Loading...
HomeMy WebLinkAboutORD 2586 _ • - - r w .. � ��.r -�• : '., .. I i „ ..,. • �r���-�1 $c� 'j�/7� � � . � � �,-�,-1��d ��� �, � s . . � s, s, sr s� ORDINANCE NO. c��� I � I� AN ORDINAi�CE OF THE CITY OF RENTON WASHINGTON, I ' RELATING TO THE CONDUCT OF PUBLIC OFFICIALS , ESTABLISHING A CODE OF �THICS; PROVIDING F4R THE CREATION. OF A BOARD 4F ETHICS , PRE5CRIBING i ITS POWERS AND DUTIES , PROVIDING FOR CERTAIN ' PENALTIES , AND REPEALING ANY AND ALL ORDTNANCES IN CQNFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY flF RENTQN , y�dASHINGT�N, AS FOLLOWS : Sec�ion l. Declaration af Purpose. It is hereby recognized and es�ablished that high moral and ethical standards amang City officia3s are vital and essential ta provide unbiased, open and honest eanduct within all phases and levels of gavernment ; that a Cade of Ethics is a helpful aid in guiding City officials and to eliminate actual conflicts of interes� in public office and to improve and elevate standards of pubiic service so as -�o promote and streng�hen the confidence , faith and trust af the people of the City of Rentan in �heir local governmen-�. Section 2. Definitians . For �he purpose af this Ordinance: I a. "Public official" means alI af the elected City officials , together with all appainted officers including th�zr deputies and assistan�ts of such . a� officer who determir� or are autharized to determir� policy making decisions within their respective department or office , including appointive members of all muna.cipal boards , commiss.i.ons or agencies and whose appointment has been made by the Mayor and canfarmed b� the City Couneil. b. "Candidate" means any individual who deelares himself to be a candidate for an elective: affice I and who, if elected there�o , would meefi the I definition of a public afficial hereinabove set forth. I c. "Cantract" shall include any contract or agreement , I sale, lease, purehase, ar any eombination of the foregoing.. d. "Contracting Party" shall mean and inc].ude any person, partnership , association, cooperative , corpora-�ion, whether for prafit or otherwise , or other business entity which is a party to a contract with a municipal.ity. _ 1 _ � I� ' , . � ' r • _� � . ' . . � . , • e. "Compensatinn'� means anything of economic value, . however designated, which is paid, loaned , advanced, granted , transferred , or to be paid, loaned, advanced, granted or transferred for or in consideration of personal services to any person. Section 3 . Statement of Expense, of Candida�te. Primary Election. Every candidate for nomination at a primary election within the City of Renton, shall , within ten (10) days after the day of holding sueh primary election at which he is a candidate, file an itemized statement in writing , duly sworn to as to its correctness ; with the officer with whom his declaration af eandidacy or the nomination paper is filed , setting forth each sum of money and thing of va�ue , or any consideratian whatever, contributed, paid, advanced, promised or rendered �o him or furnished or given to others for the benefit of such candidate and with his knowledge or aequieseence for the purpose of securin�g or influencing, or in any way affecting his nomination to said office. Such statement shall set forth in detail the sums or other considerations so p�id to him, together with the name and �ddress of the donor, and such statement shall also set forth the sums disbursed or expended as personal. �,� expenses , stating fu11y the nature , kind and character of the expense - r for which such sums were expended separa�ely , including the name and address of the payee and the purpose for each such disbursement. Sueh statement shall likewise include any sum or other consideration as hereinabove stated, prom�.sed bu� not yet paid or rec�ived. In the everit any such payments , services or other thing of value a� mad� to other persons on behalf of or for the benef�.t af such candidate , then any such informa�ion, when asc�;rtainable, shall be furnished to such carididate and be included in any such s�a�ement or report. Cash eontributions , services , or any�hing els� af value amounting to Twenty �'ive Dollars ($25 . 00) or 1�ss are exempt from the provision of this Sec�ion in requ3.r5.ng the repotyting of such individ7xa.l contributions or services; PR(NIDED HUWEE`n"ER that e�e�y such c�ndida�e sha]1 report the full �.nd total amount of a1,1 contributionsj services or a.�hing else of v�lue contribut�d or paid to hi.m nr on his beha].f� whether such individual amount is �renty F`ive Dollars ($25.00) or less or i.n e�ocess ther�of. _2.. I . • . �" _` , . . � � , . . Gezieral E�ection, The provisions of the immediately preceding prargraph governing Primaa.�y Election shall likewa.se apply to any General Elec�ion vri�hin the City of Renton and every �uch candidate , whether he is successful or not , shall file �uch statement ar repor� as hereinabove set forth , and such .�i].ing to be made w�.thin ten (10 ) days after the day of ho�.ding the Gener�l •El.ection at which he is a candidate . Each such candidate is further requ�.red to file supple- mentary statements cont�inin� in equal detail any addi-tional contri- butions of whatever type or na-�ure in excess of Twenty Five Dollars ($25 . 00 ) , including but no�t limiting it td proceeds from any fund- raising dinners , mee�i.ngs , par�ies or like arr�ngemen�ts , urhe�her conducted prior or subsequent tn any such �lection , and such supplemental s�a�ements to be filed no�t 1.ater than nin�ty (90) days after such General Elec-�ion. �ach such statement as herein�bove defined rahen so filed shall immed�.ately be 5ubjec-� to the inspection and examination of any elector and shall be and become a par� of the public records of the City of Renton. Any vio].ation of this Section sha�.l be and constitute a misdemeanr�r and shall be punishable as hereinafter set forth. �ection 4. No public offici.al sh�11 receive , accept , �ake , seek, or solioit , direc`tly c�r indirec�tly , anything of economic v�1ue as a gift, gratuity , ar f�vnr , from any per�on if s�ach public official has reason �Co l�elieve �he donor �aou�.ci nc�t �ra.nt ar �ive such gif� , gratuity, or favdr , but �or such public officia]_' s offi.ce or position within the Ci�y of Ren�on. No publ�ic offi.cial sha].�. receiv�: , accc:i�t , �ak� , seek , nr 5o�.i�i� , whe�her dyr��tl.y or i�nclirectl.y , anythixx� o� �conomic value a� � gift , gra�tzi�y , nr favor , tr-�om .�.n� ��:r�t�n ��� �`rc�m any of�ice.r w .� _ or director df such person if such public official has reason to believe such person: a. has , or is seeking to obtain contractual or other business or financial relationship with the City of Renton; or b. conducts operations or activities which are regulated by the City Council , its committees or any Board or Commission of the City of Renton; or c, has interests which may be substantially affected - by such public official' s performance or non- performance of his or her official duty. Section 5 . In�erest in Contracts Prohibited - Exceptions. No public official shall be beneficially interested , direetly or indirectly, in any contract which may be made by, through, or under th� supervision or direction of such public official , in whole or in substantial part , or which may be made for the benefit of his office , or aecept , directly or indirectly , any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42. 23 . 030 which are incorporated herein as if fully set forth. Remote Interest. A public official shall not be deemed to be interested in a contract as specified in the immediately � preceding paragraph if he has only a remote irtterest in the contract and if the faet and extent of such interest is disclosed to the governing body of the City of Renton of which he is a membe� and noted in the official minutes or similar records of the City prior to the consummation of the contract, and thereafter the governing body authorizes , approves or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the public official having a remote interest therein. - 4 - , }� . . . . �1 1�� As used in this Section Remote Interes � mear�s : a. That of a non-salaried o.f.ficc�r. qf a n�n�-profit corporation; b. That of an employee or agent oi coni.ractin� party where the compensation of such employPe �r a�ent consists e:��irely of fixed wa�es or sal��.i�y; c. That of the landlord or tenant of �. co��:rac�ins; P�i��Y� d. That of a holder of less �han one �ercent (1�) •:�� thP shares of a corporatinn oz� cooperative ��hich is a contracting party ; None o� �he provisions of this Section shall be appli.ca�l� to ai�y public official interested in a contract , though his �_nteres�t be only i remotP as hereinabove defined, who inf]_uences or attempts to in.fl_uence , ' any other public official of the City of which he is an officer_ ta enter into such contract. Any contract made in violation of t�,e a.bove provisians shall be void and as otherwise provided in RCW 42 . 23 < 050 a.nd the provisions thereof being expressly incorporated herein as if fully set forth. � Section 6 . Incompatible Service -- Confidential Informa�tion. No elected public official sh�.J_1 engage in or accept private employment or render services for any person or engage in any business or professinnal activity when such employment , service or activity .is incompatible with the proper and faithful discharge of his official duties as such elected official , or when it would require or induce him to disclose confidential information acquired by him by reason of his official position. No such official shall disclose confidentia,'1 information gained by reason of his official position, nor shall he otherwise use such information for his personal gain or benefit. , tt 1 S _ 5 _ �i i� S t � � Section 7 . Personal - Private In��ez���st;� . Every e]_ected public c:�ficia� who haU ��. ii,x��n�ia.l �:� other private or personal interest in an�= ordinan.c� ; r�,.�w�lutio��s �:�r,n-tr:�ct , �roce�ding, or other action pending befor.e the Ci-L-y C:euncil c}� ��n� � of its committees , shall promptly disclose aucr� ini.ere>t at -k�l�� first public meeting when such ma-tter is beir�g cons:id.:�.J.,�c3 by t�ie CW_T, �ouncil , on the records of the official Cotinci.l Min�.te� � ����e ratia��e arzc� ?xten.�f of such p�rsonal or private interest and s�.rne sh�.1:1 t�e �.ncorp�r�.t�d in the oi ficial Minutes c�f the Cii:y Counci.�l. procti�eda_ .r.�� m Su.ch disclosure shall include but not be lim.ited �ta the foilowing informatinn which shall be �ubmitted in writin� by such. courlcilman 9 sw�rn to ur�der penalty of perjury , to-wit : a. The name and address of� any private busin�ss corporation, firm or enterpri.se a.fF�cted by such cotzncilmanic acti�n of whi<�h -ttie Cc�unai_lman or other elected public officia_l a.�s �r ha.� l.�eAn during the precPding twA7.ve (,1.2) months a shareholder, bonc� hol�er, secured credito.r9 partner, join� er�trepr�neur oz� sole proprietor, when- ever the total ��alu? of his i.ndivic1tzal nr undivaded legal and ec�ui�table financial interest therein is and at any time during the prec�ding twelve (12) months has been in exc�ss of Fifteen Hundred Dollars ($1500 . 00) . b. The name o� any such private business ar corporatior., firm or enterprise of� which such ele�l:ed. public official �or his relatives are or have been du��irig the preceding twelve (12 ) months as officer, director, partner, attornPy , agent , or employee9 who9 for services ren�ered during such preceding twelva (12) months or to be rendered in any such capacity , has received or has been promised compensation in excess of Fifteen Hundred Dollars ($1500 . 00 ) e c. Every office or directorship held by such elected public official or his spouse in any corporation, partnership , sole proprietorship or like business enterprise , which conducts its business activities within the boundaries of the Renton School District and which is subject to any regulation or control by the City of. Renton , and from which such elected public official has received compensation or has been promised compensation during the preceding twelve (12) months period in excess of Fifteen Hundred Dollars ($1500 . 00) , or services � �:or any other thing of value in excess of said amount. d. A list containing a correct legal description of any and all real property located within the City Limits of Renton in which any such elected public official has any interest whatsoever, as owner, purchaeer, optionee , optionor , or any other proprietory interest , � acquired during the preceding twelve (12 ) months . period whenever such proprietory interest is in excess I � of Fifteen Hundred Dollars ($1500 . 00) • This subsection shall not apply to the residence home of such official. � - 6 - , ; , , . ' � , . � The for��oin� provisions shall not apply to policies of life in�urance i�sued to sueh public official or his spouse or menbers o.i hi� family , accounts in any commercial bank , savings and loan association or eredit unions , or similar financial institut�.ons subject to regulation by the State of Washington or any other governmental �g;ency having juri�diction thereover. Any such Plec�ed g�ublic official who is disqual.ified by reason of such personal , private or simil.ar conflict of xnt�erest in any matter as herein�.bove defined , sha11. , after having ma�e �he required disclosure as herein set forth, remave hims�lf from his customary seat during such deba�Ce and , by permission of the p�esiding officer, leave the Council chamber until such time as the matter a-k hanci, from which such pub�.ic nffic�.al has been disqualif;_ed, has been disposed of in the regular course of business. Sec�tion 8 . Board o�' ��hic� . There is hereby e��ab].ished a Board of �thics composed of. five (5) members , al1 of whom shal�. be residents within the boundaries of the Renton Sehool Distric� , and �11. of such members shall be appointed by the Mayar subject -�o confirmation by �he Ci-ty Councile Such members of the Board sha11 be nomina�ted from a list submitted by the following bodi�s or organ�za�rions and each surh list to contain the names and �deires�es of three (3) c��.ndidates , to�-wit :. a� From the Board of Dix�ectors of �he Renton School District No. 40� con�aining the names of three (3i members of such Board. b. From �he �a�rd of Direc�ors of �he Greater Ren�on Chamb�r of Commerce eontaining the names of three t3) members of such, Board. � c� From th� Board o�' '�rus�ees of the �tenton Minis-cerial Association cnnt�ining the names of three (3) members of sueh Association, but if there is no such association� then the name or names of at�,y minister or manisters whose r�ame znay be submitted by any elector of the City of Ren-ton. - 7 - � � . ,. •. . d. From the Board of Trustees of the Renton League of Women Voters , containing the nam�s of three C3) members of such Board. e. From the Executive Board of the Kirlg Countsj Labor Council , containing the names of three (3) members I of such Board. After the submission of such lists of candidat�s �s hereinabove specified, the Mayor shall nominate five (5) membe�^s to the Board of Ethics within thirty (30) days after receipt of the names of such candidates , and if for any reason ��he P�Iayor fails ��v neglects to make such appointment , then the City Co��ncil, on its own motion and by the vote of one more than a majority, may make sizch appointments . The terms of the members of the Board shall be four C4) years , provided that the first five (5) members of the �oard so nominated shall serve for staggered terms of one , two, three, four and five years respectively , and the appointing authority shall designate the term of each such member at the time of such appointment�. Members shall serve for their designated terms and until their successors are appointed and qualified. Appointments of successors and appointments to fill vacancies in office shall be . made in the same manner as the appointment of the preceding incwnbent. Each such appointment shall be effective upon the filing of a copy thereaf in the office of the City Clerk. • The Board shall convene and hold its first business ' meeting not more than thirty (30 ) days after appointments are completed as specified in this ordinance. At its first such meeting � the Board shall select .a chairman and a secretary b� a majority vote ' of its members. The chairmari shall serve for a. .per�od_ of one (1) year� and until his successor is appointed in the• sam� manner�-. i Members of the Board shall be reimbursed for their actua3. I expenses incurred in connection with Board business at the s,ame� rate _ g _ � � ; '. • . . • • , as provided by law for City o��f�_cials g,enerally. The Board shall meet as frequently as it deem� rLecess�y but not less frequently �han twice in each calendar yAa:��e Sp�^.i��. Board meetings may be called at any time by three (3) of its xne�r..��r�. , A majority of the Board shall constitute a quorum. � Section 9 . Powers of the Board of Ethics. The Board of Ethics shall have , among others , the f�l���ang powers : a. To prepare additional and supplementary rules ��.d. regulations reasonably necessary to implem�nt -}:�ii� ordinance and to establish procedures for hearin�� and investigations in complia.nce with app�.icabZF law. b. To investigat.e , on the basis of informati.on receive� in writing, from any source , or on the Bo�.rd's own motion, suspected or alleged violations of ax�y provisions of 1-.�is_.ordinance. Tn the �Qurs.e �f i�� investigation, the Bo�rd may .require any public official or request any other person to appear before the Board, to give information under oath, and to produce books , memoranda, papers , dacumen.ts , financial statements , receipts , cancelled checks or any other relevant information or data in �he possession, custody or control of the person ordered or requested to so appear. Whenever the attendance of any public official is required at such hearing, the Board shall issue an order setting forth the time and place when such attendance is required and shall cause such notice to be delivered in person to such public official or by registered mail to such official at least fifteen C15) days prior to the date fixed for attendance. Other witnesses shall likewise be served with such written order at least fifteen (15 ) days prior to any such date of hearing , or may be subpoenaetito the ' extent permitted by law. c. Whenever the conduct of any public official is under investigation for any alleged violations under the provision of this ordinance , such public official shall receive appropriate notice in writing .from the Board at least thirty (30) days prior to any� such hearing, and any such public official shall be entitled to be present , to examine and cross-examine witnesses , to be represented by counsel and to call witnesses on his own behalf. Any such hearing shall - 9 - ; ,�. `I ^`�. r , . . , � . . . - � .� . . �, .. be open to the public or, at the request of the person under investigation, may be held in private , provided, however, that a full and complete transcript of such hearing shall be made and retained as a matter of record. Al1 of such hParings of the Board shall be conducted within the City of Renton. d. Furthermore , in the discretion of the Board, and whether requested by the public official under investigation or not , any such hearing may be helci in closed or private sessi�on in order to protect the rights and reputation of persons whos.e conduct may be unjustly attacked or criticized. e. Upon the conclusion of such hearing, the Board shall make a record of its findings in writing. A copy of such record shall be transmitted to the City Clerk, the City Attorney, the Mayor, and ' the public official involved. In the event the , B i isclose an a arent violation oard s f ndings d pp of any State law, .a copy of such findings shall also be filed with the rrosecuting Attorney of King County forthwith. f. If the findings of the Board disclose an apparerat violation of any provision of thi�s ordinance, then the City Attorney shall proSecu�a��ropriate action of either a criminal or civil nature in order to effectuate the purposes of this ordinance. . The Board ma from time to time on its own motion g Y > > or at the request of any public official, render advisory opinions with respect to the application of this ordinance, or alternately request the City Attorney to render such an opinion in writing. Section 10 . Board' s Findings Public - Exceptions . The record of the Board' s written findings shall be open to public inspection unless such disclosure is inconsistent with other provisions of law or this ordinance and further providing that the Board of Ethics , in the conduct of any hearing or proceedings within its power, may make reasonable orders necessary for the protection of individuals who may be unjustly or improperly accused or who may disproportionately harmed or injured in their reputation, �mployment or profession by any premature disclosure ; fur.thermore, ► i ins ection Board s such findin s shall not be o en to ubl c Ghe g p p P - 10 - � � ; . �A `•`'` • ♦ t pending the initiation of .civil or criminal action by the City of Renton or any other governmental agency having jurisdiction thereovs_,�:o Section 11. False Charge of Misconduct. Any person who shall file with or report to the Board of Ethics a charge of misconduct on the part of any public official or other person encompassed within the definition of this ordinance, knowing such charge to be false or to have been recklessly made without any reasonable attempt to determine relevant facts and circumstances , shall be guilty of a misdemeanor and shall be punished as hereinafter set forth. Section 12 . Penalty. Any person who willfully , knowingly and intentionally violates any provisions of this ordinance , shall be guilty of a misdemeanor and shall , upon conviction thereof, be fined in a sum not exceeding Five Hundred Dollars ($500. 00) or be committed to jail for a period not exceeding ninety (90 ) days , or be penalized by both such fine and imprisonment; in addition to the foregoing, any public official found guilty of any violation of this ordinance shall forfeit any right to his office , whether elective or appointive , as may be determined by the court at the time sentence is imposed upon such public official. � 11 - ' . . . . . l _� , .. Section 13 . Separability Clause . e clause hrase or If any Section, Subsection, sentenc , , p portion of this Ordinance is for any reason held invalid or unconstituiional by any Court of competent jurisdiction, such portion shall be deemed a separate , distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 14. This Ordinance shall be in full force and effect ' from and after its passage , approval and legal publication. PASSED BY THE CITY COUNCIL this���h day of September, 1�70. /,�i��� <Z� � Helmie Nelson, City C1.�rk ` APPROVED BY THE MAYOR this�;t�day of September, 1970. Appr d as to for : Avery Garr t , Mayo�.r �� ��� � �er�ard M. 5hellan, City Attorney Date of Publication: ��T ���0 - 12 - �