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HomeMy WebLinkAbout2786 Establishing a Code of EthicsOrdinance No. 2786 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING A CODE OF ETHICS AS IT PERTAINS TO PERSONAL GAIN OR PROFIT, CONFLICT OF INTEREST, ACCEPTANCE OF GIFTS, CAMPAIGN ACTIVITIES AND CONFIDENTIAL INFORMATION FOR CITY OFFICIALS AND EMPLOYEES, CREATING A NEW CHAPTER 2.80 OF THE PORT TOWNSEND MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the proper operation of democratic government requires that public officers and employees be independent, impartial, and responsible to the people; that government decisions and policy be made within the proPer channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government; and WHEREAS, in recognition of these goals, a code of ethics for all City officials and employees should be adopted. The purpose of this code is to establish guidelines for ethical standards of conduct for all such officers and employees by setting forth those acts or actions that are incompatible with the best interests of the City, by directing disclosure by such officers and employees of private financial or other interests in matters affecting the City, and by adopting rules to prevent conflicts of interests in public office, and to otherwise provide for ethical standards; and WHEREAS, Chapter 42.23 RCW--Code of Ethics for Municipal Officers--Contract Interests, establishes ethical standards that the City desires to implement with specific guidelines, including guidelines that allows generally recognized acceptance of nominal gifts in certain situations; and WHEREAS, the high ethical standards that apply to state officials and employees, pursuant to Chapter 42.52 RCW--Ethics in Public Service, are standards the City Council desires to make applicable to City employees and officials; NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. ADOPTION OF CODE. The City Council hereby adopts and enacts the Code of Ethics As It Pertains to Personal Gain or Profit, Conflict of Interest, Acceptance of Gifts, Campaign Activities, and Confidential Information for City Officials and City Employees, as set forth on the Attached Exhibit A which is incorporated by reference as if set forth in full. 1 Ordinance 2786 SECTION 2. CODIFICATION. The administration shall codify the Code of Ethics as it pertains to Personal Gain or Profit, Conflict of Interest, Acceptance of Gifts, Campaign Activities, and Confidential Information for City Officials and City Employees into a new Chapter 2.80 of the Port Townsend Municipal Code. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION 8. EFFECTIVE DATE. This Code of Ethics as it pertains to Personal Gain or Profit, Conflict of Interest, Acceptance of Gifts, Campaign Activities, and Confidential Information for City Officials and City Employees, shall take effect on March 1, 2002, which is more than five (5) days after the passage and publication of this ordinance or an approved summary. Adopted by the City Council of the City of Port Townsend, Washington, at a special meeting thereof, held this 10th day of December, 2001, and signed in authentication of its passage this 10th day of December, 2001. of~f Masci, Mayor Attest: ~'~~(~ Clt~ CleF ...... Pamela Kolacy, Approved as to Form: John P. Watts, City Attorney Attachment: Ch. 2.80 Code of Ethics - Ordinance 2786 2 Ordinance 2786 PORT TOWNSEND MUNICIPAL CODE Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.80 CODE OF ETHICS Sections: 2.80.010 2.80.020 2.80.030 2.80.040 2.80.050 2.80.060 2.80.070 2.80.075 2.80.080 2.80.090 2.80.100 2.80.100 Policy. Definitions. Improper use of official position -- Personal gain or profit -- Use of persons, money or property. Conflict of interest. Acceptance of gifts. Campaign activities. Confidential information. Councilmember Violation of RCW 3 5A. 13.120 City Manager - Interference by council members Board of Ethics -- Complaints against a councilmember or manager -- Advisory opinions. Complaints against employees and officials other than the manager, councilmembers, and members of advisory bodies. Civil action for slander, libel, defamation not affected. Liberal Construction -- Limitation period -- Effective date. 2.80.010 Policy. The City of Port Townsend is committed to conducting its business in a fair, open, efficient and accountable manner. Public officials and employees shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and their private interest. Each official and employee is assumed and expected to act in accordance with all laws that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her office or business. To dispel suspicion, innuendo, and distrust in government that results from failure of public officials and employees to disclose financial or other interests in matters affecting the city, public officials and employees should disclose, before participating in any matter affecting the city, any financial, business, personal or other interests in the matter affecting the city. As provided by this Code and state law, a public official or employee is prohibited from participating in a city matter where he or she may be specially benefited. Each Employee and Official should be informed of this Code and meet its requirements. Questions regarding its interpretation concerning employees and officials should be brought to that person's supervisor or manager for interpretations of this Code, and subject to any collective 1 Exhibit to Ordinance 2786 bargaining agreement, any action concerning violation of this Code concerning employees shall be determined by the manager. Questions regarding the interpretation of the Code as applied to, and allegations of violation of the Code by, councilmembers, or the manager, or members of advisory bodies, shall be referred to the board of ethics through the process established herein. This Code only addresses the specific issues of personal gain or profit, conflict of interest, acceptance of gifts, campaign activities, and confidential information. It does not address issues of sexual harassment, discrimination, workplace rules or personnel policies, or other activities prohibited by law or regulated by city policies. Where not in conflict with the provisions of this Code, the Manager is authorized to adopt personnel polices, and any such policies previously adopted (where not in conflict with this Code) are ratified, PROVIDED, any policy changes amendments to existing policy involving employee compensation require city council approval. 2.80.020 Definitions. Throughout this Code, the following definitions shall apply: "Advisory body" means any board or commission, committee or other entity previously, or hereafter, and named a board or commission in the ordinance or resolutions creating the body, created by the city council to give advice on subjects and perform such other functions as prescribed by the city council. Advisory body does not mean task forces, informal committees, or working groups appointed by the manager or created by the city council for short periods of time or for specific tasks. "Benefit," "gain," "profit," or "interest in a contract," applies only to situations or contracts involving business transactions, employment matters, and other financial interests, and does not apply to situations or contracts which confer no financial benefit. "City official, officer, or employee" means every individual elected or appointed to an office or position of employment, whether such individual is paid or unpaid. "Confidential information" means: 1. Specific information, rather than generalized knowledge, that is not available to the general public on request; or 2. Information made confidential by law including but not limited to as provided in taxpayer information (RCW 82.32.330), information regarding organized crime (RCW 43.43.856), criminal history information (Chapter 10.97 RCW), medical records (Chapter 70.02 RCW) and juvenile records (RCW 13.50.010); or 3. Information which is initially disclosed or discussed in executive session, and which is not available to the general public on request; or 4. Confidential information does not include information officially disclosed by the manager or a majority vote of the city council. "Contract" shall include any agreement, contract, sale, lease, or purchase. 2 Exhibit to Ordinance 2786 "Contracting party" shall include any person, partnership, association, cooperative, corporation, or other business entity which is a party to a contract with a municipality. "Ethics" means standards of conduct that are regulated by this Code. "Family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse and the spouse of any such person. "Gift" means anything of economic value for which no consideration is given. "Gift" does not include: 1. Items from family members or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the city or with the recipient in connection with city matters; 2. Items related to the outside business of the recipient that are customary and not related to the recipient's performance of official duties; 3. Items exchanged among officials and employees or a social event hosted or sponsored by a city officer or city employee for coworkers; 4. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. As used in this subsection, "reasonable expenses" are limited to travel, lodging, registration fees, and subsistence expenses incurred the day before through the day after the event; 5. Items an official or employee is authorized by law to accept; 6. Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event; 7. Items returned by the recipient to the donor within 30 days of receipt, or donation to a charitable organization within 30 days of receipt; 8. Campaign contributions or other items reported or regulated under Chapter 42.17 RCW (Disclosure-Campaign Finances-Lobbying-Records); 3 Exhibit to Ordinance 2786 9. Discounts available to an individual as a member of an employee group, occupation, or similar broad-based group; and 10. Awards, prizes, scholarships, or other items provided in recognition of professional, academic or scientific achievement. "Person" means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit. "Revised Code of Washington (RCW) -- References to State Statutes." All references to the Revised Code of Washington (RCW) include the cited statute and any amendments thereto. If the cited statute is repealed, then the same shall be considered repealed from this code, unless the statute is reenacted or recodified by the state. "Transaction involving the city" means a proceeding, application, submission, request for ruling or other determination, contract, claim, case, or other similar matter that the official or employee in question believes, or has reason to believe: (1) is or will be the subject of city action (2) is one to which the city is or will be a party, or (3) is one in which the city has a direct and substantial proprietary interest. "Transaction involving the city" does not include the following: preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by an official or employee; or a claim, case, lawsuit or similar matter if the official or employee did not participate in the underlying transaction involving the city that is the basis for the claim, case, or lawsuit 2.80.030 Improper use of official position -- Personal gain or profit --Use of persons, money or property. A. An official or employee shall not knowingly engage in any transaction involving the city or use his or her office or position for personal or family benefit gain or profit, or engage in any transaction involving the city or use his or her position to secure special privileges or exceptions for himself, herself, or for the benefit, gain, or profits of any other persons. B. No official or employee may employ or use any person, money, or property under the officer's or employee's official control or direction, or in his or her official custody, for the personal or family benefit, gain, or profit of the officer or employee, or another. C. This section does not prohibit the use of public resources to benefit others as part of an officer's or employee's public duties, or prevent the private use of city property which is available on equal terms to the public generally (such as the use of library books), or the use of city property in accordance with city policy for the conduct of official city business (such as the use of a city automobile), if in fact the property is being used appropriately, or prevent an official or employee form appearing on his or her own behalf or representing himself or herself as to any matter in which he or she has a proprietary interest. 4 Exhibit to Ordinance 2 786 D. Notwithstanding the provisions of Section 2.80.030, the manager shall have discretion, and may adopt rules, regarding the nature, scope and extent to which the city of Port Townsend, its officials and employees, may provide in-kind and other assistance, if any, to an activity or event, provided that such assistance: 1. Does not unreasonably interfere with the proper performance of public duties and function; and 2. Provides a common benefit to the city; and 3. Is of a de minimus cost, or of reasonable value. Any terms, conditions, or mutual arrangements determined to be appropriate by the manager, regarding the provision of any type of assistance, shall be in writing. 2.80.040 Conflict of interest. A. Conflict of Interest Prohibited. Except as provided in Section 2.80.040(C) (relating to contracts where there is only a remote interest), or Section 2.80.040(D) (relating to specified exceptions to the rule against having an interest in a contract), an Official or Employee shall not be "beneficially interested," directly or indirectly, in any transaction involving the city, or accept, directly or indirectly, any compensation, gratuity, or reward in connection with such transaction involving the city from any other person "beneficially interested" therein, and shall not knowingly engage in activities which are in conflict, or which have the potential to create a conflict, with performance of official duties. No Official or Employee may participate in a transaction involving the city or any transaction involving city legislative duties, including, the consideration or enactment of any city legislation or appropriation of moneys in a budget in his or her official capacity in violation of this Section. An Official or Employee shall disclose the fact and extent of any benefit, gain, profit, or interest in a contract or transaction involving the city, or any transaction involving city legislative duties, including, the consideration or enactment of any city legislation or appropriation of moneys in a budget, including even indirect benefit that is not deemed a "beneficial interest" under the law. Examples of conflicts, or potential conflicts of interest include but are not necessarily limited to, circumstances where the official or employee, or their families: 1. Influences the selection or non-selection of or the conduct of business between the city and any entity when the official 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 5 Exhibit to Ordinance 2786 no conflict of interest for the official or employee shall be deemed to exist with respect to solicitation for campaign contributions required to be reported under Chapter 42.17 RCW (Disclosure-Campaign Finances-Lobbying-Records) or for charitable contributions. 3. Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific action or non-action by the official or employee. 4. Accepts a gift in any manner other than as provided in Section 2.80.050 (Acceptance of Gifts) below. 5. Intentionally uses or discloses information not available to the general public and acquired by reason of his or her official position which financially benefits himself or herself, family, friends or others. B. Disclosure. 1. Officials and employees shall disclose in writing to the city clerk any personal involvement or private interest in any transaction involving the city. Personal involvement includes involvement by each person, his or her family, or any involvement by any person or family member in any partnership, association, corporation, trust, firm, institution or other entity, whether operated for profit or not. For example, if a councilmember's son files for a building permit, the councilmember must disclose the fact to the Clerk. 2. The Clerk shall report the disclosure to the council and further report periodically on ongoing activities, so the information is available to the community. The disclosure and report may take the form of including the information in the council's information packet. For example, if a councilmember files for a building permit, and then obtains a permit, both events will be reported to the council. 3. The city manager is authorized to establish policies providing for the outside review of projects or applications involving councilmembers and city employees (as determined appropriate by the city manager). C. Remote Interests. An official or employee shall not be deemed to be interested in a transaction involving the city if he or she has only a "remote interest" in the contract. "Remote Interest" means: 1. That of a nonsalaried officer of a nonprofit corporation; 2. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; 3. That of a landlord or tenant of a contracting party; and 4. That of a holder of less than One percent of the shares of a corporation or cooperative which is a contracting party. 6 Exhibit to Ordinance 2786 A councilmember shall disclose the fact and extent of a remote interest for the official minutes of the city council prior to taking any action related to the interest and, thereafter, all action taken by the city council related to such interest shall be by a vote sufficient for the purpose without counting the vote of the councilmember having the remote interest. None of the provisions of this section are applicable to any official or employee interested in a contract, even if the interest is remote, if the official or employee influences or attempts to influence any other official or employee of the city to enter into the contract. D. Exemptions. Section 2.80.040 shall not apply in the following cases: 1. The furnishing of electrical, water or other utility services by a municipality engaged in the business of furnishing such services, at the same rates and on the same terms as are available to the public generally; 2. The designation of public depositaries for municipal funds; 3. The publication of legal notices required by law to be published by any municipality, upon competitive bidding or at rates not higher than prescribed by law for members of the general public; 4. The employment of any person for unskilled day labor at wages not exceeding $100 in any calendar month; 5. The letting of any other contract (except a sale or lease as seller or lessor) in which the total amount received under the contract or contracts by the official or employee (or official's or employee's business does not exceed $1,500 dollars in any calendar month (which amount shall be automatically adjusted if the amount in RCW 42.23.030 (6)(a) is modified). The official may not vote on the authorization, approval, or ratification of a contract in which he or she is beneficially interested even though one of the exemptions allowing the awarding of the contract applies. The interest of the official must be disclosed and noted in the official minutes or similar records of the city before the formation of the contract E. Restrictions After Leaving City. 1. No former official or employee may, within a period of one year from the date of termination of city employment, accept employment or receive compensation from an employer iff a. The officer or employee, during the two years immediately preceding termination of city employment, was engaged in the negotiation or administration on behalf of the city of one or more contracts with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration; 7 Exhibit to Ordinance 2786 b. Such a contract or contracts have a total value of more than ten thousand dollars; and c. The duties of the employment with the employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prohibit a city official or city employee from accepting employment with a city employee organization. 2. No person who has served as a city official or employee may, within a period of two years following the termination of city employment, have a direct or indirect beneficial interest in a contract or grant that was expressly authorized or funded by specific legislative or executive action in which the former city official or city employee participated. 3. No former city official or employee may accept an offer of employment or receive compensation from an employer if the official or employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, to influence the official or employee or as compensation or reward for the performance or nonperformance of a duty by the official or employee during the course of city employment. 4. No former city official or employee may accept an offer of employment or receive compensation from an employer if the circumstances would lead a reasonable person to believe the offer has been made, or compensation given, for the purpose of influencing the performance or nonperformance of duties by the official or employee during the course of city employment. 5. No former city official or employee may at any time subsequent to his or her city employment assist another person, whether or not for compensation, in any transaction involving the city in which the former city official or employee at any time participated during city employment. This subsection shall not be construed to prohibit any official or employee of a city employee organization from rendering assistance to city officers or city employees in the course of employee organization business. 6. As used in this section, "employer" means a person any employer or any other entity or business that the person owns or in which the person has a controlling interest 7. An official or employee may never disclose or use the city's privileged or proprietary information except to perform official duties. 2.80.050 Acceptance of gifts. A. Except for charitable contributions made to the city, or campaign contributions required to be reported under Chapter 42.17 RCW (Disclosure-Campaign Finances-Lobbying-Records), or as provided in 2.80.050 D, an official or employee may not receive, accept, take, seek, or 8 Exhibit to Ordinance 2786 solicit, or agree to receive, directly or indirectly, anything of economic value as a gift, gratuity, reward, or favor from a person (except from the city) for performing or omitting or deferring the performance of any official duty, or if it could be reasonably be expected that the gift, gratuity, or favor would influence the vote, action, or judgment of the official or employee, or be considered a part of a reward for action or inaction. B. Except as provided in Section 2.80.050 D, any and all gifts received by a city employee will be given immediately to the employee's supervisor with an explanation of the circumstances surrounding receipt of the gift. The supervisor or department head will return the gift to the sender with a written expression of thanks and an explanation of the city policy concerning gifts. A copy of the memo shall be sent to the manager. C. Except as provided in Section 2.80.050 D, any and all gifts received by an official will be returned immediately to the sender, with a written exPression of thanks and an explanation of city policy concerning gifts. A copy of the memo shall be sent to the manager. D. The prohibitions in this section do not apply as follows: 1. An officer or employee may accept an item or cash if it is regulated or reported under Chapter 42.17 RCW (Disclosure-Campaign Finances-Lobbying-Records). 2. No officer of employee may accept gifts with an aggregate value in excess of $50 from a single source in a calendar year or a single gift from multiple sources with a value in excess of $50, and only if it could be reasonably expected that the gift, gratuity, or favor would not influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction. For purposes of this section, "single source" means any person, corporation, or entity, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under Section 2.80.020. The value of gifts given to an official's or employee's family member shall be attributed to the official or employee for the purposes of determining whether the limit has been exceeded, unless an independent business, farnily, or social relationship exists between the donor and the family member. 3. The following are presumed not to influence the vote, action, or judgment of the official or employee, or be considered as part of a reward for action or inaction, so as to allow an official or employee to receive or accept them: a. Unsolicited advertising or promotional items of nominal value, such as pens and note pads. employees should endeavor to use such items in the workplace instead of taking them home. b. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item. 9 Exhibit to Ordinance 2786 c. Unsolicited items received for the purpose of evaluation or review, if the recipient has no personal beneficial interest in the eventual use or acquisition of the item. d. Informational material, publications, or subscriptions related to the recipient's performance of official duties. e. Food and beverages consumed at hosted receptions where attendance is related to the recipient's official duties. f. Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization. g. Those items excluded from the definition of gift in Section 2.80.020. h. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. i. Payments for seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution. j. Flowers, plants, and floral arrangements. The employee receiving the gift shall (1) notify the employee's supervisor of the gift, (2) take the item to a recognized relief agency, or alternatively, make the items available for the enjoyment of all employees in the employee's work area, and (3) send a thank-you card to the provider explaining what was done with the gift. k. Food and beverages on infrequent occasions in the ordinary course of meals where attendance is related to the performance of official duties. The presumption in this subsection is rebuttable and may be overcome by clear and convincing evidence based on the circumstances surrounding the giving and acceptance of the item. E. This section shall not apply to gifts made to the city. All such'gifts shall be given to the manager for official disposition. 2.80.060 Campaign activities. A. Officials and employees may participate in the political process only on their own time, and only outside of the workplace by assisting a campaign for the elections of any person to any office, or for the promotion of or the opposition to any ballot proposition. B. Officials and employees shall not use or authorize the use of the facilities or resources of the city for the purpose of assisting a campaign for the election of any person to any office, or for the promotion or opposition to any ballot proposition, except as may be authorized by law under 10 Exhibit to Ordinance 2786 the provisions of Chapter 42.17.130 RCW (Forbids Use of Public Office or Agency Facilities in Campaigns). C. This section does not prohibit any activity permitted or regulated under Chapter 42.17 RCW (Disclosure-Campaign Finances-Lobbying-Records). 2.80.070 Confidential information. A. No official or employee may accept emplOyment or engage in any business or professional activity that the official or employee might reasonably expect would require or induce him or her to disclose confidential information acquired by the official or employee by reason of the official's or employee's official position. B. No official or employee may disclose at any time confidential information gained by reason of the official's or employee's official position or otherwise use at any time the information for his or her personal gain or benefit or the gain or benefit of another, unless the disclosure has been authorized by the manager (or majority vote of the city council) or by terms of a contract involving (a) the city and (b) the person or persons who have authority to waive confidentiality of the information. C. An official or employee shall not use information acquired in confidence from a city customer, supplier, lessee or contractor for other than city purposes. D. This section does not prevent of official or employee from giving testimony under oath or from making statements required to be made under penalty of perjury or contempt. E. The manager shall determine, acting in the best interest of the city, whether information is confidential provided a majority of the city council may vote to release any information which is not by law required to be kept confidential. The types of information listed in RCW 42.17.310, certain personal records and other records exempt, are presumed confidential, unless the manager (or city council by majority vote) determines it is not. In any matter involving an advisory body, the presiding officer shall determine, acting in the best interests of the city, whether information is confidential, subject to approval by the manager or city council by majority vote. In any matter involving city employees, the higher-ranking person shall determine, acting in the best interests of the city, whether information is confidential, subject to approval by the manager. For example, a department head, meeting with employee B to discuss employee C's job performance, may determine that information discussed is confidential. 2.80.075 Councilmember Violation of RCW 35A.13.120 City Manager - Interference by council members. It is prohibited and a violation of this Code of Ethics for the council, or any of its committees or members, to violate RCW 35A. 13.120 - City Manager - Interference by council members. 11 Exhibit to Ordinance 2786 2.80.080 Board of ethics -- Complaints against a councilmember or manager -- Advisory opinions. A. Board - Membership. 1. Board Created. There is created and established a board of ethics for the City of Port Townsend. 2. Purpose and Duties. The purpose of this board of ethics is to issue advisory written opinions on the provisions of this Code and to investigate and issue written reports to the city council on any alleged violations of this Code by the manager, councilmembers, a member of a board or commission, all as set forth below. 3. Membership Appointment - Term. For each complaint or matter, a Board shall be constituted consisting of three members selected from members of City Boards and Commissions, to deal with the specific complaint or matter for which the Board is constituted, as follows: Upon receipt of a Complaint, the City Clerk shall by lottery select three names from persons serving on City Boards and Commissions. The person complained of shall be given an opportunity to observe the selection. The three names first chosen shall comprise the Board of Ethics for the particular complaint. On request made within 1 business day of being selected, a person selected may decline to serve (which decision should be based on good cause). The person complained against shall have two business days from the date a person is named to remove from the Board for any reason one of the selected persons. When any person selected declines to serve, or is removed, then the Clerk shall by lottery select another person to serve in the manner set forth above. No member shall be selected who has a personal, social, or business relationship with the person making the complaint or the person complained against. Any challenge based on the basis of relationship shall be asserted within two business days of the person being selected. If the person selected does not step aside, the other two named persons to the Board shall promptly decide if grounds exist for the named person to not serve, and their decision, which must be unanimous, shall be binding. There may be more than one Board constituted at one time if there is more than one matter. 4. Officers and Procedures. The board shall elect from its membership a presiding officer who shall be referred to as a chairman, chairwoman, or chairperson, as may be appropriate. The board may elect other officers as the board deems necessary. The board shall provide a manner for minutes and records of all meetings to be kept. The board shall adopt rules of procedure; provided, a majority of the board shall constitute a quorum for the transaction of business, and a majority of the quorum at attendance at any meeting shall be necessary to carry any proposition. 5. Meetings. A meeting of the board shall be held as the board deems necessary and advisable on 72 hours notice to all members, or otherwise as agreed by the board. 6. Staff. The manager shall provide staff, as he or she deems appropriate, to assist the board of ethics. The board may make request for staff to the manager and/or city council. 12 Exhibit to Ordinance 2786 7. Costs. The board is authorized to spend up to $2,000 for legal services in any one year without prior city council or city manager authoriZation. B. Specific Complaint Against the Manager, a Councilmember, or a Member of a Board or Commission: 1. Any person may submit a written complaint to the city clerk alleging one or more violations of this Code by the manager, a councilmember, or a member of a board or commission. The allegation must set forth specific facts with precision and detail, sufficient for a Determination of Sufficiency by the board. In addition, the complaint must set forth the specific sections and subsections of this Code that the facts violate, and the reasons why. Each complaint must be signed under penalty of perjury by the person or persons submitting it, must state the submitter's correct name, address at which mail may be personally delivered to the submitter, and the telephone number at which the submitter may be contacted. The city clerk shall promptly serve or mail, return receipt requested, a copy of the complaint to the individual complained against. 2. The city clerk shall submit that complaint to the board for Determination of Sufficiency of the complaint. A complaint cannot be sufficient unless it precisely alleges and describes unjustified acts which constitute a prima facie showing of a violation of a specific provision or provisions of this Code. The purpose of requiring that the complaint be sufficient is to ensure that the complaint is supported by identifiable facts, and to ensure that the complaint is not based on frivolous charges. 3. The board shall submit a written report with a finding of sufficiency or insufficiency within 10 days of its receipt of the written complaint. The Determination of Sufficiency by the board is final and binding, and no administrative or other legal appeal is available. If the finding is one of sufficiency of the complaint, then the complaint shall be investigated and reported as set forth below. 4.. The board shall conduct an investigation of the written complaint before it. The board shall begin the investigation no later than 10 calendar days after the Determination of Sufficiency of the complaint and shall conclude the investigation no later than 21 calendar days after it commences the investigation; unless a longer time period has been requested by the board and approved by the city council; provided, however, that the running of these time periods shall be tolled and the complaint proceedings shall be stayed in the event the board makes application to the city council for subpoena power or in the event the city council issues a subpoena and any person refuses to obey such subpoena. The stay of the complaint proceedings shall continue until such time as the subpoena is either issued or denied by the city council or until such times as a superior court issues an order on the subpoena. The board shall render a written opinion, setting forth its findings of fact and conclusions and opinion as to whether or not the individual against whom the complaint was filed has violated the Code. 5. The city council may issue subpoenas in response to the board's application for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation by the board or in connection with any hearing conducted by 13 Exhibit to Ordinance 2786 the board. The board shall request subpoena power by making a written application to the city council describing in detail the subject matter of the proposed subpoena and an explanation of why such information is reasonably necessary in order to conduct the board's investigation or hearing. The subpoena may be issued in the event the city council determines the subpoena request is reasonable. In the event any person disobeys a subpoena, the city council may invoke the aid of any Superior Court of the state. Such court may issue an order requiring such person to appear before the board, to produce documentary evidence, and/or to provide testimony, and any failure to obey such order may be punished by that court as contempt. 6. No report may be issued by the board unless a person or entity complained against has had an opportunity to present information of his, her or its behalf at a hearing before the board. 7. A copy of the written report shall be delivered to the city council, person complained against, and the complaining party within seven calendar days of conclusion of the investigation, unless a longer time period has been requested by the person complained against, and has been approved by the board or unless a longer time period has been requested by the board and has been approved by the city council. 8. In the event the written report provides that the individual against whom the complaint has been filed has violated the Code and the city councilmembers adopt this report by a majority vote, then the city council may take any of the following actions by a majority vote of the council: a. Admonition. An admonition shall be a verbal non-public statement made by the mayor to the individual (or deputy mayor if the individual is the mayor). b. Reprimand. A reprimand shall be administered to the individual by letter. The letter shall be prepared by the city council and shall be signed by the manager. If the individual objects to the content of such letter, he or she may file a request for review of the content of the letter of reprimand with the city council. The city council shall review the letter of reprimand in light of the report and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the city council shall be final and not subject to further review. c. Censure. A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the city council to receive the censure. Notice shall be given at least 20 days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within five days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the city council. Such a request will stay the administration of the censure. The city council shall review the proposed censure in light of the advisory opinion and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the city council shall be final and not subject to further review. If no such request is received, the censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not make any statement in support of or in opposition 14 Exhibit to Ordinance 2786 thereto or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required. d. Removal. In the event the individual against whom the complaint has been filed is a member of a city board, commission, committee, or other multi-member bodies appointed by the mayor with the approval of the city council, the city council may, by a majority vote, remove the individual from such board, commission or committee; provided, however, that nothing in this section authorizes the city council to remove a councilmember or the manager from his or her office. 9. Proceedings by the board when they relate to action involving a person shall be made in executive session, however, upon request of the person involved, the proceeding shall be open to the public. The complaint, the determination of sufficiency or no sufficiency, and written report of the board shall be considered public records. 10. Action by the city council shall be by majority vote. If the proceeding involves a member of the city council, the member does not vote on any matter involving the member. Action by the council may be in executive session, however, upon request of the person complained against, the meeting shall be open to the public. C. Advisory Opinions. 1. Upon request of any employee, the manager, or a member of the city council, the board of ethics may also render written advisory opinions concerning the applicability of the Code to hypothetical circumstances and/or situations solely related to the persons making the request. 2. Upon request of the manager, or two (2) members of the city council, the board of ethics may also render written advisory opinions concerning the applicability of the Code to hypothetical circumstances and/or situations related to a matter of city-wide interest or policy. D. Disclosure. The city shall release copies of any written reports resulting from an investigation of a complaint and any written Censures or reprimands issued by the city council in response to public records requests as consistent with Chapter 42.17 RCW (Disclosure- Campaign Finances-Lobbying-Records), and any other applicable public disclosure laws. 2.80.090 Complaints against employees and officials other than the manager, councilmembers, and members of advisory bodies. Any and all complaints regarding city employees and officials, except for the manager, councilmembers, and members of advisory bodies, shall be brought to the employee's supervisor, or manager. The supervisor, or appropriate individual as determined by the manager, shall investigate the complaint and recommend to the Manager appropriate action. Any action shall be determined by the manager, and a report thereof shall be made to the city council in executive session. 15 Exhibit to Ordinance 2786 2.80.100 Civil action for slander, libel, defamation not affected. Nothing in this Code affects the right of a person complained against to initiate a private legal proceeding for slander, libel, defamation or similar action in the event a complaint is filed which makes unfounded or frivolous allegations. 2.80.110 Liberal construction -- Limitation period -- Effective date. A. This Code shall be liberally construed to effectuate its purpose of protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct for city officials and employees, and to supplement existing laws that relate to the same subject. B. This Code shall be interpreted and applied a manner consistent with the maxim "de minimus non curat lex" ("the law does not concern itself with trifling matters") and to allow inadvertent minor violations to be corrected and cured without full hearing in conformance with the spirit and purpose of this Code. C. Any action taken under this Code must be commenced within three years from the date of violation. D. This Code shall take effect March 1, 2002. 16 Exhibit to Ordinance 2 786