Loading...
HomeMy WebLinkAbout3466• • 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: 1 • • 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. 2 • • 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. 3 • • 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; 4 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. 5 • • 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. 6 • • 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. 7 • • 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 8 • 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 9 • 1 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 10 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 11 • • 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. 12 Ciull 1 MAYOR, CH''RIE KIDD • • ATTEST: APPROVED AS TO FORM: 5 •A' 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 13 • • 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