HomeMy WebLinkAboutCommittee of the Whole - 05 Aug 2024 - Agenda - Pdf
CITY OF RENTON
AGENDA - Committee of the Whole Meeting
5:45 PM - Monday, August 5, 2024
7th Floor Conferencing Center
1. COUNCIL STANDARDS AND ETHICS
a) Presentation
Council Standards and Ethics
An Overview for City of Renton Councilmembers
August 5, 2024
Committee of the Whole
Presentation by: Shane Moloney, City Attorney
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Purpose of Presentation
•To provide a broad background of current laws and rules to facilitate
discussion, feedback, and guide future decisions
•This presentation does not contain staff proposals for new policies or laws
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What Are Ethics?
•Ethics are norms for conduct that distinguish between acceptable and
unacceptable behavior.
•Ethics can be established:
•By law (Code of Ethics and all laws)
•By agreement (e.g. Council Rules)
•By societal pressures and expectations (e.g. voter influence)
•By one’s religion or sense of morality
•By professional standards
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Code of Ethics
Established by Law
•Enforced primarily through courts
•Misdemeanors and felonies (e.g. Disclosure of Confidential Information, Intentional
Destruction of Records, Acceptance of Gifts, violation of most laws involving official
acts)
•Civil Penalties and Attorneys’ Fee Awards (e.g. Discrimination, OPMA and PRA
violations)
•Invalidation of Transaction (e.g. OPMA Violations, Gift of Funds, Self Interested
Contract, Special Privileges)
•Forfeiture of Office/Recall (e.g. Unexcused Absences, Violations of law/Malfeasance)
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Examples of Laws
•Financial and Personal Interest disclosures –RMC 1-6-3, RMC 1-6-7, and
RCW 42.17A
•Acceptance of Gifts/Compensation –RMC 1-6-4 and RCW 42.23.070
•Giving special privileges or exemptions -RCW 42.23.070
•Interest in Contracts Prohibited –RMC 1-6-5 and RCW 42.23.030
•Incompatible Service; Confidential Information –RMC 1-6-6 and RCW
42.23.070
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Examples of Laws
•Use of public office or facilities in campaigns–RCW 42.17A.555
•Delegation of authority for profit / False statements / Violations of law
governing official conduct–RCW 42.20
•Public Records Act –RCW 42.56
•Open Public Meetings Act –RCW 42.30
•Appearance of Fairness Doctrine –RCW 42.36
•Records Retention/Destruction –RCW 40.14 and RCW 40.16
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Examples of Laws
•Washington Laws Against Discrimination –RCW 49.60
•Prohibition of Gift of Public Funds –Washington State Constitution Article
8, Section 5 and Section 7
•Local Government Whistleblower Protection –RCW 42.41 and Policy 300-
51
•First Amendment / Free Speech
•Fifth Amendment / Due Process
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Code of Ethics
Established by Rule / Agreement
•800 Series Policies -Enforced by Council
•No Express Sanctions
•Roberts Rules (censure, point of order, potentially remove from committees or other
privileges)
•Most designed to ensure compliance with laws, which have their own sanctions
•Defines Authority/Roles of Councilmembers (also limited by laws)AG
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Ethics Topics –Legislative Policies
•Policy 800-04: Procedures for councilmember correspondence designed to
comply with records retention laws, the Public Records Act, and established
processes for referrals to committee, and councilmembers not speaking on
behalf of the Council
•Policy 800-05: Council committee/boards –limits on public testimony to
comply with OPMA, limits actions to matters referred by Council, for
regional assignments, requires appointees make clear when then are stating
personal positions, rather than the position of the City
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Ethics Topics –Legislative Policies
Policy 800-06 Rules of Debate and Decorum in Council Meetings:
•4.2 –remaining impartial until all information received
•4.3 –avoiding private meetings with proponents and opponents of land use proposals or hearings
•4.4 –requirement to vote unless disqualified by conflict
•4.9.1 –requirement to preserve decorum and keep discussion to relevant matters
•4.9.3 –Rules of decorum for public addressing council and enforcement of rules
•6.1.1 –Prohibits abusive language, personal attacks, and impugning the integrity/motives of
Council/administration
•6.1.2 –Requires recognition to speak unless making a point or order or personal privilege
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Ethics Topics –Legislative Policies
Policy 800-08 Lobbying:
•4.1 –No testimony or statement may be in conflict with formally adopted Council action when acting
on behalf of the City
•4.2 –Requirement for report to Council of public testimony if provided without formal action of the
Council
•4.3 –Personal statements/positions should be made without representation of being a Renton elected
official, and if that information is recognized, disclaimers are required
•6.1 –Requirement to report lobbying expenditures
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Ethics Topics –Legislative Policies
Policy 800-09 Requests for Staff Assistance:
•Defines roles between Council and Administration
•Contemplates “substantial requests” be made in writing and directed to the Mayor’s Office
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POTENTIAL FUTURE TOPICS
•Training on existing laws or polices
•Expansion/Amendment of current laws or policies
•E.g. add legal restrictions on use of City property for personal gain (an administrative policy exists for employees)
•Further clarification of Councilmember’s authority to act or speak on behalf of the City
•E.g. when do councilmembers speak on behalf of/in the interest of the City/Council on social media or other
communications? (first amendment and PRA implications)
•Establish complaint and administrative investigation process
•Hearing examiner
•Council hearing
•Outside Ethics Officer and/or Board
•Outside independent legal counsel
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