It is the policy of the city that the private conduct and financial dealings of city officers and employees and candidates for city office shall present no actual or apparent conflict of interest between the public trust and the private interest.
(Ord. 1151 § 1, 1991)
A. 
"City officer or employee"
means every individual elected or appointed to an office or a position of employment in any city agency, department, board or commission, whether such individual is paid or unpaid.
B. 
"Compensation"
means anything of economic value, however designated, which is paid, granted or transferred, or is to be paid, granted or transferred for, or in consideration of, personal services to any person.
C. 
"Interest"
means direct or indirect pecuniary or material benefit accruing to a city officer or employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the city, except for such contracts or transactions which confer similar benefits to all other persons or properties similarly situated. For the purpose of this chapter, an officer or employee is deemed to have an interest in the affairs of:
1. 
Any person of the officer's or employee's immediate family, which is defined as husband, father, mother, brother, sister, son, daughter, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law and daughter-in-law;
2. 
Any business entity in which the officer or employee is an officer, director or employee;
3. 
Any business entity in which more than five percent of the total stock or total legal and beneficial ownership is controlled or owned directly or indirectly by the officer or employee; or
4. 
Any person or business entity with whom a contractual relationship exists with the officer or employee; provided, that a contractual obligation of less than $500.00, a commercially reasonable loan made in the ordinary course of business, or a contract for a commercial or retail sale, shall not be deemed to create an interest in violation of this chapter.
D. 
"Person"
means any individual, association, corporation or other legal entity.
(Ord. 1151 § 1, 1991)
No current city officer or employee shall:
A. 
Engage in any transaction or activity, which is, or to a reasonable person would appear to be, in conflict with or incompatible with the proper discharge of official duties, or which impairs, or to a reasonable person would appear to impair, the officer's or employee's independence of judgment or action in the performance of official duties, and fail to disqualify the officer or employee from official action where the conflict occurs;
B. 
Have a financial or other private interest, direct or indirect, personally or through a member of the officer's or employee's immediate family, in any matter upon which the officer or employee is required to act in the discharge of official duties, and fail to disqualify the officer or employee from acting or participating;
C. 
Fail to disqualify the officer or employee from acting on any transaction which involves the city and any person who is, or at any time within the preceding 12-month period has been, a private client of the officer or employee, or of the officer's or employee's firm or partnership;
D. 
Have a financial or other private interest, direct or indirect, personally or through a member of the officer's or employee's immediate family, in any contract or transaction to which the city or any city agency may be a party, and fails to disclose such interest to the appropriate city authority prior to the formation of the contract or the time the city or city agency enters into the transaction; provided, that this paragraph shall not apply to any contract awarded through the public bid process in accordance with applicable law;
E. 
Use the officer's or employee's official position for a purpose that is, or would to a reasonable person appear to be, primarily for the private benefit of the officer or employee, rather than primarily for the benefit of the city; or to achieve a private gain or exemption from duty or responsibility for the officer or employee or any other person;
F. 
Use or permit the use of any person, funds, or property under the officer's or employee's official control, direction or custody, or of any city funds or city property, for a purpose which is, or to a reasonable person would appear to be, for other than a city purpose; provided, that nothing shall prevent the private use of city property which is available on equal terms to the public generally (such as the use of library books or tennis courts); the use of city property in accordance with municipal policy for the conduct of official city business (such as the use of a city automobile, if in fact the property is used appropriately); or the use of city property for participation of the city or its officials in activities of associations of governments or governmental officials;
G. 
Except in the course of official duties, assist any person in any city transaction where the officer's or employee's assistance is, or to a reasonable person would appear to be, enhanced by that officer's or employee's position with the city; provided, that this paragraph shall not apply to the officer's or employee's appearance or representation on any matter in which the officer or employee has a proprietary interest, if not otherwise prohibited by ordinance;
H. 
Regardless of prior disclosure thereof, have a financial interest, direct or indirect, personally or through a member of the officer's or employee's immediate family, in a business entity doing or seeking to do business with the city, and influence or attempt to influence the selection of, or the conduct of business with, such business entity by the city;
I. 
Solicit or receive any retainer, gift, loan, entertainment, favor or other thing of monetary value from any person or entity where the retainer, gift, loan, entertainment, favor or other thing of monetary value has been solicited, received or given, or to a reasonable person would appear to have been solicited, received or given, with intent to give or obtain special consideration or influence as to any action by the officer or employee in an official capacity; provided, that nothing shall prohibit contributions which are solicited or received and reported in accordance with applicable law;
J. 
Disclose or use any privileged or proprietary information gained by reason of the officer's or employee's official position for the immediate or anticipated personal gain or benefit of the officer or employee or any other person or entity; 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;
K. 
Regardless of prior disclosure thereof, hold or acquire a beneficial interest, direct or indirect, personally or through a member of the officer's or employee's immediate family, in any contract which, in whole or in part, is or may be made by, through or under the supervision of the officer or employee, or which may be made for the benefit of the officer's or employee's office; or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person or entity beneficially interested therein, in violation of Chapter 42.23 RCW; or
L. 
Regardless of prior disclosure thereof, be beneficially interested, directly or indirectly, in any contract or transaction which may be made by, through or under the supervision of the officer or employee, in whole or in part, or which may be made for the benefit of the officer's or employee's office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract or transaction from any other person beneficially interested therein. This paragraph shall not apply to the furnishing of utility or other services by the city at the same rates and on the same terms as are available to the public generally.
(Ord. 1151 § 1, 1991)
A. 
No former city officer or employee shall, during the period of one year after leaving city office or employment:
1. 
Disclose or use any privileged or proprietary information gained by reason of city employment for personal gain or anticipated gain, or for the gain or anticipated gain of any person, unless the information is a matter of public knowledge or is available to the public on request;
2. 
Assist any person in proceedings involving the agency of the city with which the officer or employee was previously employed, or on a matter in which the officer or employee was officially involved or participated or acted in during the course of duty;
3. 
Represent any person as an advocate in any matter in which the officer or employee was officially involved while an officer or employee; or
4. 
Participate as a competitor in any competitive selection process for a city contract in which the officer or employee assisted the city in determining the project or work to be done or the process to be used.
B. 
A city officer who contracts with a former officer or employee for expert or consultant services within one year of the latter's leaving city office or employment, shall promptly inform the mayor about the agreement.
C. 
The prohibitions of subsections (A)(2) and (A)(3) above shall not apply to former officers or employees acting on behalf of a governmental agency unless such assistance or representation is adverse to the interest of the city.
(Ord. 1151 § 1, 1991)
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall be subject to the penalty set forth in PMC § 1.16.010.
B. 
The city, through its authorized agents, may initiate appropriate civil actions against any person who violates or fails to comply with any provision of this chapter.
C. 
Any employee whose conduct is determined by the mayor to be in violation of this chapter may be terminated from employment and/or temporarily suspended with loss of pay up to and including 30 days.
D. 
Any contract or transaction that is the subject of an official act or action of the city in which there is an interest prohibited by this chapter, or that involves the violation of a provision of this chapter, shall be voidable at the option of the city.
(Ord. 1151 § 1, 1991)