Res 13-646RESOLUTION NO. 13 -646
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Amending Section 4.3 of the Code of Ethics to Clarify the
Obligation when One has a Remote Interest.
WHEREAS, the City Council for City of Federal Way, Washington established a Code of
Ethics for the City Council, and for Commissioners and/or Board members in Resolution No. 91 -54;
and
WHEREAS, in Section 2.1 of the Ethics Code an elected official is defined to include
Council members, the Mayor, and members of City Boards, Commissions, Committees, or other
multi - member bodies appointed by the City Council; and
WHEREAS, Section 2.6 of the Ethics Code defines a remote interest to exist when an
individual is: (1) an unpaid officer, Board member, or other person who functions in a decision-
making capacity which can influence policy or funding of a corporation, partnership, joint venture or
other entity; (2) a landlord or tenant of an entity contracting with the City of Federal Way; or (3) a
holder of less than one percent (1 %) of shares of, or ownership interest in a business entity
contracting with the City; provided no interest shall be deemed to be remote where an Elected
Official influences or attempts to influence any other Elected Official or City Employee to take any
action with financially benefits the Elected Official by or through the interest; and
WHEREAS, Section 4.3 of the Ethics Code states that an Elected Official shall disclose the
fact and the extent of a remote interest for the official minutes of the City Council prior to
Councilmembers taking any action related to the interest. In the event a Councilmember has a
Resolution No. 13 -646 Page 1 of 3
remote interest, all taken by the City Council related to such interest shall be by a vote sufficient for
the purpose without counting the vote of the Councilmember having the remote interest; and
WHEREAS, the current language in Section 4.3 of the Ethic Code as stated above allows
Commissioners and/or Board members to vote on a recommendation to the City Council after
disclosing a remote interest; and
WHERAS, the City Council finds that consistency is important when addressing any conflict
of interest, whether actual or remote; and
WHEREAS, the City Council desires to modify Section 4.3 of the Ethics Code to achieve
consistency as identified below.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Section 4.3 of the Federal Way Code of Ethics shall be modified as follows:
4.3.1 An Elected Official shall disclose the fact and extent of a remote interest for the official
minutes of the City Council prior to Councilmembers taking any action related to the
interest. In the event an Elected Official Getmeilme has remote interest, all action
taken by the Commission, Board, or City Council related to such interest shall be by a
vote sufficient for the purpose without counting the vote of the Elected Official
couneilffle having the remote interest.
Section 2. Severability. 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.
Resolution No. 13 -646 Page 2 of 3
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections 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 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 3rd day of September, 2013.
CITY OF EDERAL WAY
MAY M, S16P PRIEST
omTEST:
CITY CLERK, CAROL M NEILLY, C
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 08 -27 -2013
PASSED BY THE CITY COUNCIL: 09 -03 -2013
RESOLUTION NO.: 13 -646
Resolution No. 13 -646 Page 3 of 3