The purpose of this policy is to establish and affirm the City of Kenmore's commitment to the highest standards of legal and ethical conduct in its public service, to provide employees guidance on core ethics and standards, and to encourage employees to seek further clarification and guidance should questions of ethical conduct arise.
Category: Administration | Policy No.: A-1 |
Subject: Code of Ethics | Date Issued: 8/1/2023 |
Staff Contact: City Manager | Last Updated: 8/1/2023 |
A.
The City of Kenmore upholds, promotes, and requires the highest standards of ethics from its employees for personal integrity, truthfulness, honesty, respect, equity, and fairness in carrying out their public duties. Employees must avoid any improprieties in their roles as public servants and must never use their City position or authority for personal gain or in breach of the public trust. Employees shall conduct their personal and professional business and dealings in a manner that shall present no perceived or actual conflict of interest between the public interest and an employee's private interest.
B.
Each City employee is assumed and expected to act in accordance with all laws and codes of ethics that may apply to their position. Further, each employee is expected to avoid even an appearance of impropriety in the conduct of their office or business.
C.
Each employee is expected to read, understand, and comply with this Code of Ethics. Employees may read and study this Code of Ethics, as well as the Personnel Policies and other administrative policies and procedures, on City time (within reason, and in a manner that does not interfere with their performance of their regular job duties). The City will hold trainings and discussions on this Code of Ethics from time to time.
D.
This Code of Ethics has been developed in coordination with the Personnel Policies Manual. If any portion of this policy is found to be not consistent with the Personnel Policies Manual, the Personnel Policies Manual shall govern. Questions regarding this policy's interpretation are encouraged and should be brought to the Department Head and Human Resources.
A.
Ethical conduct includes, but is not limited to:
▪ | Acting at all times in the best interests of the community and organization we serve. |
▪ | Demonstrating excellence, integrity and responsibility in our work. |
▪ | Adhering to the laws of the United States, the State of Washington and the City of Kenmore. |
▪ | Treating coworkers and members of the public with kindness and respect. |
▪ | Providing honest, accurate, timely and complete information. |
▪ | Identifying problems and helping create solutions. |
▪ | Following City and Department policies, procedures and rules. |
▪ | Reporting improper governmental or workplace conduct. |
▪ | Keeping our coworkers safe from unlawful or unethical retaliation. |
▪ | Abstaining from decisions that could result in a direct benefit to the employee or the employee's relative or co-habitant. |
B.
All employees of the City shall:
▪ | Read and understand this Code of Ethics. |
▪ | Follow appropriate ethical behaviors as specifically set forth in the Code of Ethics and the City's Personnel Policies Manual. |
▪ | Seek guidance in resolving ethical questions, issues or concerns from their supervisor, Department Head, Human Resources, or the City Manager (who may in turn seek counsel from the City Attorney). |
▪ | Report to their supervisor, Department Head, Human Resources, City Manager or, if the concern involves the City Manager's Office, the City Attorney's Office any conduct by other City employees which may violate this Code of Ethics or the City's Personnel Policies Manual. |
C.
Additionally, supervisors of the City shall:
▪ | Monitor and ensure compliance with this Code of Ethics and other Personnel Policies. |
▪ | Set an example of ethical conduct. |
▪ | Deal effectively with ethics questions and concerns that arise in their area. |
▪ | Prohibit retaliation against any employee who in good faith reports or supplies information about, or assists an investigation into, an ethics concern. |
A.
The City and its employees shall comply with RCW 42.23, Code of Ethics for Municipal Officers—Contract Interests. Employees shall represent the City in an honest and ethical manner. Employees have an obligation to avoid conflicts of interest or any activity which could give the appearance of a conflict of interest. It is not possible to describe all of the situations that may cause or give the appearance of a conflict of interest. Examples of conflicts of interest include, but are not limited to:
1.
Receiving or having any financial or other beneficial interest in any sale to the City of any service or property; participating in property purchase or sale negotiations on behalf of the City while at the same time having a personal interest in acquiring or selling the property.
2.
Soliciting, accepting or seeking anything of economic value as a gift, gratuity, or favor from any person, firm or corporation involved in, or which has the potential to be involved in, a contract or transaction with the City;
3.
Participating as a City employee in the making of a contract in which the employee has a private pecuniary interest, direct or indirect;
4.
Influencing the City’s selection of, or its conduct of business with, a corporation, person or firm if the employee has financial or other beneficial interest in or with the corporation, person or firm;
5.
Engaging in or accepting private employment, or rendering services for private interest when such employment or service is incompatible with the employee’s proper discharge of their official duties or would tend to impair independence of judgment or action in the employee’s performance of their official duties;
6.
Appearing on behalf of a private person, other than the employee themself 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 in an official capacity is a party, or accepting a retainer or compensation that is contingent upon a specific action by the City;
7.
Disclosing or using, without legal authorization, confidential information concerning the property or affairs of the City to advance a private interest;
8.
Using the City’s name, account or credit to purchase merchandise for personal use or profit.
9.
Providing an official opinion or recommendation to the City Council when the employee has a direct personal or financial interest in the City Council’s decision (excluding any general impacts the City Council’s decision may have upon the employee as a resident of or property owner in the City).
10.
Holding, directly or indirectly, for purposes of personal financial gain, investment or speculation, any interest in real property situated within the City, if such employee in the course of their official duties performs any function requiring the exercise of discretion on behalf of the City in regard to the regulation of land use or development; provided, that this prohibition shall not apply to:
B.
Appearance of Conflict. If it could appear to a reasonable person, having knowledge of the relevant circumstances, that a conflict of interest exists in connection with an employee’s official duties because of either the employee’s (i) personal or business relationship(s) or (ii) transactional or business activities, the employee shall make a public written disclosure of the facts giving rise to the appearance of a conflict before participating in the matter.
A.
No City employee shall use (or request or permit the use of) City owned vehicles, buildings, computers, equipment, materials, facilities, or other City-owned property for personal use or profit. Use of City property is strictly restricted to City business, except as such property is available to the public generally, or as otherwise expressly and clearly authorized in advance by the City Manager, consistent with state law.
B.
Use of City facilities, equipment, vehicles, and electronic resources is further addressed in Chapter 8 of the Personnel Policies Manual.
Personnel Policies Manual Chapter 8 addresses outside employment.
A.
City employees may not accept gifts of cash (or cash equivalent, such as check, gift card and electronic transfers) in any amount that has any connection with the employee’s performance of their official duties. City employees may not, by virtue of their public office, take any special advantage of favors, services, or opportunities for personal gain, which are not available to the public in general. Except as set forth below, City employees may not, directly or indirectly, give or receive, or agree to receive, or ask for, any compensation, gift, reward or gratuity from a source for performing any official duty (other than from the City in connection with the employee’s official duties). Forms of “gifts” include cash, cash equivalents, property, services, discounts, loan forgiveness, payment of indebtedness, reimbursements from or payments by a source other than the City for expense reimbursement, or anything else of value in return for which legal consideration of equal or greater value is not given and received.
B.
Notwithstanding the foregoing, City employees may accept the following:
1.
Non-personal and non-financial items of minimal value. “Minimal value” items are those that do not exceed $20 in value per occasion or $50 in aggregate from a single source in any given calendar year. Examples of “minimal value” items include pens, calendars, notepads, raffles or drawings at professional events and promotional items received at a conference, class or seminar. “Single source” means any person, corporation or entity, whether acting directly or through any agent or other intermediary.
2.
Any contribution under Chapter 42.17 RCW (Disclosure – Campaign Finances – Lobbying – Records), subject to the reporting requirements therein.
3.
Any informational or promotional material transferred for the purpose of informing the recipient about matters pertaining to official City business, and that is not intended to financially benefit the recipient.
4.
Any symbolic presentation or award that is of minimal value or that otherwise has no independent market or transferable value, such as a plaque.
5.
Things of value received in the normal course of private business or social interaction or from family that are not related to public policy decisions or City actions.
6.
Payments 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 are exempt. 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.
The acceptance of a donation on behalf of the City pursuant to City Council rules regarding acceptance of donations.
8.
Admission to, and food and beverages consumed at, City-business-related events sponsored by or in conjunction with a civic, charitable, governmental, professional or community organization. Such events shall be attended on City business and shall be logically connected to furtherance of the City’s functions and goals.
C.
If an employee receives an improper gift, they should either immediately return the gift to the giver or give the gift to their immediate supervisor with an explanation of the receipt. If possible, the supervisor shall return the gift to the sender with a brief thank you letter and an explanation of the City policy concerning gifts. If the supervisor cannot return the gift, the supervisor shall, in consultation with the City Attorney, pursue other options, including disposing of the gift, making the gift available to the public, or surplussing the gift to an appropriate nonprofit organization that serves Kenmore’s residents. If the gift is not suitable for return, such as flowers or food items, the supervisor shall then place the gift in an area where it may be enjoyed by all employees and members of the public, such as a customer service counter.
Employees, by virtue of their public office or in their role as City employees, may not allow current or potential consultants, vendors, real estate developers, or contractors to buy them lunch or any other meal, unless such meal is being provided broadly to others, such as at a training class or conference. Employees may buy meals for each other, though employees buying meals for their supervisors is discouraged. Employees may also buy meals for and receive meals from colleagues in other public or nonprofit agencies, provided there is no conflict of interest or appearance thereof. For further guidance on meals, see Chapter 5 of the Personnel Policies Manual.
A.
Employees shall not knowingly use their office or position for personal or family gain or profit. Employees shall not use City-owned property or City services (e.g. phones, computers, cars, data, programs, labor, etc.) for personal or family gain or profit.
B.
Employees shall not use information acquired in confidence from any City customer, supplier, lessee, or contractor for other than City purposes.
A.
Personnel Policies Manual Chapter 3 addresses the employment of relatives (nepotism).
B.
In addition, the City may refuse to employ relatives of City supervisors and managers as suppliers, vendors and/or any other relationship affiliated with the City where such relationship may result in a perceived or actual conflict of interest and/or to protect confidential information.
Personnel Policies Manual Chapter 8 regulates political activities of City employees. Also refer to RCW 42.17A.555.
A.
Most forms of solicitation on City property or during work hours are prohibited. The City Manager may, in their sole discretion, make exceptions to this policy when it is determined to serve a public interest and be in the best interest of the City (e.g., community food drive). Employees may solicit other employees to charitable or non-profit community, youth or educational fundraisers so long as it does not cause undue disruption in the work environment. Employees shall not use City resources (e.g., computer, printer, copier) to design or print flyers, posters, or other materials for these solicitations made by employees. The use of City facilities or equipment to solicit contributions requires prior authorization by the City Manager.
B.
Employees may donate to a charitable nonprofit organization of their choosing through their payroll deductions. The City may allow nonprofit organizations serving broad, non-religious and non-political purposes (e.g. United Way) to provide information to employees and occasionally present at employee meetings, provided that employee participation is completely voluntary and there is no pressure to contribute or participate.
The City will promptly respond to and investigate allegations of violations of this Code of Ethics. See complaint procedures in Chapter 8 of the Personnel Policies Manual.
Improper government action and Whistleblower Protection policies are provided in Chapter 8 of the Personnel Policies Manual. Also refer to Chapter 42.40 RCW.
Employees found to be in violation of this Code of Ethics will be subject to discipline, up to and including termination. See Chapter 9 of the Personnel Policies Manual.