Res 94-188
RESOLUTION NO.
94-188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE CODE
OF ETHICS FOR CITY COUNCIL, CITY MANAGER AND
CITY EMPLOYEES TO AMEND THE DEFINITIONS OF
"FINANCIAL INTEREST" AND "REMOTE INTEREST" AND
TO PROVIDE A WAITING PERIOD FOR PERSONS WHO NO
LONGER HAVE A RELATIONSHIP WITH THE CITY FROM
PARTICIPATING IN ACTIVITIES IN WHICH THEY
OFFICIALLY WERE INVOLVED WHILE WITH THE CITY
(AMENDS RESOLUTION NO. 91-54, NO. 94-179 AND
NO. 94-184).
WHEREAS, the City of Federal Way previously adopted the
Code of Ethics in order to insure that the City operate and conduct
itself in an open and impartial manner, and to a standard that
insures an efficient, fair and accountable system; and
WHEREAS, the Code of Ethics does not properly define
"financial interest" and "remote interest"; and
WHEREAS, the Code of Ethics does not contain a waiting
period for former board members, commissioners, Councilmembers and
employees who leave the City regarding matters of disclosure,
representation and assistance of persons having dealings with the
city which were directly related with the board members,
commissioners, officers and/or employees' official capacity while
with the city; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Amendment.
is hereby amended as fol~ws:
Section 2 of Resolution No. 91-54
.
Section 2.
Definitions.
C.
Financial Interest.
iil Existence. A financial interest mav be deemed to
exist in any of the followinq situations:
ill.
A creditor, debtor or ownership interest in anv
corporation. partnership. ioint venture. or other
entitv (including without limitation, ownership
evidenced by stock purchase) in an amount or value
ia exeess ef fi'..cequal to or qreater than a one
percent (5~%) interest~in such entitv: or
RES # 94-188
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COpy
l..!li.
aAny paid employee, aqent. consultant or
partaership arraa~emeat,officer of anv corporation.
partnership. ioint venture. business or other
entitv. eJ!eept a remete iaterest; provided that
ii. Exceptions. Notwithstandinq the provisions of
Sections 2(c) ri) (a) and (b). a financial interest shall not be
deemed to exist in anv component investment within anv fund or
plan where an owner of an interest in a mutual or other pooled
investment fund or in any employee or retirement benefit plan
(including without limitation, pension plans, profit sharing
plans and deferred compensation plans) shall Hat be deemed ta
have a Fiaaaeial Iaterest ia aay csmpsfteat iavestmeat withia
the fuad sr plaa ,,'here the e'"aer ef the iaterest: 1) has no
right to control or influence the selection of component
investments; 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.
F. Remote Interest - A remote interest may be deemed to
exist where a Ceuaeilmember isan individual is:
1. An aaasalariedunpaid officer. board member. or other
person who functions in a decision-makinq capacitv which can
influence policv or fundinq of a corporation. partnership.
ioint venture or other entitv:af a aeHprefit eerperatiaa
2. .".a empleyee er a§'eat \¡here the empleyee' s er a~eat' s
compeasatioa coasists eatirely ef fixed wa~es er salary;
~~. A landlord or tenant of an entity contracting with
the City of Federal Way; or,
4J.. A holder of less than one percent Dll of the shares
of, or ownership 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 Councilmember or City employee to take any
action which financially benefits the Councilmember by or
through the interest.
II. Transastisns With the City Partieipatieft ill aay
praceedia~, applieatiea, submissiea, re~uest fer rulia~ er
other detel1lliaatiea, ceatract, claim, ease, sr ether such
particular matter ia \fflich a city Empleyee er fermer City
Employee Believes, or has rcaseft te believc:
1.
Is, er \;ill be, the subj eat ef City aetiea 1 or
Is aae te \;hich the City is er "ill be a party; er
2.
RES # 94-188
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RES #
3.
Is elle ill \.'hieh the City has
Duestalltial preprietary illterest.
àireet
allà
a
~ Manaaer - The individual who has been appointed the
citv Manaqer of the city of Federal Wav bv the Federal Wav
city Council.
section 4.
Conflict of Interest.
A. Conflict of Interest. 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 performance of official duties. Examples of conflicts,
or potential conflicts of interest include but are not
necessarily limited to, circumstances where the Councilmember,
Manage or employee:
1.
Influences the selection or non-selection of or the
conduct of business between the city and any entity
when the Councilmember, 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 Councilmember, 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 for other
thing of value which is contingent upon a specific
action or non-action by the city Council, City
Manager or employee.
4.
Accepts a gift in any manner other than as defined
in section 2D.
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. Financial rnterest Restrictions. 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.
94-188 , Page 3
C. Remote Interest Restrictions. 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 a
vote sufficient for the purpose without counting the vote of
the Councilmember having the remote interest.
.!h.
Restrictions After Leavina city.
(1) For one (1) vear after leavina the ci tv. a
Councilmember. the Manaaer or an emplovee mav not hold or
acquire a financial interest. direct or indirect.
personallv or throuah their familv. in anv contract made
bv. throuah. or under their supervision. or accept.
directlv or indirectly. anv compensation. aratuity. or
reward from anv person interested in such a contract or
transaction.
(2) For one (1) vear after leavina the ci tv. a
Councilmember. the Manaaer or an emplovee mav not (a)
assist anvone in proceedinas involvina the citv where
such Councilmember. Manaaer or emplovee worked or on a
matter in which thev were officiallv involved in the
course of their duties: (b) represent anv private person
as an advocate on a matter in which thev were involved:
or (c) compete for a citv contract when thev were
involved in determinina the scope of work or the
selection process. A Councilmember. the Manaaer or an
emplovee mav never disclose or use the citv's privileaed
or proprietary information except to perform official
duties.
section 2. 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 1st day of November , 1994.
CITY OF FEDERAL WAY
~~Y é!~
ANEY, CMC
94-188
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APPROVED AS TO FORM:
'C~I K. LIN::;::'
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-188
October 25,1994
November 1,1994
RES\ETHICS.3
RES # 94-188
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