RES 19-752 - Amending Code of Ethics RESOLUTION NO. 19-752
A RESOLUTION of the City of Federal Way, Washington, Amending
Code of Ethics Section 2.4 to Clarify the Definition of Gift and Section
4.3 to Clarify Conflict of Interest.
WHEREAS,the City Council for the 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, Section 2.4 of the Ethics Code defines a Gift, but does not define a minimal
value; and
WHEREAS, the City Council would like to clarify a reasonable expense as modified in
Section 2.4 below; and
WHEREAS, the City Council would like to further clarify what a councilmember shall do
when there is a remote interest.
WHEREAS, the City Council finds that consistency is important amongst the boards and
commissions; and
WHEREAS, the City Council desires to modify Section 2.4 and 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 2.4 of the Federal Way Ethics Code shall be modified as follows:
2.4 Gift
A rendering of money,property, services, discount, loan forgiveness,payment of
indebtedness, reimbursements from or payments by persons, other than the City of
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Federal Way for travel or lodging or anything else of value in return for which legal
consideration of equal or greater value is not given and received, excluding:
(a) Things of minimal value. Minimum value shall be defined as gifts that do not
exceed $20 per occasion or$50 from a single source in any given calendar year.
(b) Any contribution under chapter 42.17 RCW (Disclosure—Campaign Finances—
Lobbying—Records).
(c) Any informational material transferred for the purpose of informing the recipient
about matters pertaining to official City business, and that is not intended to
financially benefit the recipient.
(d) Any symbolic presentation not intended to financially benefit the recipient.
(e) Things of value not used and that, within thirty(30) days after receipt, are
returned to the donor or delivered to a charitable organization without being
claimed as a charitable contribution for tax purposes;
(f) Things of value received in the normal course of private business or social
interaction or from family that are not related to public policy decisions or City
actions.
(g) Payments of enrollment and course fees and reasonable travel expenses
attributable to attending seminars and educational programs sponsored by a bona
fide nonprofit professional, educational, or trade association or charitable
institution are exempt. 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.
(h) The acceptance of a gift on behalf of the City pursuant to City Council rules
regarding acceptance of gifts. <
Section 2. Section 4.3 of the Federal Way Ethics Code shall be modified as follows:
4.3 Consistent with RCW 42.23.10,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 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 having the remote interest. This shall be accomplished by the Elected
Official recusing his or herself from the vote.
An officer with a remote interest shall not influence or attempt to influence any other
officer of the city to convey City funds to the entity that is the source of the remote
interest.
Section 3. 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
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unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 4. 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 5.Ratification.Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 6. 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 5th day of March, 2019.
[Signature Page to Follow]
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CITY OF FEDERAL WAY:
JIM ' RE L, MAYOR
t
ATTEST:
i I , 1
S 'HANIE COURTNEY, i, CITY CLERK
APPROVED AS TO FORM:
M Cd
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 02/27/2019
PASSED BY THE CITY COUNCIL: 03/05/2019
RESOLUTION NO.: 19-752
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