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Home My WebLink About4316 4<3/& AN ORDINANCE revising the code of ethics for City officials and employees; and repealing Chapter 2.96 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Repeal, New Chapter. Chapter 2.96 of the Bremerton Municipal Code is hereby repealed and a new chapter adopted to read as follows: 2.96.010 PURPOSE. The proper operation of democratic government requires public confidence in the integrity of its officials. As a cornerstone to open and responsive government, this Ethics Code sets standards for all city officials, officers and employees. It serves as a restatement of state codes and additional standards in areas of municipal operations where public trust is served by clear definition of expected behavior. 2.96.020 DEFINITIONS. (a) Confidential Information - Any information gained during the course of employment which is not a matter of public knowledge or available to the public upon request. (b) Immediate Family - Husband, wife, father, mother, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law. (c) Public Officer or Employee - Any person, officer or employee holding a position by election, appointment or employment in the service of the City, whether paid or unpaid, including members of any board, committee or commission. (d) Quasi-judicial Proceedings - Those actions which determine the legal rights, duties or privileges of a specific 1 party in a hearing or contested proceeding. They do not include legislative actions of area-wide significance or which affect the public generally. 2.96.030 IMPARTIAL TREATMENT. (a) Incompatible service: No public officer or employee shall accept private or public employment or render service for any business entity when such employment or service is incompatible with a public position or office because it would impair or reasonably appear to impair independence of judgment or action in performance of official duties. (b) Promoting ballot issues: No public officer or employee shall use or authorize the use of facilities, supplies, equipment or employee time for the purpose of assisting the promotion or opposition of any candidate or ballot proposition, unless an exception is provided by RCW 42.17.130 for elected officials or for the normal and regular activity of a city office. (c) Fairness: No public officer or employee shall grant any special consideration, treatment or advantage to any citizen beyond that which is authorized and available to every other citizen under like circumstances. (d) Appearance of fairness: No public officer or employee with decision-making authority shall participate in or influence any pending quasi-judicial proceeding who: (1) Has a financial interest in the matter; (2) Has pre-judged the merits before hearing; or (3) Has a personal bias for or against any party affected by 2 the action. Provided, however, An officer may participate under the exceptions provided under Chapter 42.36 RCW. Any contacts with an affected party by a decision-making official regarding a pending quasi- judicial proceeding is prohibited unless disclosure is made on the record pursuant to RCW 42.36.060. 2.90.040. CONFLICT OF INTEREST. (a) Gifts: No officer or employee shall solicit or accept gifts, services, information or anything of monetary value on more favorable terms than granted to the public generally, from any person, firm or corporation dealing with the City. This prohibition against gifts or favors shall not apply to: (1) Occasional non-monetary gifts of insignificant value, (2) A non-monetary award presented in recognition for public service, or (3) Any gift of which would have been offered or given if the recipient were not an official or employee, (4) Political contributions reported according to law. (b) Public property and privilege: No public officer or employee shall use or permit the use of City-owned vehicles, equipment, materials or property for personal use or profit; nor use his or her position to obtain special privilege, benefit or opportunity not granted to the public generally; Provided, however, This prohibition shall not apply if the use or privilege is authorized through a Council approved contract, personnel policy or 3 ordinance. (c) Interest in contract or transaction: No public officer or employee shall be beneficially interested, directly or indirectly, personally or through a member of his or her immediate family, in any contract which may be made by, through or under the supervision of such officer; or which would be made for the benefit of his or her office. This section shall not apply to those remote interests of the officer or employee set forth in RCW 42.23.030 and 42.23.040. 2.96.050 CONFIDENTIAL INFORMATION. (a) Disclosure of information: No current or former public officer or employee shall use or disclose confidential information or use such information to advance the financial or other private benefit of the officer or employee or others, except to establish a claim or defense on behalf of the employee in a controversy between the employer and the City, to establish a defense to a criminal charge or civil claim against the employee, or pursuant to court order. (b) Appearances: No public officer or employee shall appear on behalf of any private person, other than himself or herself, his or her spouse or minor children, before any City administrative agency. However, a member of the Council may appear before City agencies on behalf of his or her constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civic obligations. 2.96.060 ADDITIONAL VIOLATIONS. The following conduct shall 4 be deemed additional violations of this chapter: (a) To knowingly file a false charge or complaint of a violation of this ethics code, (b) To induce or coerce or attempt to induce or coerce anyone into violating a provision of this ethics code, (c) To knowingly commit or allow any breach of confidentiality required by this ethics code. (d) To retaliate or engage in reprisals against any person making a complaint of violations of this ethics code. 2.96.070 ENFORCEMENT. (a) Any person who believes that a violation of any portion of this code has occurred may file a complaint with the employee's department head and the Mayor; or in the event the complaint involves the department head, or a member of a board or commission, the complaint may be filed with the Mayor and the City Council. If violations are alleged against a council member or the Mayor, all remaining elected officials shall sit on a committee of the whole to make a determination of whether a violation has occurred. However, nothing in this code shall be construed to prevent complaints from being filed directly with the appropriate enforcement agency for violation of other laws. A meeting of a committee of the whole shall be chaired by the Council President or, in the alternative, the Council Vice President. In any vote taken at such meeting, each member of the committee shall be entitled to one vote of equal weight. (b) Complaints shall be filed in writing and the person 5 filing the complaint shall provide sufficient facts such as dates, times and other details necessary to conduct an effective investigation of the complaint. Complainants may request their name not be disclosed pursuant to RCW 42.17.310(e). (c) If the investigation determines there is reasonable cause to suspect improper conduct, the accused person or persons shall be provided with a copy of the complaint. The responsible official(s) will promptly perform, or arrange for, an investigation of the complaint in cooperation with the City Attorney and Mayor and take appropriate personnel action if a violation is established. A written finding shall be submitted to the complainant, the City Attorney, and to the accused. (d) The complainant and all persons involved in investigation shall observe strict confidentiality as to the complaint and alleged violator, until the investigation is complete. Confidentiality after completion shall be maintained unless the complaint or finding is released through a Public Disclosure Request filed with the city Attorney. (e) The City Council, taking into account the interests of the City and any third persons who may be injured thereby, may administratively direct the City Attorney to bring civil action or proceeding at law or in equity for a judgment enjoining any violation of the provisions of this ordinance or requiring the relinquishment of any prohibited interest or payment of damages. 2.96.080 PENALTY. Any violation of this chapter shall be punishable as a misdemeanor. However, this section shall not be 6 construed to limit prosecution for violations of state law which govern similar conduct, or the pursuit of civil remedies. In addition to criminal penalties, violators shall pay a civil penalty of Five Hundred Dollars ($500.00) or three (3) times the economic value of anything received in violation of this chapter, whichever is greater. Any monetary penalty assessed civilly shall be placed in the City's general fund. 2.96.090 DISTRIBUTION OF CODE OF ETHICS. The City Clerk shall cause a copy of this Code of Ethics to be distributed to every public officer and employee of the City within thirty (30) days after enactment of this code. Each public officer and employee elected, appointed or engaged thereafter shall acknowledge receipt of a copy before entering service. APPROVED by the City Council on the first reading this ~ day of ~ ~~,." , 1991. PASSED by the City Council of the City of Bremerton this ~/~ day of ~/: , 1991. Council President APPROVED this /~ day of ~ ~/~ , 1991. LOUIS MENTOR, Ma~or 'KATHLEEN L.~cCLUSKEY, Clerk