RES NO. 2019-26 UPDATING THE CITY’S ETHICS PROGRAM (2)RESOLUTION NO. 2019-26
A RESOLUTION of the City Council of Bainbridge Island,
Washington, amending the ethics program for the City of
Bainbridge Island in accordance with Chapter 2.07 BIMC.
WHEREAS, Chapter 2.07 BIMC provides that the City Council shall establish,
by resolution or ordinance, an ethics program for the City of Bainbridge Island; and
WHEREAS, on May 10, 2006, the City Council passed Resolution No. 2006-25,
adopting an ethics program for the City of Bainbridge Island; and
WHEREAS, the City Council has previously amended the ethics program
through the passage of Resolution Nos. 2011-07, 2011-13, 2012-11, and 2018-10; and
WHEREAS, in 2019, the City Council thoroughly considered the City's ethics
program, including discussions held during the May 28, July 2, July 23, August 6, August
20, September 17, October 22, and November 26, 2019 Council meetings; and
WHEREAS, the Ethics Board has reviewed and provided input to the City
Council on proposed changes to the City's ethics program; and
WHEREAS, the City Council desires to update the City's ethics program and to
provide a delayed effective date for the revised ethics program to give City staff and the
Ethics Board time to update operating rules, forms, and training materials, as needed, to
conform with and implement the revised ethics program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS:
Section 1. Repeal and Replacement of Ethics Program. The ethics program
adopted by Resolution No. 2018-10 is hereby repealed in its entirety and replaced as
shown on Exhibit A, which is attached hereto and incorporated herein by this reference
as if set forth in full.
Section 2. Direction to Ethics Board. The Ethics Board shall not, without
Council approval, consider any complaint, request for advisory opinion, or request for
waiver until Section 1 of this resolution takes effect. The Ethics Board is directed to
revise its operating rules, forms, and training materials, as needed, to conform with the
Code of Conduct and Ethics Program included as Exhibit A to this resolution.
Section 3. Effective Date. Section 1 of this resolution shall take effect and be in
force on February 1, 2020. Section 2 of this resolution shall take effect and be in force
immediately upon passage.
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PASSED by the City Council this 26th day of November, 2019.
APPROVED by the Mayor this 26th day of November, 2019.
By:
Kol Medina, Mayor
ATTEST/AUTHENTICATE:
a
By:
Christine Brown, CM ity Clerk
FILED WITH THE CITY CLERK: October 18, 2019
PASSED BY THE CITY COUNCIL: November 26, 2019
RESOLUTION NO. 2019-26
Exhibit A: Code of Conduct and Ethics Program
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Exhibit A
Code of Conduct and Ethics Program
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CITY OF BAINBRIDGE ISLAND
CODE OF CONDUCT AND ETHICS PROGRAM
Resolution No. 2019-26
Effective Date: February 1, 2020
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TABLE OF CONTENTS
Introduction....................................... .............................................................................................3
ARTICLEI CODE OF CONDUCT...................................................................................................
4
A.
Preamble.................................................................................:......................................................
4
B.
Core Values....................................................................................................................................
4
C.
Ethics Principles............................................................................................................................4
ARTICLEII - CODE OF ETHICS.........................................................................................................
6
A.
Gifts and Compensation..............................................................................................................
6
B.
Use of City Property by Councilmembers................................................................................
7
C.
Confidentiality..............................................................................................................................
7
D.
Conflict of Interest - General......................................................................................................
7
E.
Conflict of interest - After Leaving Elected City Office..........................................................
9
F.
Conflict of Interest - Members of City Committees or Commissions ...................................
9
G.
Conflict of Interest - Family Members of Councilmembers...................................................
9
H.
Conflict of Interest - Contractors..............................................................................................10
I.
Conflict of Interest - Individuals Serving on City Committees and Commissions ..........10
J.
Conduct of Public Meetings......................................................................................................10
K.
Conflict of Interest - Individuals Serving on the Ethics Board............................................10
ARTICLE III - SUBMISSION AND REVIEW OF ETHICS COMPLAINTS,
REQUESTS FOR WAIVERS, AND REQUESTS FOR ADVISORY OPINIONS .......................
11
A.
Submission of Ethics Complaints.............................................................................................11
B.
Review of Article I Complaints.................................................................................................11
C.
Review of Article II Complaints...............................................................................................13
D.
Review of Complaints Concerning City Employees.............................................................15
E.
Requests for Advisory Opinions..............................................................................................16
F.
Waivers...........................................—..........................................................................................17
G.
Effect of Advisory Opinion or Waiver................................................................................
ARTICLE IV - HEARING EXAMINER REVIEW AND POSSIBLE SANCTIONS ..................18
A.
Hearing Examiner Review of Article II Complaints..............................................................18
B.
Action by City Council upon Hearing Examiner's Findings and Conclusion...................19
ARTICLEV - ETHICS BOARD...........................................................................................................
20
A.
Creation, Terms, and Appointments.......................................................................................
20
B.
Training Provided by the Ethics Board...................................................................................
21
C.
Training Provided to the Ethics Board....................................................................................
22
D.
Annual Report.............................................................................................................................
22
ARTICLEVI - DEFINITIONS.............................................................................................................
23
ARTICLE VII - CITY COUNCIL REVIEW OF CODE OF CONDUCT AND
ETHICSPROGRAM..............................................................................................................................
26
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CITY OF BAINBRIDGE ISLAND
CODE OF CONDUCT AND ETHICS PROGRAM
All those associated with City government, including Councilmembers and members of City
Committees and Commissions, seek to earn and maintain the public's confidence in the City's
services and the public's trust in its government. To this end, the decisions and work of those
associated with City government must meet the highest ethical standards. It is therefore the
purpose of this program to:
1. Articulate the Code of Conduct that will guide the conduct of Councilmembers and
members of City Committees and Commissions;
2. Establish a Code of Ethics for Councilmembers and members of City Committees and
Commissions;
3. Provide training for Councilmembers and members of City Committees and
Commissions on the Code of Conduct and the Code of Ethics;
4. Establish a system that enables individuals, Councilmembers, and members of City
Committees and Commissions to seek guidance and assistance regarding possible violations
of the Code of Conduct or of the Code of Ethics;
5. Provide a process to review possible violations of the Code of Conduct and of the Code
of Ethics by Councilmembers and members of City Committees and Commissions; and
6. Maintain an Ethics Board to assist with the administration of the program.
This Code of Conduct and Ethics Program is intended to supplement state and federal law. As
such, Councilmembers and members of City Committees and Commissions shall comply with all
state and federal laws in the performance of their public duties. These laws include, but are not
limited to, the following: the United States and Washington Constitutions; Chapter 42.23 RCW;
and Chapter 42.17A RCW.
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ARTICLE I -
CODE OF CONDUCT
A. Preamble
The City of Bainbridge Island has adopted this Code of Conduct, which consists of the Core
Values and Ethics Principles detailed below, to promote and maintain the highest standards of
personal and professional conduct among City Councilmembers and members of City
Committees and Commissions. The optimal operation of democratic government requires that
the City's government be fair and accountable to the people it serves. This Code of Conduct
articulated in Article I applies to Councilmembers and members of City Committees and
Commissions.
B. Core Values
1. Service, Helpfulness, Innovation
We are committed to providing service to the people of Bainbridge Island and to each other
that is courteous, cost effective, and continuously improving.
2. Integrity
We treat one another with honesty and integrity, recognizing that trust is hard won and
easily lost. We pledge to promote balanced, consistent, and lawful policies and directives, in
keeping with that integrity and the highest standards of this community.
3. Equality, Fairness, Mutual Respect
We pledge to act with the standard of fairness and impartiality in the application of policies
and directives and that of equality and mutual respect with regard to interpersonal conduct.
4. Responsibility, Stewardship, Recognition
We accept our responsibility for the stewardship of public resources, and our accountability
for the results of our efforts, and we pledge to give recognition for exemplary work.
C. Ethics Principles
1. Obligations to the Public
Following the highest standards of public service, Councilmembers and members of City
Committees and Commissions act to promote the public good and preserve the public's
trust. In practice, this principle looks like transparency and honesty in all public statements
and written communications.
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2. Obligations to Others
In order to sustain a culture of ethical integrity, Councilmembers and members of City
Committees and Commissions treat each other and the public with respect and are guided by
applicable codes of ethics. In practice, this principle looks like:
a. Councilmembers and members of City Committees and Commissions shall
familiarize themselves with the ethical rules governing them (including Chapter 42.23
RCW and this Ethics Program) and obtain periodic education regarding such rules.
b. Councilmembers and members of City Committees and Commissions shall, in all
their interactions, conduct themselves in a manner that demonstrates civility and respect
for others.
3. Obligations Regarding the Use of Public Resources
In recognition of the importance of stewardship, Councilmembers and members of City
Committees and Commissions use and allocate public monies, property, and other resources
in a responsible manner that takes into consideration both present and future needs of the
community. In practice, this principle looks like:
a. Councilmembers and members of City Committees and Commissions shall, to
the extent possible, seek guidance regarding the use of public resources from staff and
other experts, including legal advice from the City Attorney as appropriate, in order to
ensure that public resources are used and conserved for the public good.
b. Councilmembers and members of City Committees and Commissions shall
ensure that paid experts and consultants who provide guidance regarding the use of
public resources shall be impartial and free of conflicts of interest.
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ARTICLE II -
CODE OF ETHICS
Except where specifically stated, the rules articulated in Article II apply to Councilmembers and
individuals serving on City Committees and Commissions.
A. Gifts and Compensation
1. Limitations on City -Related Gifts and Outside Compensation
Except as permitted under Subsections (2) and (3) below, no Councilmember or member of
a City Committee or Commission, or any member of their immediate families, shall,
directly or indirectly, accept any gift (as defined below) for a matter connected with or
related to their services or duties with the City of Bainbridge Island or accept any non -City
compensation for the performance or non-performance of those services or duties.
2. Exceptions to Gift Limitations
The following are exceptions to the limitation on gifts and may be accepted by those subject
to Subsection (1) above:
a. Unsolicited items of trivial value. "Items of trivial value" means items or services
with a value of fifty dollars ($50.00) or less, such as promotional t -shirts, pens, calendars,
books, or other similar items.
b. Gifts from other City officers, officials, or employees, or their family members on
appropriate occasions.
C. Gifts appropriate to the occasion and reasonable and customary in light of a
familial, social, or official relationship of the giver and recipient, such as weddings,
funerals, illnesses, holidays, and ground -breaking ceremonies.
d. Campaign contributions as permitted and reported in accordance with law.
e. Awards that are publicly presented by a nonprofit organization in recognition
for public service if the award is not extraordinary when viewed in light of the position
held by the recipient.
f. Gifts offered while visiting other cities, counties, states, or countries or hosting
visitors from other cities, counties, states, or countries, when it would be a breach of
protocol to refuse the gift, provided that any such gifts received shall become property
of the City.
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g. Reasonable and necessary costs to attend a conference or meeting that is directly
related to the official or ceremonial duties of the Councilmember or member of a City
Committee or Commission, provided that any payment of substantial travel or lodging
expenses by any person or entity regulated by the City or doing or seeking to do
business with the City must be approved in advance by the Mayor or, if the Mayor is the
recipient, by the Deputy Mayor or the Mayor Pro Tem.
3. Immediate Family Gift Exception
It shall not be a violation of this section for a member of a Councilmember's or a member of
a City Committee or Commissions immediate family to accept a gift which arises from an
independent relationship, if the Councilmember or member of a City Committee or
Commission does not significantly benefit from the gift, and it cannot reasonably be
inferred that the gift was intended to influence the Councilmember or member of a City
Committee or Commission in the performance of their duties.
B. Use of City Property by Councilmembers
1. Except for limited incidental personal use or emergency circumstances, no
Councilmember shall request, permit, or use City vehicles, equipment, materials, or property
for personal use, personal convenience, or profit.
2. From the time that a Councilmember declares or publicly states that they intend to run for
reelection until the conclusion of the respective general election, that Councilmember shall
not request or direct that City funds be used to purchase any media (including newspaper,
radio, television, social media, or bulk mailing) that contains the name or image of that
Councilmember unless the names or images of all City Councilmembers appear in the media
being purchased.
C. Confidentiality
Except as required by law, a Councilmember, former Councilmember, or current or former
member of a City Committee or Commission shall not disclose or use privileged, confidential, or
propriety information obtained in executive session or otherwise in the course of their duties as a
result of their position.
D. Conflict of Interest - General
1. Applications of Conflict of Interest
Except as permitted in Subsections (2) or (3) below, a Councilmember or member of a City
Committee or Commission shall not take any direct official action on a matter if they, or a
member of their immediate family:
a. Has any substantial direct or indirect contractual employment related to the
matter;
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b. Has other significant financial or private interest in that matter (which includes
serving on a Board of Directors for any organization but does not, for Councilmembers,
include appointing members to the Salary Commission); or
C. Is a party to a contract or the owner of an interest in real or personal property
that would be significantly affected by that matter. Taking direct official action on, or
regarding, legislation of general application does not "significantly affect" real or
personal property within the meaning of this Subsection.
2. Conflict of Interest Exceptions for Councilmembers
Subsection (1) above shall not apply when a Councilmember:
a. Is required to take or participate in an action based upon the rule of necessity;
b. Acts as their own representative before the City Council, Hearing Examiner, or
any other City board, commission, or agency, provided that the individual does not also
participate in any way in the deliberations or decision of the City Council, Hearing
Examiner, or that board, commission, or agency related to that matter;
C. Acquires an interest in bonds or other instruments of indebtedness issued by the
City if acquired and held on the same terms available to the general public;
d. Officially participates in the development and adoption of the City's budget; or
establishes the pay or benefit plan of City officers, officials, or employees;
e. Makes decisions on any legislation of general application unless these actions
directly affect, or appear to affect, the official's or immediate family member's
employment; or
f. Serves on the governing body of an organization or entity as part of their official
duties as a Councilmember of the City.
3. Conflict of Interest Exceptions for Members of City Committees and Commissions
Subsection (1) above shall not apply to a member of a City Committee or Commission:
a. Who takes direct official action, as a member of a City Committee or Commission
to which that member was appointed based on that member's ownership or lease of
certain real property or of that member's ownership of a business located in a certain area
of the City, that results in a conflict of interest under Subsection (1) above due solely to
the fact of that member's ownership or lease of the certain real property or of that
member's ownership of the business located in a certain area of the City providing the
basis for that member's appointment to the City Committee or Commission; provided
that the member fully discloses the basis for the conflict of interest under Subsection (1)
during each meeting of the City Committee or Commission in which the conflict of
interest under Subsection (1) occurs or may occur;
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b. Who fully disclose the basis for the conflict of interest under Subsection (1) above
on the public record of the City Committee or Commission and the Committee or
Commission votes to allow the member to participate in the discussion or the vote; or
C. Is required to take action or participate in an action based upon the rule of
necessity.
4. Disclosure for Councilmembers
All Councilmembers are required to comply with the Washington State Public Disclosure
Commission requirements for financial disclosure. In addition, all Councilmembers shall
publicly disclose their financial interest in any matter that comes before them. All
Councilmembers shall annually complete a conflict of interest statement to be submitted to
the City Clerk by April 15th.
E. Conflict of Interest - After Leaving Elected City Office
1. For two (2) years after leaving elected City office, no former Councilmember shall obtain
employment in which they will take direct or indirect advantage of matters on which they
took direct official action during their service with the City. This includes contractual
negotiations or solicitation of business unavailable to others.
2. For two (2) years after leaving elected City office, no former Councilmember shall
engage in any action or litigation in which the City is involved, on behalf of any other
person or entity, when the action or litigation involves an issue on which the person took
direct official action while in elected City office.
F. Conflict of Interest — Members of City Committees or Commissions and
Employment
While serving on a City Committee or Commission, and for two (2) years after leaving such
position, no member of a City Committee or Commission shall obtain employment in which they
will take direct or indirect advantage of matters which they, as a member of a City Committee or
Commission, recommended to the City Council. This includes applying for positions or contracts
with the City when the City Committee or Commission on which the member served
recommended funding such position or contract.
G. Conflict of Interest - Family Members of Councilmembers
1. Appointment of Family Members
Unless they obtain a waiver from the Ethics Board, no Councilmember shall appoint or hire
a member of their immediate family for any type of employment with the City. This
includes, but is not limited to, full time employment, part time employment, permanent
employment, temporary employment, and contract employment.
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2. Supervision of Family Members
No Councilmember shall supervise or be in a direct line of supervision over a member of
their immediate family. If a Councilmember is placed in a direct line of supervision of a
member of their immediate family, they shall have three (3) months to come into
compliance or to obtain a waiver pursuant to Subsection (3) below.
3. Waivers
Waivers from this section may be sought from the Ethics Board to allow a member of the
immediate family to be hired or to be in the direct line of supervision of a member of the
immediate family. Procedures to consider such a waiver are set forth in Article III.
H. Conflict of Interest - Contractors
Every major contractor submitting bids to the City shall affirm that neither the contractor nor any
agent of the contractor has made any prohibited gift to a Councilmember who is involved in
direct official action on the bid or has a relationship to such Councilmember that would create a
conflict of interest for that Councilmember under this Code of Conduct and Ethics Program.
I. Conflict of Interest - Individuals Serving on City Committees and Commissions
Individuals serving on City Committees and Commissions shall sign a conflict of interest
statement upon appointment and reappointment.
J. Conduct of Public Meetings
1. Meetings involving Councilmembers or City Committees and Commissions should be
conducted in a manner that maximizes transparency of relationships among individuals or
groups that could affect decision-making.
2. Meetings of the City Council and City Committees and Commissions shall have a
standing agenda item for disclosure of possible conflicts of interest. Members are
encouraged to disclose relationships with persons and issues on the agenda, including
potential conflicts of interests. If necessary, discussion among the members may be
undertaken to judge the significance of these relationships and whether a possible conflict of
interest exists.
K. Conflict of Interest - Individuals Serving on the Ethics Board
No member of the Ethics Board shall participate in the review of complaints or requests for
advisory opinions relating to the conduct of a Councilmember where that member of the Ethics
Board is or was a member of a political action committee that supports, supported, opposes, or
opposed the election or reelection of the Councilmember in question.
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ARTICLE III -
SUBMISSION AND REVIEW OF ETHICS COMPLAINTS, REQUESTS FOR WAIVERS,
AND REQUESTS FOR ADVISORY OPINIONS
A. Submission of Ethics Complaints
1. Any individual may submit to the City Clerk an ethics complaint alleging violations of
one of the following:
a. The Code of Conduct (Article I) by a Councilmember or a member of a City
Committee or Commission;
b. The Code of Ethics (Article II) by a Councilmember or a member of a City
Committee or Commission; or
C. The ethics standards contained in the City of Bainbridge Island Employee
Manual by a City employee other than the City Manager.
2. Each complaint must include the name and address of the complainant, along with a
detailed statement of facts, supported by a declaration in compliance with RCW 9A.72.085,
on a form supplied by the City Clerk.
3. To facilitate timely review under this Ethics Program, each complaint may only allege
violations of one of the three standards listed in Subsection (A)(1) above. To the extent that
an individual believes multiple standards were violated, the individual may submit multiple
complaints.
B. Review of Article I Complaints
1. The City Clerk shall refer complaints alleging one or more violations of the Code of
Conduct (Article I) by a Councilmember or a member of a City Committee or Commission,
except for complaints concerning members of the Ethics Board, to the Ethics Board for
review in accordance with Subsection (2) below. The City Clerk shall refer complaints
alleging one or more violations of the Code of Conduct (Article I) by a member of the
Ethics Board to the Hearing Examiner, who shall review the complaint in accordance with
Subsection (2) below in place of the Ethics Board.
2. Upon receipt of a complaint, the Ethics Board shall make a threshold determination as to
whether or not the complaint is reasonably credible and whether or not the facts asserted in
the complaint, even if true, would constitute a violation of the Code of Conduct (Article I).
a. If the Ethics Board determines that the complaint lacks reasonable credibility, the
Ethics Board shall dismiss the complaint, take no further action on it, and provide,
following legal review, a written threshold determination to the City Clerk.
Reconciliation shall not occur regarding a complaint dismissed under this Subsection.
The City Clerk shall provide the threshold determination to the complainant and
respondent and publish it along with the complaint.
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b. If the Ethics Board determines that the facts stated in the complaint, even if true, would
not constitute a violation of the Code of Conduct (Article I), then the Ethics Board shall
dismiss the complaint, take no further action on it, and provide, following legal review, a
written threshold determination to the City Clerk. Reconciliation shall not occur
regarding a complaint dismissed under this Subsection. The City Clerk shall provide the
threshold determination to the complainant and respondent and publish it along with the
complaint.
c. If the Ethics Board determines that the complaint is reasonably credible and that the
facts asserted in the complaint, if true, would constitute a violation of the Code of
Conduct (Article I), then the Ethics Board shall provide, following legal review, a written
threshold determination to the City Clerk. The City Clerk shall provide the threshold
determination to the complainant and respondent and refer the complaint to a trained
mediator for reconciliation as described below.
3. As soon as practicable following receipt of a threshold determination under Article III,
Subsection (B)(2)(c), the City Clerk, or designee, shall schedule the time and place for
reconciliation of the complaint.
4. To facilitate timely reconciliation, the City Manager is authorized to, as needed, negotiate,
execute, or amend a contract with the Dispute Resolution Center of Kitsap County, or other
similar firm or organization, for the provision of trained mediators suitable for facilitating
reconciliation to resolve complaints.
5. Reconciliation shall occur at the time and place scheduled. However, if the complainant
refuses to participate in reconciliation, then no reconciliation shall be scheduled, and no
further action shall be taken on the complaint. If the respondent refuses to participate in
reconciliation, then no reconciliation shall be scheduled. In circumstances where the
respondent refuses to participate in reconciliation, the City Clerk shall, except for complaints
concerning members of the Ethics Board, instead refer the complaint to the Ethics Board for
review and issuance of an advisory opinion in accordance with Article III, Subsections
(B)(5)(a)—(g). For complaints concerning members of the Ethics Board, the City Clerk shall
instead refer such complaints to the Hearing Examiner, who shall review the complaint and
issue an advisory opinion in accordance with Article II, Subsections (13)(5)(a)—(g), in place of
the Ethics Board.
a. The Chair of the Ethics Board shall provide the respondent with a reasonable
period of time to submit a written response to the complaint supported by a declaration in
compliance with RCW 9A.72.085.
b. The Ethics Board shall then review the complaint and response, if submitted. The
Ethics Board's review shall be limited to the complaint and the response, if submitted. In
the course of reviewing a complaint, the Ethics Board may request clarification of the
complaint by the complainant or of the response by the respondent; provided that if the
Ethics Board obtains clarification of the complaint, the Ethics Board shall give the
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respondent the opportunity to review the clarification and to provide an additional written
response. However, the Ethics Board shall not engage in other fact-finding.
C. If, in reviewing the complaint and response, a question of fact exists, the Ethics
Board shall identify the existence of the question of fact in its advisory opinion.
d. After reviewing the matter, the Ethics Board shall, following legal review, issue
an advisory opinion, which shall be forwarded to the City Clerk for publication along
with the complaint and response, if submitted. The City Clerk shall provide notice to both
the complainant and respondent of the issuance of the advisory opinion.
e. If, during the process of reviewing a complaint alleging a violation of the Code of
Conduct (Article I), the Ethics Board determines that an additional violation of the Code
of Conduct (Article I) may have occurred or a violation of the Code of Ethics (Article II)
may have occurred, then the Ethics Board may choose to note that possibility in its
advisory opinion. However, the Ethics Board shall not on its own initiative pursue review
of an additional violation of the Code of Conduct (Article I) or a violation of the Code of
Ethics (Article II) without the approval of the City Council. "Additional violation of the
Code of Conduct (Article I)" means a violation of the Code of Conduct (Article I) that
was not included in the complaint being reviewed.
f. The Ethics Board shall strive to complete its review and issue an advisory opinion
within 45 business days from the date that the City Clerk forwarded the request to the
Ethics Board. If review takes longer than 45 business days, the Ethics Board in its
advisory opinion shall specify the reasons for why additional time was needed.
g. Advisory opinions shall be viewed as educational only. The purpose of such an
opinion is to provide an educational opinion to Councilmembers, members of City
Committees and Commissions, and the public on what type of conduct is generally
expected from Councilmembers and members of City Committees and Commissions.
C. Review of Article II Complaints
1. The City Clerk shall refer complaints alleging one or more violations of the Code of
Ethics (Article II) by a Councilmember or a member of a City Committee or Commission,
except for complaints concerning members of the Ethics Board, to the Ethics Board for
review in accordance with Subsections (2)-(6) below. The City Clerk shall refer complaints
alleging one or more violations of the Code of Ethics (Article II) by a member of the Ethics
Board to the Hearing Examiner for review in accordance with Subsections (7)-(11) below.
2. Upon receipt of a complaint, the Chair of the Ethics Board shall provide the respondent
with a reasonable period of time to submit a written response to the complaint supported
by a declaration in compliance with RCW 9A.72.085.
3. The Ethics Board shall review any complaint forwarded to it by the City Clerk and any
response submitted by the respondent. The Ethics Board shall not engage in other fact -
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finding. However, in the course of reviewing a complaint, the Ethics Board may request
clarification of the complaint by the complainant or of the response by the respondent.
4. After reviewing the complaint and the response, if one was submitted, the Ethics Board
shall, following legal review, take one or more of the following actions and inform the
complainant, the respondent, and the City Clerk accordingly:
a. Refer the complaint back to the City Clerk if the complaint alleges violations of
the Code of Conduct (Article I) rather than alleged violations of the Code of Ethics
(Article II);
b. Determine that the complaint lacks reasonable credibility;
C. Determine that the facts stated in the complaint, even if true, would not
constitute a violation of the Code of Ethics (Article II);
d. Determine that the facts stated in the complaint, even if true, would not
constitute a material violation of the Code of Ethics because any possible violation was
inadvertent or minor or has been adequately cured, such that further proceedings on the
complaint would not serve the purposes of the Code of Ethics (Article II);
e. Hold the complaint for action at a future time if the matter is the subject of
litigation; or
f. Determine that, based on the submissions of the complainant and the
respondent, review by the Hearing Examiner is warranted.
5. The Ethics Board shall strive to complete its review within 45 business days from the
date that the City Clerk forwarded the complaint to the Ethics Board. If review takes longer
than 45 business days, the Ethics Board in its determination shall specify the reasons why
additional time was needed.
6. If the Ethics Board determines that, based on the submissions of the complainant and the
respondent, review by the Hearing Examiner is warranted, the Board shall, following legal
review, forward its determination, along with the complaint and response, to the
complainant, respondent, and the City Clerk. The City Clerk will then forward the Board's
determination and associated materials to the Hearing Examiner for review and further
proceedings in accordance with Article IV.
7. Upon receipt of a complaint, the Hearing Examiner shall provide the respondent with a
reasonable period of time to submit a written response to the complaint supported by a
declaration in compliance with RCW 9A.72.085.
8. The Hearing Examiner shall review any complaint forwarded to it by the City Clerk and
any response submitted by the respondent. The Hearing Examiner shall not engage in other
fact-finding. However, in the course of reviewing a complaint, the Hearing Examiner may
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request clarification of the complaint by the complainant or of the response by the
respondent.
9. After reviewing the complaint and the response, if one was submitted, the Hearing
Examiner shall take one or more of the following actions and inform the complainant, the
respondent, and the City Clerk accordingly:
a. Refer the complaint back to the City Clerk if the complaint alleges violations of
the Code of Conduct (Article I) rather than alleged violations of the Code of Ethics
(Article II);
b. Determine that the complaint lacks reasonable credibility;
C. Determine that the facts stated in the complaint, even if true, would not
constitute a violation of the Code of Ethics (Article II);
d. Determine that the facts stated in the complaint, even if true, would not
constitute a material violation of the Code of Ethics because any possible violation was
inadvertent or minor or has been adequately cured, such that further proceedings on the
complaint would not serve the purposes of the Code of Ethics (Article II);
e. Hold the complaint for action at a future time if the matter is the subject of
litigation; or
f. Determine that, based on the submissions of the complainant and the
respondent, further proceedings under Article IV are warranted.
10. The Hearing Examiner shall strive to complete their review within 45 business days
from the date that the City Clerk forwarded the complaint to the Hearing Examiner. If
review takes longer than 45 business days, the Hearing Examiner in its determination shall
specify the reasons why additional time was needed.
11. If the Hearing Examiner determines that, based on the submissions of the complainant
and the respondent, further proceedings under Article IV are warranted, the Hearing
Examiner shall forward its determination, along with the complaint and response, to the
complainant, respondent, and the City Clerk. The City Clerk will then schedule further
proceedings in accordance with Article IV.
D. Review of Complaints Concerning City Employees
1. The City Clerk shall refer complaints concerning City employees to the City Manager.
2. The City Manager shall review any ethics complaint forwarded by the City Clerk and
determine the appropriate course of action to address the complaint including, as
applicable, authorizing such investigations as may be necessary to determine whether a
violation has occurred, consistent with state law as well as relevant policies, procedures,
and collective bargaining agreements.
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3. Upon making a determination that no violation of ethics rules has occurred, the City
Manager shall provide a written response regarding the determination to the complainant.
4. Upon making a determination that a violation of ethics rules has occurred, the City
Manager or other appropriate City officer shall take action as guided by state law and
relevant policies, procedures, and collective bargaining agreements.
5. In the event of a violation, the City Manager shall provide a response to the complainant
outlining the substance of the violation and the action taken, subject to governing rules
regarding confidentiality articulated in state law, City policy, and collective bargaining
agreements.
6. Apparent violations of law shall be reported to the appropriate authorities, as
applicable.
E. Requests for Advisory Opinions
1. To the extent described below, the following individuals or bodies may submit to the City
Clerk a request for an advisory opinion from the Ethics Board:
a. A Councilmember or member of a City Committee or Commission may request
an advisory opinion from the Ethics Board as to whether their own behavior has violated
or might in the future violate the Code of Conduct (Article I) or the Code of Ethics
(Article II).
b. The City Council may request an advisory opinion from the Ethics Board
regarding City policies or practices in relation to the Code of Conduct (Article I) or the
Code of Ethics (Article II).
C. City Committees and Commissions may request an advisory opinion from the
Ethics Board regarding operating rules or practices in relation to the Code of Conduct
(Article I) or the Code of Ethics (Article II).
d. A Councilmember may request an advisory opinion from the Ethics Board
concerning the applicability of the Code of Ethics (Article II) to hypothetical
circumstances and/or situations related to the actions, or potential actions, of a
Councilmember or a member of a City Committee or Commission.
2. Requests for advisory opinions must be submitted to the City Clerk on a form supplied by
the Ethics Board. The Ethics Board shall, following legal review, submit finalized advisory
opinions to the City Clerk for publication
3. The grant of authority in this section is supplemental to, and does not change, the
authority granted to the Ethics Board in Section B above.
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F. Waivers
Councilmembers may request a waiver from the Ethics Board of the conflict of interest
restrictions related to the hiring of and supervision over family members, as provided by Article
II, Section F. Such requests shall be submitted in writing to the City Clerk, who shall refer them
to the Ethics Board. Once finalized, the Board shall, following legal review, provide its response
to the City Clerk, who shall publish both the request and the Board's response.
G. Effect of Advisory Opinion or Waiver
An individual who receives a waiver, or who acts in reliance on an advisory opinion, shall not
later be found to have violated the Code of Conduct (Article I) or the Code of Ethics (Article II)
if the individual acts in a manner consistent with that advisory opinion or waiver.
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ARTICLE IV -
HEARING EXAMINER REVIEW
AND POSSIBLE SANCTIONS
A. Hearing Examiner Review of Article II Complaints
1. The City Clerk shall provide written notification to the complainant and the respondent of
the time, date, and place of the hearing before the Hearing Examiner at which the complaint
concerning alleged violations of the Code of Ethics (Article II) will be reviewed.
2. Hearings conducted by the Hearing Examiner shall be informal and held in accordance
with rules of procedure adopted by the Hearing Examiner, except to the extent that such
rules conflict with the terms of this Ethics Program. The respondent may be represented by
legal counsel. The City Attorney shall designate special counsel to present the Code of
Ethics violations charges and case. The respondent and special counsel may present and
cross examine witnesses and give evidence before the Hearing Examiner. The Hearing
Examiner may also call witnesses and compel the production of books, records, papers, or
other evidence needed. To that end, the Hearing Examiner may issue subpoenas and
subpoenas duces tecum at the request of the respondent, special counsel, or their own
initiative. All testimony shall be under oath administered by the Hearing Examiner. The
Hearing Examiner may adjourn the hearing from time to time in order to allow for the
orderly presentation of evidence.
3. The Hearing Examiner or designee shall prepare an official record of the hearing,
including all testimony, which shall be recorded by electronic device, and exhibits; provided
that the Hearing Examiner or designee shall not be required to transcribe such records unless
presented with a request accompanied by payment of the cost of transcription.
4. Within 20 business days after the conclusion of the hearing, the Hearing Examiner shall,
based upon a standard of proof of clear and convincing evidence, make findings of fact and
conclusions of law. If the Hearing Examiner determines that the alleged Code of Ethics
violation(s) have not been proven, the Hearing Examiner shall dismiss the complaint. If the
Hearing Examiner determines that one or more Code of Ethics violation(s) are proven, the
Hearing Examiner shall forward the matter to the City Council for a determination regarding
the appropriate level of sanctions to be imposed for the Code of Ethics (Article II)
violations. In either event, a copy of the findings and conclusions shall be forwarded to the
City Clerk, for distribution to the City Council, and, by registered mail, to the person who
made the complaint and to the respondent at addresses as given by such persons to the
Hearing Examiner.
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B. Action by City Council upon Hearing Examiner's Findings and Conclusion
1. Within 45 business days of receipt of the Hearing Examiner's findings and conclusions
that sustain a Code of Ethics violation, the City Council shall schedule an executive session
to consider the findings and conclusions, hear from the respondent, and deliberate upon the
appropriate level of civil sanction(s) to be imposed, if any, except to the extent that the
respondent requests that they be heard in open public session.
2. The Council may take no formal action or, by majority vote of the Council (not including
the respondent, if a Councilmember, who shall not participate in said vote) at an open public
meeting, may impose any of the following sanctions in response to a sustained violation of
the Code of Ethics:
a. Admonition: An admonition shall be a verbal non-public statement made by the
Mayor, Deputy Mayor, or Mayor Pro Tem to the Councilmember or member of a City
Committee or Commission who has violated the Code.
b. Reprimand: A reprimand shall be a letter prepared by the City Council, signed by the
Mayor, Deputy Mayor, or Mayor Pro Tem, and directed to the Councilmember or
member of a City Committee or Commission who has violated the Code.
c. Censure: A censure shall be a written statement administered personally by the Mayor,
Deputy Mayor, or Mayor Pro Tem to the Councilmember or member of a City
Committee or Commission who has violated the Code violation. The Councilmember or
member of a City Committee or Commission shall appear at a time and place directed by
the City Council to receive the censure. The censure shall be given publicly and the
official who has violated the Code shall not make any statement in support or opposition
thereto or in mitigation. A censure shall be deemed administered at the time it is
scheduled whether or not the Councilmember or member of a City Committee or
Commission appears as required.
d. Other sanctions: Any sanction imposed under this Ethics Program is in addition to and
not in lieu of any other penalty, sanction, or remedy which may be imposed or sought
according to law or equity.
3. The City Clerk shall forward, by registered mail, a copy of the findings, conclusions, and
sanctions, if imposed, to the complainant and to the respondent at addresses as given by both
persons to the City Clerk. Following approval by the Council, the City Clerk shall publish the
written findings, conclusions, and sanctions, if imposed.
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ARTICLE V -
ETHICS BOARD
A. Creation, Terms, and Appointments
1. Membership of Ethics Board
The Ethics Board consists of seven members appointed in accordance with this section.
2. Qualifications of Board Members
a. Members of the Board shall represent a diverse set of backgrounds and interests.
b. At least one member of the Ethics Board shall be a former judicial officer or have
expertise in ethics acquired through education or experience.
C. Members appointed or reappointed after the effective date of Resolution No.
2019-26, updating the Ethics Program, shall not, while serving on the Ethics Board, also
simultaneously be employees or officers of the city or individuals appointed to another
city committee or commission.
3. Method of Appointment
a. Members of the Ethics Board shall be nominated by the Mayor and confirmed by
the City Council by a supermajority vote of at least five Councilmembers.
b. The Mayor and City Council shall work cooperatively to ensure that any person
who is nominated has the required support of the City Council. Nominations shall be
presented at meetings of the City Council in which all seven Councilmembers are
present, unless exceptional circumstances exist (e.g., a Council vacancy exists and has
not yet been filled, or other good cause).
4. Terms of Appointment
a. Board members shall be appointed to terms of three years; however, the first two
members nominated by the Mayor and confirmed by the City Council shall initially
serve one-year terms to achieve staggered ending dates.
b. If a member is appointed to fill an unexpired term, that member's term shall end
at the same time as the term of the person being replaced.
C. Each member shall continue to serve until a successor has been appointed, unless
the member is removed or resigns.
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5. Removal of Board Members
a. The absence of any member of the Board from three (3) consecutive meetings,
unless the Board has excused the absence for good and sufficient reasons as determined
by the Board, shall constitute a resignation from the Board.
b. The City Council may remove a member for inappropriate conduct before the
expiration of the member's term. Before removing a member, the City Council shall
specify the cause for removal and shall give the member the opportunity to make a
personal explanation.
6. Compensation
Members of the Ethics Board shall serve without compensation. Members may be
reimbursed for reasonable expenses pursuant to the rules of the City and as approved by
the City Manager or their designee.
7. Rules
The Ethics Board may, by majority vote, adopt reasonable operating rules consistent with
this Ethics Program. The City Council reserves the right to modify such operating rules at
its discretion.
8. Consultation with City Attorney
The Ethics Board shall consult with the City Attorney's Office or special counsel appointed
by the City Attorney's Office regarding legal issues which may arise in connection with the
Board's duties and functions under this Ethics Program.
9. Liaison to the Ethics Board.
A representative of the City Attorney's Office shall attend Ethics Board meetings and serve
as the liaison to the Ethics Board. No Councilmember shall serve as a liaison to the Ethics
Board.
B. Training Provided by the Ethics Board
The Ethics Board shall perform the following training related duties:
1. At least every two years, the Ethics Board shall prepare and distribute a pamphlet
describing the Code of Conduct (Article I) and Code of Ethics (Article II) to all
Councilmembers and members of City Committees and Commissions, after review of the
pamphlet by the City Attorney's Office. The Ethics Board shall ensure that all new
Councilmembers and members of City Committees and Commissions receive a pamphlet on
this Code of Ethics.
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2. The Ethics Board shall develop and present a training course on the Code of Conduct and
the Code of Ethics to be presented annually to all Councilmembers and members of City
Committees and Commissions.
C. Training Provided to the Ethics Board
The Ethics Board shall include all requests for training for the coming year in the Board's
annual report to the City Council, and the Council will determine what training to approve, if
any.
D. Annual Report
By February 15 of each year, the Ethics Board shall submit an annual report to the City Council
summarizing its activities during the previous calendar year and work plan for the following
year. The report shall include any recommendations for modifying the Code of Conduct and
Ethics Program as well as all training requested by the Ethics Board.
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ARTICLE VI -
DEFINITIONS
For purposes of the Ethics Program, the following definitions shall apply.
"City Committees and Commissions" and "City Committee or Commission" mean all
advisory boards, commissions, committees, and task forces created or appointed by the City
Council.
"Confidential Information" means (a) specific information, rather than generalized knowledge,
that is not available to the general public on request; or (b) information made confidential by
law.
"Direct official action" means any of the following:
1. For Councilmembers and members of City Committees and Commissions, taking action,
as defined by RCW 42.30.020, in an open public meeting. ,
2. For Councilmembers and members of City Committees and Commissions, directly, or
indirectly through a proxy, doing the following: negotiating or recommending for or against
a contract, purchase order, lease, concession, franchise, grant, or other similar instrument in
which the City is a party.
3. For Councilmembers and members of City Committees and Commissions, directly, or
indirectly through a proxy, doing the following: recommending for or against the approval
of a permit, or other similar City approval or authorization, issued by the City. However,
direct official action does not include the submittal, to the City, of a permit application by a
Councilmember or a member of a City Committee or Commission or the appeal of a denial
of such a permit application by the City. Direct official action includes actions taken by a
Councilmember or a member of a City Committee or Commission to use or attempt to use
their position to obtain special privileges or exemptions in the processing, or review on
appeal, of their permit application.
4. For Councilmembers, appointing or terminating employees (i.e., the City Manager) or
appointing or removing members of City Committees and Commissions.
Direct official action does not include acts that do not affect the disposition or decision with
respect to the matter. Additionally, a Councilmember or member of a City Committee or
Commission who recuses herself or himself in lieu of taking action, as defined by RCW
42.30.020, in an open public meeting is not exercising direct official action.
"Direct line of supervision" means the supervisor of an employee and the supervisor of an
employee's supervisor.
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"Fact-finding" means any action to gather facts or other evidence not submitted by a
complainant in a complaint or a clarification to a complaint or by a respondent in a response or a
clarification to a response. However, "fact-finding" does not include review by the Ethics Board
of official video or audio recordings of meetings of the City Council or of City Committees and
Commissions as well as review by the Ethics Board of the official minutes of such meetings.
"Gift" means any favor, reward, or gratuity and any money, good, service, travel, event ticket,
lodging, dispensation, or other thing of value that is given, sold, rented, or loaned to a person
without reasonable compensation and that is not available to the general public on the same
terms and conditions. Any honoraria or payment for participation in an event will be considered
a gift.
"Immediate family" means husband, wife, son, daughter, mother, father, grandmother,
grandfather, grandchildren, brother, sister, domestic partner, or spouse of the above. The term
includes any minor children for whom the person, or their domestic partner, provides day-to-day
care and financial support. A "domestic partner" is an unmarried adult, unrelated by blood, with
whom an unmarried officer, official, or employee has an exclusive committed relationship,
maintains a mutual residence, and shares basic living expenses.
"Legislation of General Application" means any legislative act, including regulations, policies,
ordinances, resolutions, and motions, of general application, as opposed to legislative acts that
affect only a particular person or individual or a small group of similarly situated persons or
individuals.
"Major Contractor" means any person, corporation, company, firm, business, or other entity
doing business over $5,000 with the City under one contract or annually.
"Political Action Committee" means a legal entity, other than a natural person, that raises,
spends, receives, or contributes money to support or oppose the election of one or more
candidates for elected office at the local, state, or federal levels.
"Question of Fact" means a factual dispute between the complainant and the respondent
concerning an issue that is material to a determination as to whether a violation of the Code of
Conduct (Article I) exists.
"Reconciliation" means mediation between a complainant and a respondent facilitated by a
trained mediator.
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"Rule of Necessity" shall be interpreted and defined in accordance with RCW 42.36.090, which
provides: In the event of a challenge to a member or members of a decision-making body which
would cause a lack of a quorum or would result in a failure to obtain a majority vote as required
by law, any such challenged member(s) shall be permitted to fully participate in the proceeding
and vote as though the challenge had not occurred, if the member or members publicly disclose
the basis for disqualification prior to rendering a decision. Such participation shall not subject
the decision to a challenge by reason of violation of the appearance of fairness doctrine.
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ARTICLE VII -
CITY COUNCIL REVIEW OF CODE OF CONDUCT
AND ETHICS PROGRAM
This Code of Conduct and Ethics Program shall automatically expire, and no longer be in force
or effect, 12 months from the effective date of Section 1 of Resolution No. 2019-26, unless it is
expressly renewed or otherwise amended by majority vote of the City Council.
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