HomeMy WebLinkAbout3466•
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ORDINANCE NO. 3466
AN ORDINANCE of the City of Port Angeles, Washington, establishing a Code
of Ethical Conduct, and adding a new Chapter 2.78 to the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City wishes to establish a new chapter in the Municipal Code, Chapter
2.78, for Code of Ethical Conduct, as follows:
Chapter 2.78
City of Port Angeles
Code of Ethical Conduct
SECTIONS:
2.78.050 - Purpose
2.78.010 - Statement of policy
2.78.015 - Construction
2.78.030 - Definitions
2.78.040 - Application and jurisdiction
2.78.050 - Standards of conduct
2.78.060 - Filing a complaint
2.78.070 - Board of Ethics
2.78.080 - Penalties for noncompliance
2.78.090 - Where to seek review
2.78.100 - Severability
2.78.050 - Purpose
The purpose of this policy is to establish local standards of ethical conduct, consistent with the
standards of the Port Angeles community, that apply to every public official of the City. The
citizens and businesses of Port Angeles are entitled to fair, ethical and accountable local
government. This chapter is intended to clearly state behavioral expectations of the City's public
officials.
2.78.010 - Statement of policy
It is the policy of the City of Port Angeles to:
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Recognize the ethical and conduct rules established for municipal officials by provisions of State
Law. Uphold, promote and demand higher minimum standards of ethical conduct from the City's
public officials, whether elected or appointed.
Promote an environment of trust, integrity, respect and confidence.
Recognize integrity, impartiality, accountability, openness, honesty, and respect as core values of
ethical conduct for public officials of the City of Port Angeles.
2.78.015 - Construction
This Code of Ethical Conduct is supplemental to, and broader than, the ethical and conduct
standards established by State law, and shall be liberally construed to affect the purposes, values,
and policies stated herein.
2.78.030 - Definitions
The following words and phrases, as used in this chapter, unless the context clearly indicates
otherwise, shall have the following meanings:
A. "Application Process" At the first City Council meeting on every odd year, the City
Council will accept applications to be voted on and nine approved by a supermajority of the
Council. These applicants will make up the pool for which three preapproved applicants will be
chosen on an as needed basis to make the Board of Ethics for each case of an ethics complaint.
B "Board of Ethics" ("Board") means three (3) preapproved applicants voted on and
chosen by the supermajority of City Council members out of nine (9) preapproved applicants
who applied for and were chosen and authorized to hear and decide complaints of violations of
this Chapter pursuant to Section 2.78.070 PAMC and as that section may be hereinafter
amended. Each "Board of Ethics" chosen for a specific ethics complaint is considered a
temporary "Board of Ethics" assembled to hear a specific complaint and will disassemble when
finished with the specific ethics complaint and the preapproved applicants will remain in the pool
of preapproved applicants on the preapproved list for the remainder of his or her term and may or
may not be chosen by the Council for the next ethics complaint.
C "Business" means any corporation, partnership, sole proprietorship, firm, enterprise,
franchise, association, organization, self - employed individual, consultant, holding company,
joint stock company, receivership, trust, or any legal entity organized for profit.
D "City elected official" means any person who is elected to any public office of the City of
Port Angeles and any person appointed to fill a vacancy in any such office.
E "City employee" means a current or former City employee other than a public official.
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F "Compensation" means compensation in any form for real or personal property or
services of any kind.
G "Family" means any group of persons closely related by blood, as parents, children,
uncles, aunts, and cousins; or related by marriage.
H "Gift" means any voluntary transfer of real or personal property of any kind, or the
voluntary rendition of services of any kind, without consideration of equal or greater value.
I "Person" means any individual or corporation, business, or other entity, however
constituted, organized, or designated.
J "Public official" means any person who is elected or appointed to fill any public office
of the City of Port Angeles, or as a member of a City board, commission, committee, task - force,
or other multi- member body.
K "Remote interest" as defined in chapter 42.23.040 RCW, as now existing or as hereafter
amended.
L "Supermajority" means a majority of sixty percent or greater.
2.78.040 - Application
A. The following groups of people are bound by the Code of Ethical Conduct:
1. Current public officials.
2. Former public officials per section 2.78.050(D) PAMC.
B. This chapter does not apply to City employees. Separate codes of conduct and procedures
for handling complaints against City employees are managed by the applicable departments.
2.78.050 - Standards of conduct
Violation of any standards of ethics and conduct established by State law is a violation of this
chapter. In addition, the following standards of conduct shall constitute violations of this Code of
Ethical Conduct:
A. Personal gain or profit prohibited.
1. A public official shall not take part in any action, as the term is defined in chapter
42.30 RCW, concerning any contract, property, or other matter of any kind, in which the
public official, or his or her family, has a financial interest, or which otherwise creates a
conflict of interest.
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2. A public official shall not use his or her office or position for personal, or family,
gain or profit.
3. A public official shall not use City -owned property or City services for personal
or family gain or profit.
4. A public official shall not use information acquired in confidence from a City
customer, supplier, lessee, or contractor for other than City purposes.
B. Conflict of interest prohibited.
1. A public official shall not knowingly engage in activities that conflict, or have the
potential to create a conflict, with their performance of official duties. Examples of
conflicts, or potential conflicts, of interest include, but are not limited to, circumstances
where the public official:
a. Influences the selection or non - selection of or the conduct of business
between the City and any entity, corporation, business, person, or firm, having or
proposing to do business with the City if the public official has a financial interest
in or with any entity, corporation, business, person or firm, unless the public
official's interest is a remote interest and the public official complies with chapter
42.23.040 RCW.
b. Public officials in appearing before the City Council, or when giving an
official opinion before the City Council, shall not have a financial interest in any
legislation coming before the City Council and participate in discussion with or
give an official opinion to the City Council, unless such interest is a remote
interest and where the fact and extent of such interest is disclosed and noted on
the record of the City Council, or similar records of the City, prior to
consideration of the legislation by the City Council.
c. No public official shall appear on behalf of a private person, other than
himself or herself or an immediate family member or except as a witness under
subpoena, before any regulatory governmental agency or court of law in an action
or proceeding to which the City, or a City officer, or employee, in an official
capacity is a party, or accept a retainer or compensation that is contingent upon
specific action by the City.
d. No public official shall hold two or more public offices in the same or
related organizations.
e. No public official shall hold multiple offices if those offices are deemed
incompatible.
2. A public official must remove himself or herself from all discussion of and voting
on certain matters, including but not limited to:
a. Remote interests;
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b. Quasi-judicial matters that are subject to the Appearance of Fairness
Doctrine; and
c. Conflicts of interest recognized in common law.
C. Acceptance of Compensation, Gifts, Favors, Rewards, or Gratuity Prohibited.
1. No public official may, directly or indirectly, give or receive, or agree to give or
receive, any compensation, gift, favor, reward, or gratuity for a matter connected with or
related to the public official's services with the City of Port Angeles, except this
prohibition shall not apply to:
a. Attendance of a public official at a hosted meal when it is provided in
conjunction with a meeting directly related to the conduct of City business or
where official attendance by the public official as a City representative is
appropriate;
b. An award publicly presented in recognition of public service; or
c. Nominal promotional items including, but not limited to, items such as
ball point pens, calendars, or food items which cannot reasonably be presumed to
influence the vote, action, or judgment of the public official or be considered as
part of a reward for action or inaction.
2. No public official may, directly or indirectly solicit 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, no conflict of interest for the public
official shall be deemed to exist with respect to solicitation for campaign contributions
required to be reported under chapter 42.17 RCW or for charitable contributions.
D. Role of elected officials.
1. City- elected officials shall respect and adhere to the Council - Manager form of
government as outlined in chapter 35A.13 RCW. In this structure, the City Council
determines the policies of the City with advice, information, and analysis provided by the
public, boards, commissions, committees, task - force, multi- member body, and City staff.
Then, the City Manager is vested with the right and duty to implement and administer
such policies. City - elected officials shall not interfere with the administrative functions
of the City or the professional duties of City staff, or impair the ability of staff to
implement Council policy decisions, this includes, but is not limited to the following:
a. Interference with the supervision over the administration affairs of the
City; and
b. Interference with or attempts to influence the City Manager's exclusive
authority over personnel issues.
2. City- elected officials will base decisions on the merits and substance of the matter
at hand, rather than on unrelated considerations.
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3. City - elected officials will make decisions after prudent consideration of the
social, financial, and environmental impact including and taking into account the long-
term financial needs of the City.
E. Prohibited conduct after leaving the City.
1. For one (1) year after leaving the City, a public official may not hold or acquire a
beneficial interest, direct or indirect, in any contract made by, through, or with the City.
2. For one (1) year after leaving the City, a public official may not under their
supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from
any person interested in such a contract or transaction.
3. For one (1) year after leaving the City, a public official may not:
a. Assist anyone in proceedings involving the City where such public official
worked on a matter in which they were officially involved in the course of their
duties;
b. Represent any private person as an advocate on a matter in which they
were involved; or
c. Compete for a City contract when they were involved in determining the
scope of work or the selection process. A public official may never disclose or use
the City's privileged or proprietary information except to perform official duties.
F. Campaign activities prohibited. Public officials may participate in the political process
only on their own time, and only outside of the workplace, by working on campaigns for
the elections of any person to any office, or for the promotion of or the opposition to any
ballot proposition, and shall not use or authorize the use of the facilities of the City for
such purposes except as may be authorized by law under the provisions of chapter
42.17.130 RCW.
G. Disclosure of Confidential Information Prohibited. No public official shall disclose or
use any confidential, privileged, or proprietary information gained by reason of his or her
official position for a purpose which is for other than a City purpose; provided, that
nothing shall prohibit the disclosure or use of information which is a matter of public
knowledge or which is available to the public on request.
H. Destruction of public records prohibited. To assist with transparency, and abide by State
law, public officials will not discard, damage, or destroy the original copy of a public
record unless directed by the City Public Records Manager. They will also promptly
provide any records requested by the Public Records Officer as described in chapter 2.74
PAMC.
I. Financial disclosure. All persons presently required to file reports under the public
disclosure law of the State of Washington shall, upon assuming City office or position,
file with the City Clerk a true and correct copy of the completed report required to be filed
under State law.
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J. General Standards of Conduct.
Public officials shall comply with the laws, policies, rules, and procedures of the City.
Public officials shall not engage in any conduct or activities that reflect discredit on the
public officials, tend to bring the city into disrepute, or impair its efficient and effective
operation.
Public officials shall be honest, accurate, complete, and truthful in all matters dealing
with citizens and with other City Council members.
Public officials shall refrain from abusive conduct, personal chargers, and verbal attacks
upon the character or motives of other public officials, staff, or the public.
When in public, public officials shall explicitly state that any personal opinions do not
represent the City.
No public official shall commit any act of moral turpitude or dishonesty relating to his or
her duties or position as a public official. Conviction of a crime involving moral turpitude
is conclusive evidence of a violation of this Code of Ethical Conduct. Public officials
shall conduct themselves in a manner that will foster cooperation among citizens and
members of this City Council, showing respect, courtesy, and professionalism in their
dealings with one another.
Public officials shall not use language or engage in acts that demean, harass, or intimidate
another person.
Public officials shall conduct themselves toward the public in a civil and professional
manner that will foster public respect and cooperation.
Public officials shall not, unless expressly authorized, make any statements, speeches, or
appearances that could reasonably be considered to represent the views of the city or the
City Council.
2.78.060 — Filing a complaint
A. A complaint alleging a violation of this Code of Ethical Conduct by a current or former
public official shall be filed with the City Clerk.
1. The complaint must cite the specific violation of the Code of Ethical Conduct as
defined in the section 2.78.050 PAMC.
2. The complaint must include the signature, mailing address, and contact telephone
number of the individual submitting the complaint.
3. Any complaint filed shall be a record open and available to the public.
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B. The City Clerk shall notify the City Council of the alleged complaint. At the next regular
City Council meeting, the Council will assemble a Board of Ethics for disposition
pursuant to the procedures set forth in section 2.78.070 PAMC.
2.78.070 - Board of Ethics
A. Purpose. The Board of Ethics shall receive, investigate, and make recommendations for
disposition of a complaint brought under this Code of Ethical Conduct. The Board
shall continue in existence until it has completed disposition of the complaint(s) assigned
to it by the City Council. Once it has completed disposition of the complaint(s), the
Board shall dissolve. If another complaint is filed in the future, the City Council shall
then create another Board.
B. Composition.
1. The Board of Ethics shall be composed of members who are residents of the City,
represent a diverse set of backgrounds and interests. At least one member shall be a
former judicial officer or have expertise in ethics acquired through education or
experience. At least one other shall have experience in municipal government. City
employees may not serve as members of the Board. Board members shall serve without
compensation
2. Applications for membership on the Board shall be received by the City Council
at the first regular City Council meeting of the year on odd numbered years. After
reviewing the applications and considering additional information and interviews as the
City Council deems appropriate, the City Council, by vote of supermajority, may approve
those applicants eligible to serve on the Board.
3. The Board's meetings shall be open to the public in accordance with the Open
Public Meetings Act.
4. The City Attorney is designated to be the legal advisor for the Board, except the
City Attorney is not authorized to advise the Board in any matter if doing so would create
a conflict for the City Attorney under the Rules of Professional Conduct.
5. The City Council has the right to remove any person from the preapproved Board
of Ethics list for any cause voted upon by the supermajority of the Council.
6. The City Clerk shall serve as legal custodian of the Board's records in accordance
with all applicable laws; and
C. Duties and Powers of the Board.
1. Conduct hearings, as needed, to hear and decide specific cases in which a
violation of the Code of Ethical Conduct is alleged; and
2. Take the testimony of a person under oath, and receive for examination of any books
or papers relating to any matter under investigation; and
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3. When circumstances make it necessary to do so, retain outside legal counsel and
other experts, as needed, after solicitation of recommendations from the City Attorney
(unless the need to retain outside counsel is caused by a conflict involving the City
Attorney's Office); and
D. All opinions and recommendations of the Board shall be filed with the City Clerk and are
open to public inspection.
E. Complaint process of the Board of Ethics
1. The City Clerk, upon receiving an alleged complaint against a public official,
shall place the complaint item on the next Council agenda, shall acknowledge receipt of
the complaint, forward the complaint simultaneously to the person who is complained
against, and the City Attorney and City Council. The Council then will choose, by a
supermajority vote, three members to make up the Board of Ethics . The three shall be
chosen from the applicants found eligible to serve on the Board pursuant to the process
described in part B.2 of this section. The Board upon composition shall meet and review
the complaint as soon as practicable. After giving due consideration to the complaint:
The Board, upon receipt of the complaint, shall acknowledge receipt of the complaint,
forward the complaint simultaneously to the person who is complained against and the
City Attorney, and promptly meet and review the complaint. As soon as practicable after
giving due consideration to a complaint the Board shall either:
a. Dismiss the complaint based on any of the following grounds:
i. The complaint does not allege facts sufficient to constitute a
violation of the Code of Ethical Conduct; or
ii. The Board has no jurisdiction over the matter; or
iii. The failure of the complainant to cooperate in the Board's review
and consideration of the complaint; or
b. Determine:
i. The complaint alleges facts which, if found to be true, would be
sufficient to constitute a violation of the Code of Ethical Conduct; or
ii. Further information must be presented for the Board to determine
if a violation of the Code of Ethical Conduct has occurred.
2. In order to establish the factual record necessary for the Board to determine
whether a violation of the Code of Ethical Conduct has occurred, the Board can either
appoint an investigator to conduct an investigation of the facts or convene a hearing at a
future date certain.
a. If the Board appoints an investigator, the investigator shall complete the
investigation and prepare written findings within 60 days of the date the
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complaint was received by the Board, unless an extension is granted in writing by
the Board. Within ten business days of receipt of the investigator's written
findings, the Board shall convene to review the complaint and the findings of the
investigator. After due deliberation on the findings presented by the investigator,
the Board may take one of the following actions:
i. Determine no violation of the Code of Ethical Conduct has
occurred; or
ii. Make a preliminary finding of a violation of the Code of Ethical
Conduct has occurred. If the Board finds a violation of the Code of Ethical
Conduct has occurred, it shall issue preliminary findings of fact and
conclusions of law, and the person complained against shall have ten days
following the receipt of the Board's preliminary findings to request a
hearing before the Board to present any additional testimony, statements,
or documentary evidence, as may be relevant. After final deliberations, the
Board shall determine whether or not a violation of the Code of Ethical
Conduct has occurred.
3. After the Board has made its final determination under subsection E(1)(a) or
E(2)(a), the Board shall issue its written findings of fact and conclusions of law, along
with its recommended disposition (if applicable). The Board may, in addition, issue any
additional reports, opinions, or recommendations as it deems advisable under the
circumstances. The Board's conclusions shall be based on the preponderance of the
evidence standard.
4. Copies of the written findings of fact, conclusions, and recommended disposition of
the Board of Ethics shall be forwarded to the complaining party and the party complained
against at their last known addresses. Additional copies shall be forwarded to the
investigator, the City Attorney (or independent legal counsel), the City Council, and the
City Clerk.
F. Limitations on the Board of Ethics' power. The Board does not have the authority to
reverse or otherwise modify a prior action of a public official. If the Board finds a prior
action of a public official to have been performed in violation of the Code of Ethical
Conduct, the Board may advise the action should be reconsidered by the appropriate party
or parties.
G. Prohibited communications. After a complaint has been filed and during the pending term
of a complaint before the Board, no member of the Board may communicate directly or
indirectly with any party or other person about any issue of fact or law regarding the
complaint, except:
1. The members of the Board may obtain legal advice from the City Attorney or, in the
event of a conflict, with independent legal counsel.
2. The members of the Board may discuss the complaint at a lawfully conducted
meeting. Board deliberations concerning complaints are subject to exemption from the
Open Public Meetings Act, as permitted by law. If any person attempts to communicate
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with a Board member regarding the pending complaint, the Board member shall report the
substance of the communication to the Board on the public record at the next regular
meeting of the Board.
3. The Board shall not take testimony or comments from any person regarding a
complaint except as presented in an investigative report or in the course of a duly noticed
public hearing.
H. Statute of limitations. No action may be taken on any complaint which is filed later than
three years after a violation of the Code of Ethical Conduct is alleged to have occurred.
2.78.080 - Penalties for noncompliance
A. The Board may recommend and the City Council, as appropriate, may impose upon any
public official found, by a preponderance of the evidence, to have violated any provision
of the Code of Ethical Conduct any of or a combination of the following penalties.
1. A cease and desist order as to violations of the Code of Ethical Conduct;
2. An order to disclose any reports or other documentation or information requested
by the Board of Ethics.
B. Removal of member of board, commission, committee, task - force, or other multimember
body. In addition to any other penalties that may be imposed under this chapter, the City
Council may remove any appointed member of a City board, commission, committee,
task - force, or other multimember body. The recommendation of the Board of Ethics shall
be subject to review by the City Council. The City Council's final decision shall be based
on evidence in the record. The provisions of this section shall supplement any other
procedures required by the Port Angeles Municipal Code or other applicable state or
federal law for removal of such persons.
C. In addition to any other penalties set forth in this chapter, any current or former public
official against whom a complaint has been made and whom the City Council determines
to be found by a preponderance of the evidence to have violated the Code of Ethics may
be subject to any one or more of the following actions by a majority vote of the City
Council:
1. Admonition. An admonition shall be a verbal statement approved by the City
Council and made to the individual by the Mayor, or his or her designee, or if the
complaint is against the Mayor, the Deputy Mayor, or his or her designee. The statement
shall be included in the minutes of the City Council meeting at which it is approved.
2. 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 Mayor, or if the
complaint is against the Mayor, the Deputy Mayor. The letter shall be placed in the
minutes of the City Council meeting at which it is approved.
3. Censure. A censure shall be a written statement administered to the individual in
public during a regular City Council meeting. The statement shall be prepared by the City
Council and signed by the Mayor or, if the complaint is against the Mayor, the Deputy
Mayor. The action of the City Council shall be final and not subject to further review.
The censure shall be administered at the time and place set. It shall be given publicly.
The individual may appear but shall not make any statement in support of or in
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opposition thereto or in mitigation thereof A censure shall be deemed administered at the
time it is scheduled whether or not the individual appears. The statement shall be
included in the minutes of the City Council.
4. Removal. The City Council may not remove a City - elected official from office.
However, by a majority vote, the City Council may remove the individual from the
position of Mayor or Deputy Mayor, or from any City board, commission, committee,
task - force, or other multi- member body.
2.78.090 - Where to seek review
A. Cease and Desist Order. If ordered to cease and desist violating this Code of Ethical
Conduct, an affected party may seek review by writ of review from the Clallam County
Superior Court pursuant to chapter 7.16 RCW or other appropriate legal action.
B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code
of Ethical Conduct, an affected party may seek review by writ of review from the Clallam
County Superior Court pursuant to chapter 7.16 RCW or other appropriate legal action.
2.78.100 - Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this chapter.
Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 3 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five days after its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 6thday of November , 2012.
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MAYOR, CH''RIE KIDD
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ATTEST:
APPROVED AS TO FORM:
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ssa Hurd, Cit y Clerk William . Bloor
PUBLISHED: November 11, 2012
By Summary
G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2012\24 - CODE OF ETHICS 10 11 12 docx
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Summaries of Ordinances Adopted by the
Port Angeles City Council
On November 6, 2012
Ordinance No. 3465
This Ordinance of the City of Port Angeles, Washington, vacates a portion of alley right -of -way
in Port Angeles, Clallam County, Washington.
Ordinance No. 3466
This Ordinance of the City of Port Angeles, Washington, establishes a Code of Ethical Conduct,
and adds a new Chapter to the Port Angeles Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through
Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall
take effect five days following the date of publication by summary.
Publish: November 11, 2012
Janessa Hurd
City Clerk