduct for all officials and employees of the County, and for all people dealing with Pierce County government. This chapter is not to be construed so as to impair the ability of County officials and employees to participate in ceremonial, representational, or informationa[ functions in the pursuit of their official duties. B. This chapter shall be tiberally construed in favor of protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct for County officials, employees, and persons deating with Pierce County government. C. It is the policy of Pierce County to encourage the full participation and expression of interest of all of the peop(e of Pierce County in the legislative process. The provisions of this ordinance shall be liberally construed to promote full disclosure of lobbying in order to protect the openness and integrity of the legislative process. t2-t 50 3.I2.020 Definitions. The following words and phrases as used in this chapter shalt, unless the context ctearly indicates otherwise, have the meanings as follows: A. "Anything of value" means meals, lodging and travel other that that authorized by Chapter 3,92 PCC, entertainment, any real or personal property of any kind or the voluntary rendition of services of any kind or the promise of future employment or personal benefit whether or not such items are in the form of a gift, loan, potiticat contribution or award, but shal! not include the following: 1. Items from family members or friends provided that the gift was not made as part of any design to gain or maintain influence in the agency of which the recipient is an officer or emptoyee; 2. Items related to the outside business of the recipient that are customary and not related to the recipient's performance of official duties; 3. Items exchanged among officials and emptoyees or a social eveRt hosted or sponsored by a County officer or County employee for coworkers; 4. Payments by a governmental or nongovernmenta! entity, provided they are not a lobbyist ar lobbyist's emptoyer, of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an officiai capacity. As ased in this subsection, "reasonable expenses" are limited to travei, lodging, and subsistence expenses incurred the day before through the day after the event; 5. Items a Coanty officer or County employee is authorized by law to accept; 6. Payment of enrollment and course fees and reasonabte travet expenses attributabie to attending seminars and educational progratns sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution provided they are not a lobbyist or lobbyist's employer. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event; 7. Items from which the recipient receives no personal benefit and which are returned by the recipient to the donor within thirty (30) days of receipt; 8. Campaign contributions reported under Chapter 42.17 RCW; 9. Discounts available to an individual as a member of an emptoyee group, occupation, or similar broad-based group; ' 10. Awards, prizes, scholarships, or other items provided in recognition of academic, scientific or other achievement; 11. Any symbolic presentation the nature of which is not to financiaily benefit the recipient; and t2-2 51 12. Relatively inexpensive items of personal property s�tch as a box of candy or a bouquet of flowers which are given as a simple act of human kindness, thoughtfulness and appreciation. � B. 'Business" means any corporation, partnership, sote proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, consuttant, holding company, joint stock company, receivership, trust or any 1ega1 entity organized for profit. C. "Business with which an iadividuat is associated" means any business in which the person or a member of the person's immediate family: 1. Is a director, officer, partner, employee; or Z. Knowingty owns, directty or indirectly, an interest (a) that exceeds one-tenth of one percent of the outstanding stock of all categories if the busiQess is incorporated, or (b) that exceeds 1 percent of the net worth of an unincorporated business, or (c) that exceeds 1 percent of all debt obiigations of the busiaess, incorporated or unincorporated; or 3. Attributes five (S) percent or more of the net worth of the individuat to ownership of a financial interest in the business. D. "Candidate" means any individuai who seelcs election to public office. Pursuant to RCW 42.17.020, an individua( shall be deemed to seek election when he first: 1. Receives contributions or makes expenditures or reserves space or facilities with intent to promote his candidacy for office; or 2. Announces pub(icly or files for office. E. "Compensation" means payment in any form for rea! or personal property or services of any kind; PRDVIDED, that "compensation" shalt not include per diem atlowances or payments made by a sponsoring entity to reimburse a public official for expenses incurred while engaged in the official business authorized by the sponsoring entity. F. "Complainant" means any person filing a complaint of a violation of the Code as set forth in Section 3.12.080. G. "Confidential information" means information exempt from public inspection and copying pursuant to RCW 42.17310, and information required under Sections 3.12.030 and 3.12.080. H. "De minimus" means small, slight or trifling. I. "Elected or appointed official" means any person elected at a general or special election to auy executive, legislative or judiciai County office and any person who 12-3 52 is appointed to fill an elective County office. For purposes of this Code, Superior Court Judges are deemed state officials and are thus excluded from this definition. J. "Ethics Commission" or "Comtnission" means the Commission referred to in the Pierce Coanty Charter, Section 9.50 and estabtished in Section 3.12.070. K. "Executive" means the individual who serves as Chief Executive Officer of Pierce County pnrsuant to Pierce County Charter Section 3.20. L. "Expenditure" includes a payment, contrebution, subscription, distribution, loan, advance, deposit, gift, contract, promise or agreement to make an expenditure. The term "expenditure" also inclades a promise to pay, a payment or a transfer of anything of value in exchange for goods, services, property, facilities or anything of value. For the purposes of this chapter, agreements to make expenditures, contracts and promises to pay may be reported as estimated obtigations until actual payment is made. M. "Governmenta{ body" means any department, office, commission, council, board, administration or other estabtishment in the administrative, legislative or judicia! branch of County government over which County government may lawfully exercise its jurisdiction. N. "Hearing Officer" means that person designated in Sections 3.12.060 and 3.12.080 as the proper person to receive complaints of violations of this Ethics Code and to make an initial review of such complaints for the purposes and in the manner as set forth herein. O. "Honorarium" means money or thing of value offered to a Coanty offcer or County employee for a speech, appearance, article, or similar item or activity in connection with the County officer's or County employee's official role, but does not include reimbursement of expenses reasonably incurred. P. "Immediate family" means spouse (untess a lega{ separation exists), dependents, and any other individuals residing in the person's household. Q. "Lobby" and "tobbying" each mean attempting to influence, by communicating with Council members or Council staff of the Pierce County Council to develop, adopt, modify or reject legislation, or attempting to intluence, by communicating with the Executive or Executive staff, to approve or veto adopted legislation, or part thereof, presented to him or her. For purposes of this chapter, the terms "lobby" and "lobbying" do not include any of the following: 1. The act of communicating with the members af an association or organization by that same association or organization; 2. Communications or other actions made by a person related to a quasi-judicial proceeding before the Council; 12-4 53 3. Communications or actions made by a person related to proposed motions to confirm or reject appointments by the Executive; 4. Communications or actians made by a person retated to proposed motions to exercise the Council's power of confirmation or removat; 5. Communications or ot6er actions retated to proposed e�nployment actions concerning legislative branch employees; 6. Communications or other actions by any County emptoyee acting within the scope of his or her employment with the County; or 7. Communications or other actions by representatives of tabor organizations retated to existing or proposed collective bargaining agreement(s) with the County or other legisiation which could affect specific existing or proposed collective bargaining agreements. R. "Lobbyist" means any person who lobbies for compensation. S. "Lobbyist's emptoyer" means t6e person or persons by whom a lobbyist is employed or otherwise compensated for acting as a lobbyist. For purposes of this chapter, the term "lobbyist's emplayer" includes, but is not limited to: 1. Every person who engages or utilizes the services of any other person to lo6by, upon an agreement express or imptied, for compensatioR or for other consideration; and Z. The officers and employees of such person and/or any third party who is engaged, employed, or utilized by such person to lobby. T. "Person" means: 1. An inc�ividuat; 2. A partnership, Iimited partnership, public or private corporation, or joint venture; 3. A nonprofit corporation, organization, or association, including but not limited to, a national, state, or local labor union or collective bargainiag organization and a national, state, or local trade or professional association; 4. A federal, state, or local governmental entity or agency, however constituted; 5. A candidate, committee, potitical committee, bona fide politicat party, or executive committee thereof; and 6. Any other organization or group of persons, however organized. t 2-S 54 U. "Pierce County employee" means any individual who holds a position listed in Section 3.08.120 PCC or who is responsible for taking or recommending Pierce County officiat action of a nonministerial nature with regard to: 1. Contracting or procurement; 2. Administering or monitoring grants or subsidies; 3. Pfanning or zoning; 4. Inspecting, ticensing, regulating or auditing any person; 5. Any other activity where the official action has an economic impact of greater than a de minimus nature on the interests of any person. V. "Pierce County personnel" means any empioyee or elected or appointed official of Pierce County. W. "Political contribution" means any advance, conveyance, distribution, transfer of funds ar anything of value, including personat and professional services for less than full consideration, toan, payment, pledge, forgiveness of indebtedness, forbearance, gift, deposit, subseription or purchase of a ticket to a testimonial or similar fund-raising affair in connection with a political campaign and any agreement or other obligateon to make a political contribution. X. "Section X. Entity" means any entity, organization, association or agency that receives $100,000 or more from Pierce County in any fiscal year as compensallon, in full or in part, for providing direct services to residents of Pierce County. The Ethics Commission shall appoint a task force which shali hold public hearings, develop criteria for identifying Section X. entities and recommend a list of entities, organizations, associations, and agencies that meet that criteria for adoption by the Ethics Commission. Said list may be amended from time to time by the Commission. Y. "Respondent" means any person who is named by a comptainant as atlegedly violating this Code. 3.12.030 Ethical Standards and Prohibited Practices Enumerated A. No County personnel shall, except for compensation as provided by law, use his or her office or any confidential infor�nation r.eceived thereby for any private purpose, including, without limitation: commercial purposes, financiat gain, or present or futare employment. Private purpose includes benefits received by the County personnet, members of his or her immediate family, and/or a business with which the County personnet is associated. B. l. No person shall offer or give anything of value to County personnel, members of their immediate famity or business with which they are associated or to any candidate for elected County office, member of his or her immediate family or business with which he is associated based on any agreement or understanding 12-6 �*7 that the vote or official action of any County personnet or any candidate for elected County office would be determined thereby. 2. No County personnel or candidate for elected County office shall soticit or accept anything of value based on any agreement or understanding t4at the vote or official action of any County persoRnel or any candidate for elected County office would be determined thereby. C. 1. No County personne! or candidate for elected Coanty office shall solicit or encourage, directty or indirectly, any political contribution from any County persannel, nor knowiagly accept any monetary contribution from County personnel in excess of one hundred dotlars ($100.00) per candidate per cafendar year. 2. Sabsection C.1. above shall not apply to contributions by County personnel who are snembers of the immediate family of the elected offcial or candidate; provided, further, that each such contribution by Couaty personnet shall be clearly identified by the donor as having been made by County personnel so that the candidate and/or the candidate's political organization can verify that the funds received are not in excess of the one hundred ($100.00} per calendar year limitation. This limitation on contri6utions es not intended to prohibit County personnel from voluntarily participating during off-duty hours in political acNvities on behalf of a candidate for County office. 3. No County personnet or candidate for County office shall use the power or authority of his or her office or position and/or the prospect of future office or position in a manner intended to induce or coerce any other person to provide, directly or indirectly, anything of value to said personnel, candidate or any other person, other than that which results naturally from the lawful and proper performance of one's officiai duties. D. No County personnel shall accept anything of value, other than compensation as provided by law, for assisting any person ta present a matter to a governmental body, or to any other County personnel. E. No County personnet shall accept anything of va(ue, other than compensation provided by law, for rendering the services for which he or she is legally compensated. F. No County personnel shall accept honoraria for any action or activity which is within the scope and duty of his or her employment by Pierce County. G. No County officer or County employee may receive, accept, take, seek, or solicit, directly or indirectly, anything of value for a matter connected with or related to the officer's or employee's services as such officer or employee unless otherwise provided for by law. H. No former County personnel shall,.during the period of one year after leaving County office or employment, disclose or use any information gained by reason of his/her County employment to obtain anything of value for himself or for any 12-7 56 other person unless the information is a matter of public knowledge or is avaitable to the public an request. I. No person and no County personnel shall: 1. Use, request, or permit the use of County motor vehicles, equipment, materiats, or property, except in the conduct of official business. 2. Use, request, or permit the use of County emptoyee services during County time except in the condnct of official business. J. No County personnel shatl use his or her official influence to aft'ect an illegai revaluation of any property in which he or she, the immediate family or a business with which he or she is associated has an interest, except through a lawfal appearance at a regularly constitated public hearing. K. No person and no County personnel shall engage in or aid and abet any act of reprisat against any person as a consequence of that person's having made a report of violation to the Hearing Officer. Institution of formal court proceedings shall not be considered an act of reprisal. L. No person and no County personnel shall commit or atlow any breach of confidentiality as required by this Code of Ethics in connection with auy report or investigation of a violation. M. No person and no County personnet shall knowingly and inteationatty induce or coerce or attempt to induce or coerce anyone to violate any provision of this Code of Ethics. N. No person and no County personnei shalt knowingly file a false charge or report of violation of this Code of Ethics with the Hearing Officer. O. 1. No County personne! or candidate for elected County office may accept gifts with an aggregate value in excess of half the threshotd amount established in RCW 42.17.170(� from a single source in a calendar year or a single gift from multiple sources with a value in excess of half the threshold amount established in RCW 42.17.170(�. For purposes of this section, "single source" means any person, as defined in PCC 3.12.020, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or aay trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under RCW 42.52.010. The value of gifts given to an employee or candidate's family :member or guest shall be attributed to the employee or candidate for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or sociai relationshiQ exists between the donor and the family member or guest. 2. The following items (a.-g.) are presumed not to innuence under Sections B., D., or E, when received from nonlobbyists and may be accepted within the value limit established by Subsection 1. of this section. 12-8 57 Only items a.-e. of this subsection are presumed not to influence under Subsections B., D., or E. when received from a registered lobbyist or lobbyist's employer and may be accepted within the value limit established by Subsection 1. of this section. No County personnet or candidate for elected County office may accept any item in Subsections f. and g. from any registered lobbyist or tobbyist's employer. a. Unsolicited flowers, plants, and florat arrangements; b. Unsolicited advertising or promotional items of nominal value, such as pens and note pads; c. Unsoticited tokens or awards of appreciation in the form of a ptaque, trophy, desk item, wal( memento, or simitar item; d. Informational material, pubtications, or subscriptions related to the recipient's performance of official daties; e. Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature; f. Food and beverages consumed at hosted receptions where attendance is related to the empioyee or candidate's ofticial or prospective duties; and g. 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. 3. The presumption in Subsection 2. of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item. 4. For purposes of Subsections 1. and 2. of this section, the definition of gift does not include po[itical contributions otherwise permitted by law. 3.12.035 Advisorv Opinions. A. Any person subject to or affeeted by Section 3.12.030 of this Code of Ethics may request a written advisory opinion. The request must be in writing and shatl explain atl the pertinent facts and circumstances. Advisory opinions are intended to assist the person seeking advice and to guide future conduct. B. The Commission retains the sole discretion to determine in which cases an advisory opinion will be issued. Factors the Commission may consider when determining in which cases an advisory opinion will be issued include, but are not limited to whether the issue presented is one of general application, one that has been recently addressed by the Commission, or one that is tikely to be the subject of controversy or dispute. I 2-9 � 3.12.040 Financial Disclosure A. 1. AI! candidates for County etective office, within two (2) weeks of becoming a candidate as defined under RCW 42.17.020, as enacted or hereafter amended and all persons recommended by a party centrat committee to the County Council for appointment to a vacant elective County office, within five (5) days af acceptance of such recommendation; shall file with the County Auditor a copy of the completed report required to be filed under RCW 42.17.240, as enacted or hereafter amended, and commonly referred to as Form F-1 or F-1- A, which bears an original signature of the person filing the report. All elected or appointed officials, on or before the date provided by State taw, shalt fite with the County Auditor a copy of the completed report required to be filed under RCW 42.17.240, as enacted or hereafter amended. These reports shall be public docaments filed in the Auditor's office. 2. In addition to the persons enumerated in Subsection A.1. above, the County Councit may, by ordinance, require other County personnel to tite with the County Auditor a copy of the report reqaired to be fited by RCW 42.17.240, as enacted or hereafter amended, and commonly referred to as Farm F-1, which bears an original signature of the person fiCing the report. $. It shall be snfficient to report amounts disclosed under Subsection A. of this section as within the ranges permitted by State taw, Ch. 42.17 RCW and WAC 390-24: C. Council Administrators, the District Court Administrator, the Superior Court Administrator, the Executive's Chief of Staff, all Executive department directors, and appointees to Executive department director positions shall comply with the financial disclosure requirements of this section. D. Chief Executive Officers, or the equivalent, of Section X. entities shall make the financial disclosures required of County officials in this section. This subsection shatl not be implemented unti! the Ethics Commission has adopted its tist of Section X. entities as described in PCC 3.12.020 X. 3.I2.050 Administration of Reaorts. With respect to those reports required to be filed under Section 3.12.040, the County Auditor shall: A. Provide forms for reports, statements, notices and other forms required, and furnish the same to persons required to file such statements and reports; B. Accept and file any information voluntarily supplied that exceeds the requirements; C. Make statements and reports filed avaiiable during regutar office hours for public inspection and copying upon written and signed request, and make copying facilities avai[abie at a charge not to exceed actual cost; D. Compite and maintain an index of all reports and statements filed to fac�litate public access to such reports and statements; t2-to 59 E. Preserve statements and reports filed for a period consistent with the period provided in RCW 42.17.450, as enacted or hereafter amended; and F. Post an index of statements and reports filed on the Auditor's website. 3.12.054 Lobbvist Registration. A. Atl lobbyists sfialt compty with the registration requirements set forth in RCW 42.17.150(1)a-h, {2), (3) and (4). All registratian statements and notices required therein shall be public documents filed with the Pierce County Auditor. B. The registration filing fee shall be twenty-five dollars ($25.00). C. The Auditor shail provide copies of lobbyist registration forms upon request. D. The Auditor shatt maintain a fist of currently registered lobbyists on the Aaditor's website. 3.I2.056 Lobbvist Reporting. A. Any lobbyist registered under PCC 3.12.054 shall fite with the Auditor periodic reports of his or her activities signed by the [obbyist. The reports shalt be made in the form and manner prescribed by the state Public Disclosure Commission pursuant to RCW 42.17.170. B. In addition to the information required by the Pablic Disclosure Commission.in RCW 42.17.170(2}, the periodic report shall contain: 1. The subject matter of proposed legislation or other tegislative activity or policy adoption aud the county agency considering the same, which the lobbyist has been engaged in supporting or opposing during the reporting period. 2. Such other information relevant to lobbying activities as the Ethics Commission shall prescribe. Information supporting such activities as are reqaired to be reported is subject to audit. C. An index of all lobbyist reports and statements filed pursuant to this chapter shall be posted on the Auditor's website. D. The reports required in this Section shall be Pub(ic Documents 61ed in the Auditor's Office. 3.12.058 Exem�tions. The following persons and activities shall be exempt from registration and reporting under PCC 3.12.0�4 and 3.12.056. A. Citizen Lobbyists. Persons who lobby without compensation or with compensation or other consideration limited to reimbursement for minor incidentat personal egpenses, such as miteage, parking, meals, photocopying, telephone, and facsimiles, for acting as a tobbyist shalt be considered citizen t2-tt 60 (obbyists and sha11 be exempt from registration. The exemption contained in this section is intended to permit and encourage citizens of the County to lobby any Council member or the Executive without ineurring any registration or reporting obligation. Any person exempt under this section may, at his or her option, register and report under this chapter. B. Technicat Experts. It is understood that some entities or organizations may employ a specific person or persons as lobbyists. In addition, other employees of certain entities or organizations, or contracted experts, may have occasion to meet on an irregular basis with Council members or the Executive or, appear before public sessions of the Council or its committees to provide information or expert testimony. Such other employees or contraeted experts shall not be required ta register or report under this chapter only if: 1. They restrict their activities as defined in this section to no more than six (6) days or parts thereof during any quarter. Appearing before pubtic sessions of the Council and committees of the Coancil are not counted towards the six (6) days; and 2. They are not registered as a lobbyist with the Washington State Pubtic Disclosure Commission as a representative of the same ctient or organization for which they are an employee or contracted technical expert. Any person exempt under this section may, at his or her option, register and report under this chapter. C. Governmental Of�icials, Officers and Employees. Except for a person or persons specifically employed or otherwise retained by a governmental agency to lobby, elected offcials, officers and employees of any local, state or federal government agency acting within the scope of their representation of or employment with such agency are not required to register or report under this chapter. D. Media Persons. News or feature reporting activities and editorial comment by working members of the press, radio or television and the publication or dissemination thereof by a newspaper, book publisher, regularty published periodical, radio station, on-line media person or television station shall be exempt from registration and reporting under this chapter. Any person exempt under . this section may, at his or her option, register and report under this chapter. 3.12.060 Hearing Officer. A. There is established the position of "Hearing Officer" whose function will be to receive written comptaints of alleged violations of this Ethics Code, and to investigate the comptaints in order to make an initiat threshoid determination whether probable cause exists to believe that a violation of this Code has occurred, all as set forth in Section 3.12.080. B. The Hearing Officer shall be selected by the Ethics Commission by majority vote for a one year contract. The Hearing Officer's contract may be renewed by a majority vote of the Commission. The Hearing Officer shall be a member in good t2-t2 61 standing with the Washington State Bar Association, shall have been licensed to practice law in the State of Washington for a minimum of five (5) years, and shall have prior judiciat experience as a member of the Superior Court or Appettate Coart Bench. If an individuat with prior judicial experience is unavailable to serve, this requirement may be waived. Because of its sensitive position, the Hearing Officer must avoid even the appearance of a conflict of interest. Therefore, the Aearing Officer s'hall be boand by the same restrictions as are set farth iQ Section 3.12.070 for members of the Ethies Commission. C. The Hearing Ofticer shalt be compensated for the time devoted to the performance of his or her officiai duties at a rate to be negotiated 6et�een the Ethics Commissioo and the Hearing Officer, subject to the approvat of the Executive. The Hearing Officer shall be reimbursed for reasonable and necessary expenses incurred in the performance of his or her official duties. D. Whenever a Hearing Officer selected under this Code is either temporarily or permanently e�nabte to perfarm the duties of this position, the Commission shall seiect a temporary replacement or permanent successor in the manner provided for in Subsection B. of this section. 3.I2.070 Etbics Commission A. There is established an "Ethics Commission" composed of five (5) members appointed by the County Executive and subject to confirmation by a majority of the Council. These members shall serve without pay. B. At least one (l) member of the Commission shalF be licensed to practice law in the State of Washington and ali members shall be registered voters in the State of Washington. C. At least three (3) members of the Commission shall be employed in or retired from the private sector. D. The original members shall be appointed within sixty (60) days after adoption of the ordinance codified in this Chapter. Two of the originat five members shall serve initiat terms of two years and one of the original members shall serve an initial term of one year, as determined by the drawing of lots. Thereafter, members of the Commission shall be appointed to three-year terms. Members shall serve until his or her successor is appointed or for sixty (60) days following the expiration of the term, whichever is sooner. E. No member of the Commission, during his or her tenure, shatl: 1. Hotd or campaign for elective office; 2. Be an officer of any political party or political committee; 3. Make contributions, or permit his or her name to be used in support of, or in opposition to, any candidate for County office; 12-t3 62 4. Lobby or employ or assist a lobbyist. �. No person shail be eligibte for appointment to more than rivo three-year terms, except as provided in Subsection G. of this section. G. An individual appointed to fill a vacancy occurring other than by the expiration of a term of offiee shall be appointed for the unexpired term of t6e member he or she succeeds, and shall be eligible for appointment to two full three-year terms thereafter. Any vacancy occurring on the Commission shait 6e filled within sixty (60) days in the manner in w6ich that position was originally filled. A vacancy shall not impair the powers of the remaining members to exercise all the powers of the Commission. H. The Commission may select a presiding officer in t6e manner it deems appropriate. : I. Three (3} members of the Commission shall constitute a quorum and a vote of three (3) members is required for any action or reco�ttmendation of the Commission. The Commission shall meet as frequentty as it deems necessary, provided that ten (10) days advance written notice is mailed to each Commission member and to any person who has fited a request to be notified of such meetings. J. In addition to the duties prescribed by the Code of Ethics, the Commission shalt have the following powers: 1. Foltowing a determination of probable cause by the Hearing Officer, act as the primary investigative body for violations of the provisions of this chapter. 2. Preserve alt fiies, statements, correspondence and records of proceedings for a period of seven (7) years. 3. To adopt procedures to govern the conduct of the Commission. 4. To conduct investigations and hold hearings. �. To advise the Executive as to budget requirements and make expenditures in accordance with the annual budget. 6. To request the services of the Prosecutiag Attorney. 7. To consider questions of ethical conduct if in the public interest, and to issue advisory opinions. S. To make recommendations to the County Executive and the County Council for amendments to this chapter and for such other tegislation affecting the subject matter of this chapter as the Commission may deem necessary or desirable. 12-14 63 9. To provide through coordination with the Human Resources Department, a eontinuing program of education, assistance, and information regarding ethical conduct to al{ county officers and emptoyees. K. When, in the judgment of the Executive, a member of the Ethics Commission has vialated any provision of this Ethics Code or other law or has engaged in any of the activities prohibited in Subsection E. of this section, the Executive may recommend to the County Counci! that the member be removed. Upon coneurrence of a majority of the Council the member sha(1 be removed from the Commission, a vacancy declared and a new member appointed. L. Members of the Ethics Commission shall not discuss any hearing or investigation regarding `a violation or alleged violation of this Code of Ethics, nor divulge the identity of any complainant or respondent except through the process prescribed by this Code. M. Alt meetings of the Ethics Commission shall comply with the Open Public Meetings Act, Chapter 42.30 RCW. N. The County shall provide ten thousand dotlars ($10,000) annually to the Commission, through the annual budget process, to cover the casts of staff assEStance. 3.12.080 Enforcement Procedures. A. Any person who has personai knowledge of a violation of this Ethics Code may file a comptaint of the violation with the Heareng Officer. Comptaints shalt be submitted on a form prepared by the Ethics Commission and shail be delivered to the Hearing Officer at a Iocation to be determined by the Hearing Officer in a sealed blank enve(ope. Complaints shall include, but not be limited to, the following: 1. Identity of complainant; 2. Identity of alleged Ethics Code violator; 3. Detaited description of activity constituting violation including dates and locations of violations; 4. Section of Ethics Code believed to be violated, if known; 5. Identity of other persons with knowtedge regarding alleged violation, if known; 6. A statement by the compiainant that he or she will maintain confidentiality regarding the fact that a complaint has been filed with the Ethics Commission, and that he or she understands that faiiure to maintain such confidentiality may jeopardize the process and result in an invatidation of the complaint. Breach of confidentiality by a complainant regarding the fact that a complaint i2-t� 64 has been filed constitutes a Ctass 1 civit infraction as defined by Chapter I16 PCC. B. If a complainant breaches confidentiality regarding�the fact that a comp(aint has been fited, the compiaint may be dismissed as provided in Section 3.12.090 C. unless the subject af the complaint fites a request with the Commission to �omplete the investigation. C. Upon receipt of the above-described complaint, the Hearing Officer shatl conduct such investigation of the al[egations contained therein as he or st►e deems necessary and appropriate in order to make an initial determination as to whether probable cause exists to believe that a violation of this Ethics Code has occurred. D. If the Hearing Officer is satisfied that there is no probab(e cause to believe that a violation of this Ethics Code has occurred, he or she shall: l. So notify the complainant and the subject of the coEnplaint; in wreting. Written correspondeuce shatl be dee�ned received within three days of the postmarked date; 2. Prepare written findings and conclusions regarding the complaint stating the factuat basis for the findings and the (egal basis for the conclusions; 3. Fi{e the findings, conctusions and a notice of no probable caase with the Ethics Commission; 4. If he or she believes a criminal act of a type not covered by the Ethics Code was committed, submit his or her file to the appropriate (aw enforcement authorities; 5. Take no further action other than as specified above and maintain confidentiality regarding his or her investigation. E. In the event complainant believes that the Hearing OfGcer did not fairty and impartially review his or her comp(aint prior to determining no Qrobable cause, complainant may file, by mailing to the Ethics Commission, a request for reconsideration with the Chair of the Commission. A statement that the Hearing Officer did not make a fair and impartial review because of reasons of conflict of interest, bias or prejudice must be attached to the request for reconsideration. 1. The statement must set forth facts and reasons for the belief that the conflict of interest, bias or prejudice exists. 2. The statement shall be postmarked no more than twenty (20) calendar days after comptainant is deemed to receive notice of the Hearing Officer's original finding of no probable cause. 3. The Chair shalt rule on the adequacy of the statement prior to referring the statement to the Commission. The Commission shall then review the original complaint, the statement, any other written materials which were considered 12-16 65 by the Hearing Officer, and the Hearing Officer's findings and conc[usions, to determine if probable cause exists. If four (4) Commission members find that probable cause does exist, the Commission shall: a. Prepare and fite its own written findings and conctusions; b. Proceed as set forth in Subsection F. of this section. 4. Shouid it appear to the satisfaction of four (4) members of the Commission at any time that any of the statements presented to it pursuant to this section are presented in bad faith or solely for the purpose of harassing a respondent or prolonging the investigation, the Commission shatl order the comptainant submitting them to pay to the Commission and the respondent the amount of reasonable expenses which the filing of the statement caused it to incur, including reasonable attorneys fees, and shall dectare no violation has occurred. F. If the Hearing Officer finds probable cause to beGeve an Ethics Code violation has occurred, he or she shalL• l. Prepare written findings and conctusions regarding the complaint stating the factuat basis for the findings and the tegat basis for the conctusions; 2. File the fiadings and conclusions and a notice of probabie cause with the Ethics Commission; 3. Submit [�is or her file to the appropriate law enforcement authorities if he or she believes a criminal act of a type not covered by the Ethics Code was committed; 4. Take no further action other than as specified above and maintain confidentiality regarding the complaint, the investigation and findings. G. Except as set forth in this section, the Hearing Officer and the Commission shall keep in strict confidentiality the fact that a complaint has been received, the contents of the comp[aint, t6e identity of the party making the complaint, the results of the investigation and the Hearing Officer's findings and conclusions. H. Upon receipt of the Hearing Off'icer's findings of probable cause, the Commission may choose between the two courses of action as follows: 1. Refer the matter to the office of the Pierce County Prosecutor for criminal prosecution; provided, that upon a determination that the proof beyond a reasonable doubt necessary for criminal conviction is not available, the office of the County Prosecutor may refer the matter back to the Commission for proceedings consistent with the civit burden of proof; e.g., a simple preponderance of the evidence; or t2-t7 66 2. Retain the matter for its own formal investigation with a view toward the uitimate imposition of a civil penalty or penalties in the event it is determined an actual violation has occurred. I. Should the Commission decide to retain the matter for its own formal investigation pursuant to Subsection G.2. above, the Commission shall notify, in writing, the complainant, and the respondent, of its decision to parsue a formal investigation by way of holding a hearing ta determine if a violation has oecurred. J. Respondents shall be informed as to their rights to have the hearing either open or closed to the pubtic pursuant to the requirements of RCW 42.30.110(1)(� and (2). K. I. Hearings conducted by the Commission shall be informal with technieal rales of evidence not applying to the proceedings except the rutes of privilege recognized by law. The respondent may be represented by legal counsel and/or by his or her bargaining representative and may present artd cross- examine witnesses and give evidence before t6e Commission. The Commission may call witnesses on its own motion and compel the production of books, records, papers or other evidence needed. To that end the Ethics Commission shatt issue subpoenas and subpoenas duces tecum at the request of the Commission or the person complained against. All testimony shall be under oath administered by a member of the Commission. The Commission may adjourn its hearing from time to time in order to altow for the orderly presentation of evidence. 2. Upon motion of respondent or upon its own motion, the Commission may temporarily stay or permanently suspend its investigation when, in its informed discretion, the manifest needs of justice and fairness will be better served there6y. 3. Commission shall Qrepare an official record of the hearing, inctuding all testimony which shall be recorded manually or by mechanical device, and exhibits; provided, the Commission shall not be required to transcribe such records unless an individual entitled to knowledge of the contents of the record presents a request accompanied by payment of the cost of transcription. L. Within thirty (30) calendar days after the conclusion of the hearing, the Commission shall, based upon a preponderance of the evidence, make and fully record, in its permanent records, findings of fact, conctusions of taw, and an order containing the final disposition including where appropriate the civil sanction(s) imposed. A copy of the findings, conctusions and order shall 6e forwarded 6y registered mail to the complainant and to the respondent at addresses provided by both persans to the Commission. M. Any person found, by final written order of the Cornmission, to be in violation of this Code of Ethics may appeal the Commission's decision in the manner and form as provided by State law. N. If no appeal is perfected within the thirty (30) calendar days following the date of the Commission's final order, and voluntary compliance with the order does not 12-t$ 67 occur, the County Prosecutor shall petition in Superior Court for enforcement of the CorrEmission's order in a manner patterned after that which is currently provided for enforcement of orders entered by the State Pubiic Disclosure Commission in RCW 42.17.397 (Laws of Washington, 1975-76 2d ex. s.c. 112=13). 3.12.085 Breach of Confidentialitv - Civil Infraction. Any complainant who breaches confidentiatity regarding the fact that a complaint has been filed with the Ethics Commission shalt be subject to a C[ass 1 civil infraction citation pursuant to Chapter 1.16 PCC. 3.12.090 Civil Penalties — Other Sanctions Preserved A. Whenever the Commission determines that a viotation of any provision of this Code has occurred, it may issue an order to the violator to comp[y with any one or more of the foliowing requirements: 1. To cease and desist violation of this chapter; 2. To fite any reports or other documents or information required by this chapter; 3. To pay a civil penalty of not more than five hundred doltars ($500.00), or an amount not exceeding three times the economic vatue of anything received or sought in violation of this chapter, whichever is greater; 4. To pay any damages sustained by the County which are caused by the conduct constituting the violation; or 5. The violation or fai(ure to comply with Section 3.12.040 shall constitute a civit infraction for which a monetary fine of up to one thousand dollars ($1,000.00) shall be assessed. Each violation shall be a separate violation and shatl 6e subject to the fine. Any action seeking to establish the fact of a violation and imposition of a monetary fine under this Section shall be commenced by the Ethics Commission. In assessing the monetary fine, the Commission may consider the circumstances surrounding the violation including, but not limited to, the history of past violations. B. Violators shall be subject to the penalties as set forth in this Code of Ethics, but may be subject to other liabilities to the extent that their conduct violates other provisions of the Iaw, including without limitation, RCW 9A.68.010 through 9A.68.050 (Bribery and Corrupt Influence) and RCW 9A.80.010 (Abuse of Office), and to such extent criminal penalties shall be imposed in accordance with State law. C. In addition to the above sanctions, shouid the complainant violate the confidentiality provisions of Subsection J. of Section 3.12.030, the Ethics Commission may order dismissal of the complaint unless otherwise requested by the subject of the complaint. 12-t9 68 D. Any sanction imposed under this chapter is in addition to and not in lieu of any other pena[ty or sanction that may be imposed according to law or equity, including removal or recail frorn office, emptoyee disciptinary action, or injunctive relief to ensure that any violation of this chapter cease and desist and/or that any statement or other information required by this Code of Ethics be fited. � E. The violation or faiture to comply with Section 3.12.054 or 3.12.056 shall constitute a civil infraction for which a monetary fine of up to one thousand dollars ($1,000.00) shall be assessed. Each violation shall be a separate violation and shali be subject to the fine. Any action seeking to establish the fact of a violation and imposition of a monetary fine under this section shail be commenced by Pierce Coanty. 3.12.100 Criminat Penalties A. A misdemeanor, as used in this section, is punishable by imprisonment in the County jail for not more than ninety (90) days, or by a fine of not more than one thousand dollars ($1,000.00), or by both. B. Any person or County personnel who krcowingly violates any provision of Subsections C.3., L., and/or N. of Section 3.12.030 (Ethical Standards and Prohibited Practices Enumerated) shall be guitty of a misdemeanor. 3.12110 Misceltaneous Administrative Provisions. It shall be the responsibitity of all elected or appointed officials to distribute this Code of Ethics to each employee under his or her official authority. Distribution must be made within ninety (90) d ays of the adoption hereof. Each employee receiving a copy shalt initial a list indicating receipt of the Code. The Human Resources Department shall be responsible for maintaining the tists as public documents. The responsibility of distributing Ethics Codes shatl be continuous, requiring present and future elected officials to distribute true copies to all new employees and to require written indication of receipt of such copies. 3.12.120 Limitation on Actions A. Prosecutions for misdemeanors as set forth in this Code of Ethics must be commenced within one (I) year after the date when the violation occurred. B. Any other action brought under the provisions of this Ethics Code must be commenced within two (2) years after the date when the violation occurred. For purposes of this limitation, the filing of a complaint with the Hearing Officer shall be deemed to have "commenced" an action. 3.12.130 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected. 12-20 69 CITY ATTORNEY'S OFFICE MEMORANDUM