Res 91-054
COfC'f
RESOLUTION NO. 91-54
A RESOLUTION OF THE CITY OF FEDERAL WAY,
ESTABLISHING A CODE OF EnnCS FOR CITY COUNCIL,
CITY MANAGER AND CITY EMPLOYEES,
WHEREAS, City Councilmembers are elected to exercise their discretionary
powers pursuant to the laws and the Constitution which may often involve honest disagreement
on policy matters; and
WHEREAS, in the exercise of these powers the Councilmembers should operate
within a framework that will protect the public trust and ensure public confidence in the conduct
of elected officials and public employees; and
WHEREAS, good government should operate and conduct itself in an open and
impartial manner, and to a standard that ensures an efficient, fair and accountable system; and
WHEREAS, a Code of Ethics for the City Council, City Manager, and City
Employees can provide guidance to such individuals in the perfonnance of their public duties
and promote confidence from the public in its government; NOW, THEREFORE,
BE IT RESOLVED by the City Council of the City of Federal Way as follows:
Section 1. Policy. The City of Federal Way is committed to conducting its
business in a fair, open, efficient and accountable manner. Public officials and employees shall
conduct their public and private actions and financial dealings in a manner that shall present no
apparent or actual conflict of interest between the public trust and that private interest. Each
official and employee is assumed and expected to act in accordance with all laws and codes of
ethics that may apply to his or her position, as well as striving to avoid even an appearance of
impropriety in the conduct of his or her office or business. Each employee should be infonned
of this Resolution and meet its requirements. Questions regarding its interpretation should be
brought to an employee's supervisor and the City Attorney for interpretations of this code and
should proceed through processes provided for in the Personnel Policy Manual to act upon
allegations of misconduct in violation of this code. Questions regarding the interpretation of the
Code as applied to Council members and allegations of violation of this Code by Councilmembers
shall be referred to the Board of Ethics through the process established herein.
shall apply.
Section 2. Definitions. Throughout this Code of Ethics, the following definitions
A. City Council: For the purposes of this Code of Ethics only, "City
Council" or "Councilmembers. also includes members of City Boards, Commissions,
Committees, or other multi-member bodies appointed by the City Council.
B. Family: Spouse, parent, child, sibling, aunt, uncle, niece, nephew, cousin,
grandchild, grandparent or any parent-in-law, son- or daughter-in-law, or brother- or sister-in-
law.
C. Financial Interest: A creditor, debtor or ownership interest (including
without limitation, ownership evidenced by stock purchase) in an amount or value in excess of
five percent (5%) interest, or any employee, consultant or partnership arrangement, except a
remote interest; provided that an owner of an interest in a mutual or other pooled investment
fund or in any employee or retirement benefit p1an (including without 1imitation, pension plans,
profit sharing plans and deferred compensation plans) shall not be deemed to have a Financial
Interest in any component investment within the fund or plan where the owner of the interest I)
has no right to control or influence the selection of component investments; and 2) has not
influenced the selection of component investments; and 3) has not created or used the fund or
plan to subvert the intent of this Code,
D. Gift: A rendering of money, property, services, discount, loan
forgiveness, payment of indebtedness, reimbursements from or payments by persons, other than
the City of 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:
1.
Things of minimal value;
2.
Any contribution under chapter 42.17 RCW (Disclosure -
Campaign Finances - Lobbying - Records);
3.
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 that
recipient;
4.
Any symbolic presentation not intended to fInancially benefit the
recipient;
5.
Things of value not used and that, within thirty days after receipt,
are returned to the donor or delivered to a charitable organization
without being claimed as a charitable contribution for tax purposes;
6.
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.
7.
The acceptance of a gift on behalf of the City pursuant to City
Council rules regarding acceptance of gifts.
E.
Immediate Family: Spouse and dependent children.
F.
Councilmember is:
Remote Interest: A remote interest may be deemed to exist where a
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1.
A non salaried officer of a nonprofit corporation;
2.
An employee or agent where the employee's or agent's
compensation consists entirely of fixed wages or salary;
3.
A landlord or tenant of an entity contracting with the City of
Federal Way; or,
4,
A holder of less than one percent of the shares of, or interest in,
a business entity contracting with the City; provided, no interest
shall be deemed to be remote where a Councilmember influences
or attempts to influence any other Council member or City
employee to take any action which financially benefits the
Council member by or through the interest.
G. City EmDloyee: Any individual who is appointed as an employee by the
appointing authority for the City.
H. Transactions With the City: Participation in any proceeding, application,
submission, request for ruling or other determination, contract, claim, case, or other such
particular matter in which a City Employee or former City Employee believes, or has reason
to believe:
2.
3.
1.
Is, or will be, the subject of City action; or
Is one to which the City is or will be a party; or
Is one in which the City has a direct and substantial proprietary
interest.
Section 3. Personal Gain or Profit.
A. A Councilmember, the Manager or employee shall not knowingly use his
or her office or position for personal or Family gain or profit.
B. A Councilmember, the Manager or employee shall not use City-owned
property or City services for personal or Family gain or profit.
C. A Councilmember, the Manager or employee shall not use information
acquired in confidence from a City customer, supplier, lessee or contractor for other than City
purposes.
Section 4. Conflict of Interest.
A. A Councilmember, the Manager or employee shall not knowingly engage
in activities which are in conflict, or which have the potential to create a conflict, with
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performance of official duties. Examples of conflicts, or potential conflicts of interest include
but are not necessarily limited to, circumstances where the Council member, Manager or
employee:
I.
Influences the selection or non-selection of or the conduct of
business between the City and any entity when the
Council member, Manager or employee has a Financial interest.
2.
Solicits for himself or herself or for another, a Gift or any other
thing of value from the City or from any person or entity having
dealings with the City; provided, however, that no conflict of
interest for the Council member, the Manager, or employee shall
be deemed to exist with respect to solicitations for campaign
contributions required to be reported under chapter 42.17 RCW or
for charitable contributions.
3.
Accepts any retainer, compensation, Gift or other thing of value
which is contingent upon a specific action or non-action by the
City Council, City Manager oremployee.
4.
Accepts a Gift in any manner other than as provided in Section 5
(Acceptance of Gifts) below.
5.
Intentionally uses or discloses information not available to the
general public and acquired by reason of his or her official
position which financially benefits himself or herself, Family,
friends or others.
B. A Councilmember shall not take part in any Council action, as that term
is defIned in chapter 42.30 RCW, concerning any contract, property, or other matter of any
kind, in which the Councilmember or his or her Immediate Family has a Financial Interest, or
which otherwise creates a conflict of interest.
C. A Councilmember shall disclose the fact and extent of a Remote Interest
for the official minutes of the City council prior to taking any action related to the interest and,
thereafter, all action 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.
Section 5. Acceptance of Gifts.
A. Except as provided in subsection 5.A. above, a Council member or
Employee may not accept Gifts of cash in any amount.
B. The Council members, the City Manager and City Employees may not
accept personal Gifts.
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Section 6. Campaign Activities. City employees may participate in the politica1
process only on their own time, and only outside of the workplace by working on campaigns for
the elections of any person to any office, or for the promotion of or opposition to any ballot
proposition, and shall not use or authorize the use of the facilities of the City for such purposes
except as may be authorized by law under the provisions of RCW 42.17.130.
Section 7, Comolaint A!!ainst a Council member and Advisory Opinions
Re!!ardin!! Council members - Board of Ethics
A. There is created a Board of Ethics for the City of Federal Way, The
purpose of this Board of Ethics is to issue advisory opinions on the provisions of this Code of
Ethics and to investigate and report to the City Council on any alleged violations of this Code
of Ethics, all as set forth below,
B. The Board of Ethics shall be composed of three (3) members, none of
which shall be a City Councilmember or City employee. The board members shall be appointed
by the City Council. The term of each board member shall be three (3) years. The fust three
members shall be appointed for one, two or three year terms respectively. The first chair of the
Board shall be determined by the Council and the Chair shall be appointed to the three year
term. The other terms are to be determined by lot. After the first year of the Chair's term, the
Board shall determine and elect its Chair thereafter. The Chair shall serve for a period of one
year, unless reelected. In filling any vacancy or making an appointment to the Board of Ethics,
the City Council shall strive to select members with diverse perspectives and areas of expertise
appropriate to the review of ethica1 matters, and who are of good general reputation and
character.
C. A majority of the Board of Ethics shall constitute a quorum. The Board
shall meet as frequently as it deems necessary and in accordance with the provisions of the
Code. The Board shall adopt procedures consistent with the provisions of this Code governing
the conduct of its meetings, investigations, hearings and the issuance of opinions.
D.
Specific Complaint Against a Councilmember
1. Any person may submit a written complaint to the City Clerk
alleging one or more violations of this Ethics Code by a Councilmember. The allegation must
set forth specific facts with precision and detail, sufficient for a Determination of Sufficiency
by the Board. In addition, the complaint must set forth the specific sections and subsections of
this Code that the facts violate, and the reasons why. Each complaint must be signed by the
person or persons submitting it, must state the submitter's correct name, address at which mail
may be personally delivered to the submitter, and telephone number at which the submitter may
be contacted.
2. The City Clerk shall submit that complaint to the Board for
Determination of Sufficiency of the complaint. A complaint cannot be sufficient unless it
precisely alleges and describes unjustified acts which constitute a prima facie showing of a
violation of a specified provision or provisions of this Code. The purpose of requiring that the
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complaint be sufficient is to ensure that the complaint is supported by identifiable facts, and to
ensure that the complaint is not based on frivolous charges.
3. The Board shall submit a written report with a finding of
sufficiency or insufficiency within ten (10) days of its receipt of the written complaint. The
Determination of Sufficiency by the Board is final and binding, and no administrative or other
legal appeal is availabJe. If the finding is one of sufficiency of the complaint, then the complaint
shall be investigated and reported as set forth below.
4. The Board shall conduct an investigation of the written complaint
before it. The Board shall begin the investigation no later than ten (10) calendar days after the
Determination of Sufficiency of the complaint and shaH conclude the investigation no later than
fourteen (14) calendar days after it commences the investigation, The Board shall render a
written opinion, setting forth its findings of facts and conclusions and opinion as to whether or
not the individual against whom the complaint was fiJed has violated the Code of Ethics.
5. No opinion may be issued by the Board unless a person or entity
complained against has had an opportunity to present information on his, her or its behalf at a
hearing before the Committee.
6. A copy ofthe written opinion shall be delivered to the City Council
and the complaining party within seven (7) calendar days of conclusion of the investigation.
E. The Board of Ethics may also render written opinions concerning the
applicability of the Code of Ethics to hypothetical circumstances or situations upon the request
of any person.
F. The City shall release copies of any written advisory opinions or opinions
resulting from an investigation of a complaint in response to public records requests as consistent
with chapter 42.17 RCW and any other applicable public disclosure laws.
G. The City Manager shall provide staff, as he or she deems appropriate, to
assist the Board of Ethics.
H. Board members shall be reimbursed by the City for reasonable expenses
incurred in its exercise of the official business of the Board, consistent with the expense
reimbursement policies of the City.
Section 8. ComDlaints Ae:ainst EmDloyees. Any and all complaints regarding
City Employees shall be brought to the employee's supervisor. The supervisor, or appropriate
individual as determined by the City Manager, shall investigate the complaint. All action related
to complaints about City employees shall be in accordance with the Personnel Policy Manual.
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RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this.....2nd..... day of April , 1991.
CITY OF FEDERAL WAY
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MA YOR, DEBRA ERTEL
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S DRISCOLL, CITY ATTORNEY"
FILED WITH THE CITY CLERK: March 29, 1991
PASSED BY THE CITY COUNCIL: April 2, 1991
RESOLUTION NO. 91-54
91L240
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