Chapter 2.62


2.62.010    Declaration of policy.

2.62.020    Definitions.

2.62.030    Use of public property.

2.62.040    Conflict of interest.

2.62.050    Adoption of RCW by reference – Exceptions.

2.62.060    Penalties.

2.62.010 Declaration of policy.

This chapter is enacted to establish guidelines for ethical standards of conduct which shall govern the performance of city elected and appointed officials and employees in the conduct of city business and to prevent potential conflicts of interest. (Ord. 927 §1 (part), 1991).

2.62.020 Definitions.

Terms as used in this chapter, unless additional meaning clearly appears from the content, shall have the following meanings:

A. “Elected official” means the members of the city council and the mayor of the city.

B. “Appointed official” means any person appointed to a position on a city board or commission.

C. “Employee” means any person holding a regularly compensated position of employment with the city, but does not include members of the city council, the mayor, and appointed persons who serve on city boards and commissions.

D. “Official” means all elected officials, appointed officials, and employees of the city.

E. “Interest” means direct or indirect pecuniary or material benefit accruing to a city official 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 and/or property similarly situated. For the purposes of this chapter, an official is deemed to have an interest in the affairs of:

1. Any person of the official’s immediate family;

2. Any business entity in which the city official is an officer, director, or employee;

3. Any business entity in which the stock of or legal or beneficial ownership of, in excess of five percent of the total stock or total legal and beneficial ownership, is controlled or owned directly or indirectly by the city official;

4. Any person or business entity with whom a contractual relationship exists with the city official; provided that, a contractual obligation of less than $500, or a commercially reasonable loan made in the ordinary course of business or a contract for a commercial retail sale shall not be deemed to create an interest in violation of this chapter.

F. “Contract” shall include any contract, sale, lease, or purchase.

G. “Immediate family” includes spouses, parents, children, sisters, brothers, and any person related by blood to the city official and living in the same household as the city official. (Ord. 927 §1 (part), 1991).

2.62.030 Use of public property.

No city official shall request or permit the use of city owned vehicles, equipment, materials or property for personal convenience or profit. Use is to be restricted to such services as are available to the public generally, for the authorized conduct of official business, and for such purposes and under such conditions as are directed by the city administrator. (Ord. 927 §1 (part), 1991).

2.62.040 Conflict of interest.

No city official shall engage in any act which is in conflict with, or creates an appearance of conflict with, the performance of official duties. A city official is deemed to have a conflict of interest if the official:

A. Solicits, accepts, or seeks anything of economic value as a gift, gratuity, or favor from any person, firm or corporation involved in a contract or transaction which is or may be the subject of official action of the city; provided, that the prohibition against gifts or favors shall not apply to:

1. Attendance of an official at a hosted meal or reception when it is provided in conjunction with a meeting related to the conduct of city business or where attendance by the official as a city representative is appropriate;

2. Any gift which would have been offered or given to the official if he or she were not an official; or

3. Any gift that is an unsolicited item of nominal intrinsic value;

B. Participates in his or her capacity as a city official in the making of a contract in which he or she has a private pecuniary interest, direct or indirect, or performs in regard to such a contract any function requiring the exercise of discretion on behalf of the city;

C. Influences the city’s selection of, or its conduct of business with, a corporation, person, or firm having business with the city if the official has an interest in or with the corporation, person, or firm;

D. Engages in, accepts private employment from or renders services for private interest when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties;

E. Appears on behalf of a private person other than his or her self 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 official in an official capacity is a party, or accepts a retainer or compensation that is contingent upon a specific action by the city;

F. Discloses or uses without legal authorization, confidential information concerning the property or affairs of the city to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the city;

G. Has a financial or personal interest in any legislation coming before the city council and participates in discussion with or gives an official opinion to the city council unless the official discloses on the record of the council the nature and extent of such interest. (Ord. 927 §1 (part), 1991).

2.62.050 Adoption of RCW by reference – Exceptions.

RCW Sections 42.23.030 and 42.23.040 as the same exist now or may be hereafter amended are hereby adopted by reference and the provisions of these statutes shall apply to the conduct of all city officials. The exceptions and remote interests as set forth in these statutes shall be exceptions to the provisions of Section 2.62.040. (Ord. 927 §1 (part), 1991).

2.62.060 Penalties.

A. The violation or failure to comply with any of the provisions of this chapter is declared to be a misdemeanor punishable as set forth in Section 9.01.050 of the Chelan Municipal Code.

B. Any employee whose conduct is determined by the city administrator to be in violation of this chapter may be subject to disciplinary action including termination.

C. Any appointed official who violates or fails to comply with any provisions of this chapter may be discharged by the appointing authority.

D. Any elected official who violates or fails to comply with any provisions of this chapter may forfeit his or her elected office.

E. Any contract or transaction which is the subject of an official act or action of the city in which there is an interest prohibited by this chapter or which involves the violation of a provision of this chapter shall be voidable at the option of the city. (Ord. 927 §1 (part), 1991).