In keeping with the policies declared by the state legislature in enacting codes of ethics for state officials, it is recognized that high moral and ethical standards among city officials are equally essential to the conduct of local and state government; that a code of ethics for the guidance of city officials is necessary in order to prevent conflicts of interest in public office, improve standards of public service, and promote and strengthen the faith and confidence of the people of the city in their governing body. The council ethics and administration committee will initially receive and process complaints or allegations of violations of the city of Richland's code of ethics.
(Ord. 432 § 1.01; Ord. 40-98)
"Public employee"
means all persons in the classified services as defined in RMC § 2.28.016.
"Public official"
means all elected city officials including the mayor and members of the city council, together with appointive members of city boards, commissions and committees and all other persons in the unclassified services as defined in RMC § 2.28.070.
"Special privileges or exemptions," and "personal interests"
relate to privileges, exemptions or interests which are peculiar to an individual, as distinct from the rights and interests of the public generally, or identifiable classes of the public.
(Ord. 432 § 1.01; Ord. 58-76 § 1.02; Ord. 3-97; Ord. 40-98)
No public official or public employee shall use his position to secure special privileges or exemptions for himself, his spouse, child, parents, other persons or employers. Nor shall any public official or public employee accept anything of value that may tend to influence him in the discharge of his duties, or which could have influenced him in the discharge of his past duties.
(Ord. 432 § 1.01; Ord. 58-76 § 1.03)
No public official or public employee shall engage in or accept private employment or render services for private individuals or entities or engage in any business or professional activity when the employment, service or activity is incompatible with the proper discharge of his official duties, or when it would require or induce him to disclose confidential information acquired by him by reason of his official position.
(Ord. 432 § 1.01; Ord. 58-76 § 1.04)
No public official or public employee shall, except as required in the performance of his duties, or in the course of any conduct reasonably believed to be in the performance of his duties, disclose confidential information gained by reason of his official position, nor shall he otherwise use the information for his personal interest. Confidential information shall include:
A. 
Personnel information applications, and any files maintained for city employees, appointees or elected officials;
B. 
Information required of any taxpayer or city license holder in connection with the assessment or collection of any tax or license fee if the disclosure of the information to other persons would tend to violate the taxpayer or licensee's right to privacy or may result in unfair competitive disadvantage to such taxpayer or licensee;
C. 
Specific intelligence information and specific investigative files compiled by investigative law enforcement and penology agencies and those state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;
D. 
Information revealing the identity of persons who file complaints with investigative law enforcement or penology agencies; except as the complainant may authorize;
E. 
Test questions, scoring keys and other examination data used to administer license, employment or civil service examination;
F. 
Except as provided by Chapter 8.26 RCW, the contents of any real estate appraisals made for or by any agency, including the city relative to the acquisition of property by the city until the project is abandoned or until such time as all of the property has been acquired, but in no event shall disclosure be denied for more than three years after the date of the appraisal;
G. 
Valuable formula, designs, drawings and research data obtained or produced by the city, its officers, employees and agents within five years of any request for disclosure thereof, when disclosure would produce private gain and public loss;
H. 
Preliminary drafts, notes, recommendations and intra-agency memorandums in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
I. 
Records which are relevant to a controversy to which the city or any of its officers, employees or agents is a party and would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts;
J. 
Any other information as is declared confidential by other specific statutes;
K. 
The confidential areas hereinabove listed shall be inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interest, can be deleted from the specific records sought.
(Ord. 432 § 1.01; Ord. 58-76 § 1.05)
A councilmember who has a financial or other private or personal interest in any ordinance, resolution, or other action pending before the city council shall disclose on the records of the council the nature and extent of the interest, and the interest as disclosed shall be incorporated in the minutes of the council's proceedings. This provision shall not apply if the councilmember disqualifies himself from participating in any discussion and vote on the matter under consideration. The disclosure shall include but shall not be limited to the following:
A. 
The name of any private business corporation, firm, or enterprise affected by the councilmanic action, of which the councilmember or the marital community is or has been during the preceding 12 months a shareholder, bondholder, secured creditor, partner, joint entrepreneur or sole proprietor, where the total value of the member's individual or undivided legal or equitable financial interests therein as the shareholder, bondholder, secured creditor, partner, joint entrepreneur or sole proprietor is, and at any time during the preceding 12 months has been, in excess of $1,000;
B. 
The name of any such private business or corporation, firm, or enterprise of which the member or his spouse is or has been during the preceding 12 months an officer, director, partner, attorney, agent or employee who, for services rendered during the preceding 12-month period or to be rendered in any such capacity has received or been promised compensation equaling or likely to equal an amount in excess of $1,000.
(Ord. 432 § 1.01; Ord. 58-76 § 1.06; Ord. 40-98)
Councilmembers will hereafter conduct themselves according to the following rules of conduct as they pertain to work for and on behalf of the city of Richland:
A. 
A councilmember shall maintain decorum and set an example for conduct when the councilmember represents the city. Councilmembers shall conduct themselves so as not to bring disgrace or embarrassment upon the city.
B. 
A councilmember shall always represent that opinions stated are the member's own and do not necessarily represent those of the council unless the council has voted and passed an ordinance, resolution or motion that so states the expressed policy.
C. 
If a councilmember writes to a citizen, the member may use city stationery. However, the form and language must clearly state that opinions are those of the writer unless the council has taken some official action. The councilmember shall sign his/her name as "mayor," "mayor pro tem" or "councilmember" as applicable.
D. 
A councilmember must obtain approval of the council by motion to represent the city to any organization if the city financially supports the organization.
E. 
A councilmember must obtain approval of the council by motion to attend any activity for which the city will pay $500.00 or more for travel and other expenses.
F. 
A councilmember shall not divulge the discussions held in executive session until or unless:
1. 
The discussions have become public by some other means of which the councilmember is not a voluntary participant;
2. 
The council itself has made the discussion public; or
3. 
The reason for secrecy has passed.
G. 
A councilmember shall make public any conflict of interest the member has with respect to any issue under consideration by the council. The nature of such conflict need only be described in terms that make clear the existence of a conflict. The councilmember shall not participate in discussions of the subject and shall not vote on it if:
1. 
The councilmember has a personal, financial or property involvement in the subject;
2. 
The councilmember has close professional or social ties to the participants; or
3. 
The ordinances of the city of Richland or the statutes of the state of Washington prohibit the member's involvement.
If the councilmember has only a casual association with the subject or parties, the member must state the relationship, and then may fully participate.
H. 
A councilmember shall not use his/her office for personal gain, especially financial gain, including particularly the acceptance of gifts and gratuities.
I. 
A councilmember shall not make false statements on which the council, city staff or other agencies rely to establish policy or make important decisions. A councilmember violates this rule if he/she knows it is untrue, or if the person has knowledge that would lead a reasonable person of ordinary prudence to conclude that the statement is untrue.
(Ord. 15-92; Ord. 40-98; Ord. 12-09)
Members of council-appointed boards, commissions and committees (hereinafter referred to as members) shall hereafter conduct themselves according to the following rules of conduct as they pertain to work for, and on behalf of, the city of Richland:
A. 
A member shall maintain decorum and set an example for conduct when the member represents the city. Members shall conduct themselves so as not to bring disgrace or embarrassment upon the city.
B. 
A member shall always represent that opinions stated are the member's own and do not necessarily represent those of the board, commission or committee of which he/she is a member unless the body has voted and approved a motion, resolution or other action supporting such statements.
C. 
All motions, resolutions, and other actions of boards, commissions, and committees shall be consistent with council policy unless the intent of such an action is to recommend a change in policy to the council.
D. 
A member may write letters on city stationery and direct other communications to citizens and others about matters related to the member's board, commission, or committee. However, the form and language must clearly state that opinions are those of the member unless the body or council has taken some official action. Such letters shall not promise or imply that the city or any of its subsidiary organizations will make any particular decision or undertake any particular activity. The member shall sign his/her name as "chairperson," "vice-chairperson" or "board/commission/committee member," as applicable, on written communications.
E. 
A member must obtain approval of the member's board, commission or committee, by motion, to represent the body to any other organization. The city council must approve if:
1. 
The purpose is to participate in decision making; and/or
2. 
The city will spend $100.00 or more; and/or
3. 
The member intends to travel outside the Tri-Cities area on city business.
F. 
A member shall not divulge the discussions held in executive session until or unless:
1. 
The board, commission or committee itself, or the city council has made the discussion public; or
2. 
The reason for the secrecy has passed.
G. 
A member shall make public any conflict of interest the member has with respect to any issue under consideration by the member's board, commission or committee. The nature of such conflict need only be described in terms that make clear the existence of a conflict. A member shall not participate in discussions of the subject and shall not vote on it if:
1. 
The member has a personal, financial or property involvement in the subject;
2. 
The member has close professional or social ties to the participants; or
3. 
The ordinances of the city of Richland or the statutes of the state of Washington prohibit the member's involvement.
If the member has only a casual association with the subject or parties, the member must state the relationship and then may fully participate.
H. 
A member shall not use his/her position for personal gain, especially financial gain, including particularly the acceptance of gifts or gratuities.
I. 
A member shall not intentionally make false statements on which his/her board, commission or committee, or the city council, city staff or other agencies rely in conducting the business of the city. A member violates this rule if he/she knows the statement is untrue, or if the person has knowledge that would lead a reasonable person of ordinary prudence to conclude that the statement is untrue.
(Ord. 40-98)
The following procedure will be implemented by the council ethics and administration committee when an alleged violation of the rules stated in RMC § 2.26.062 or § 2.26.063 occurs:
A. 
Any councilmember who believes that another councilmember, or member of a council-appointed board, commission or committee, has violated the council ethics rules, or any member of a board, commission or committee who believes another member of his/her board, commission or committee has violated the council ethics rules, shall submit a written statement of the purported violation to the council ethics and administration committee.
B. 
The committee shall review the violation to determine whether adequate reasons exist to bring formal charges. The violator shall remove himself/herself from the committee if a member and the council shall substitute another councilmember for the review.
C. 
The committee shall come to one of the following conclusions:
1. 
There is insufficient evidence to conclude that any particular violation has occurred. In this case, the committee shall keep any records confidential.
2. 
The committee concludes there may have been a violation, in which case the committee may call for full review by the council in executive session.
D. 
If the committee concludes there may have been a violation, the council shall classify the possible violation as major or minor in executive session. If the council determines that a minor violation has occurred, it shall pass an appropriate motion of censure at a public meeting. The violator may demand a public hearing for minor violations. A major violation shall result in a public hearing by the council. The council shall select one of its members to present its findings at the hearing. The violator shall neither conduct the meeting during the hearing nor shall the member present the findings. The council shall give the accused councilmember or board, commission or committee member adequate time to prepare a case and to present the case at the public hearing. Both the council and accused member shall present their own cases but they may be accompanied by counsel during the proceedings. The council presenter and the accused may present witnesses who shall present their evidence upon oath. After hearing the evidence, the council shall determine whether the purported violation was major, minor or whether there is insufficient evidence to determine that a violation occurred. If the council determines that a violation occurred, they shall also establish a penalty commensurate with the violation. The council may remove the violator from the positions of mayor or mayor pro tem, if applicable, as part of the penalty if they deem it appropriate.
(Ord. 15-92; Ord. 40-98)
The record of the committee's findings and other records made or filed under this chapter shall be open to public inspection unless such designation is inconsistent with some other provision of law or this chapter; provided, that the council ethics and administration committee, in the conduct of any hearing or proceeding within its power, may make reasonable orders necessary for the protection of individuals who may be incorrectly accused or who may be disproportionately harmed by premature disclosure; including orders that the committee's findings in a particular hearing shall not be open to public inspection pending the initiation of civil or criminal action by the city. However, the findings shall be made public within three days from the time they are rendered; and provided further, that no such order shall have the result of precluding any enforcement agency from taking action within its own jurisdiction.
(Ord. 432 § 1.01; Ord. 40-98)
If the findings of the committee disclose a violation of this chapter, the city attorney shall initiate appropriate action to effectuate the purposes of this chapter; provided, that if the findings of the committee disclose a violation by the city manager or city attorney, then the mayor shall initiate appropriate action to effectuate the purposes of this chapter. In that situation requiring special advice on matters of ethics, the council can convene an ad hoc citizen's committee to advise the city council.
(Ord. 58-76 § 1.09; Ord. 40-98)
A. 
Any public official or public employee who knowingly and willfully violates any provision of this chapter shall be guilty of a misdemeanor; provided, that the criminal sanctions herein set forth shall not apply to a violation of RMC § 2.26.050, its being the intent of the city council that openness and free disclosure, in appropriate situations, not be hampered through fear of possible prosecution. In addition to the penalties herein provided, violation may constitute a cause for suspension, removal from office or employment, or other disciplinary action, which may include restitution or judicial action for recovery of any loss to the city that resulted from violation of this chapter.
B. 
For the purpose of this section a public official or public employee acts knowingly or with knowledge when:
1. 
He is aware of a fact, facts, or circumstances or result described by this chapter; or
2. 
He has information which would lead a reasonable man in the same situation to believe that facts, circumstances, or results exist which are described by this chapter.
C. 
The element of willfulness is satisfied if a public official or public employee acts knowingly with respect to the material elements constituting a violation of this chapter.
(Ord. 432; Ord. 58-76 § 1.10; Ord. 4-85)
Any person who files with the council ethics and administration committee a false charge of misconduct on the part of any public official or public employee when the person knows it is false shall be guilty of a misdemeanor. In addition to the penalties herein provided any person convicted of a violation of this section shall also pay the costs and expenses of the committee's investigation.
(Ord. 432; Ord. 58-76 § 1.11; Ord. 4-85; Ord. 40-98)