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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