Chapter 3.82


3.82.010    Declaration of policy.

3.82.020    Definitions.

3.82.030    Use of public property.

3.82.040    Conflict of interest.

3.82.050    Violation—Penalty.

3.82.010 Declaration of policy.

This chapter is enacted to establish guidelines for ethical standards of conduct which shall govern the performance of city employees in the conduct of public project work and other city business, and to prevent potential conflicts of interest. (Ord. 2824 § 1, 1984)

3.82.020 Definitions.

Definitions, as used in this chapter, unless additional meaning clearly appears from the content, shall have the meaning subscribed:

(1)    “Employee” means any person holding a regularly compensated position of employment with the city, but does not include members of the city council and persons who serve without compensation on city boards and commissions.

(2) “Relative” means spouse or domestic partner, child, step-child, parent, step-parent, parent-in-law, grandparent, grandchild, sibling, aunt, uncle, niece, nephew, son- or daughter-in-law, brother- or sister-in-law. (Ord. 4513 § 1, 2016: Ord. 2824 § 2, 1984)

3.82.030 Use of public property.

No city employee 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 or for the authorized conduct of official business, and for such purposes and under such conditions as directed by the city manager. (Ord. 2824 § 3, 1984)

3.82.040 Conflict of interest.

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

(1)    Receives or has any financial interest in any sale to the city of any service or property when such financial interest was received with prior knowledge that the city intended to purchase such property or obtain such service;

(2)    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:

(A)    Attendance of an employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of city business or where official attendance by the employee as a staff representative is appropriate;

(B)    An award publicly presented in recognition of public service; or

(C)    Any gift which would have been offered or given to the employee if he or she were not a city employee;

(3)    Participates in his or her capacity as a city employee in the making of a contract in which he or she has a private financial interest, direct or indirect, or performs in regard to such a contract some function requiring the exercise of discretion on behalf of the city;

(4)    Influences the city’s selection of, or its conduct of business with, a corporation, person or firm having business with the city if the employee has financial interest in or with the corporation, person or firm;

(5)    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;

(6)    Appears on behalf of a private person, other than him or herself 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 accepts a retainer or compensation that is contingent upon a specific action by the city;

(7)    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;

(8)    Has a financial or personal interest in any legislation coming before the city council, participates in discussion with or gives an official opinion to the city council, unless the employee discloses on the record of the council the nature and extent of such interest;

(9)    In the course of his or her official duties performs any function requiring the exercise of discretion and administrative authority on behalf of the city in regard to the regulation of land use or development of real property located within the city limits in which the employee or a relative has any financial interest. (Ord. 4513 § 2, 2016: Ord. 2824 § 4, 1984)

3.82.050 Violation—Penalty.

Any city employee violating the provisions of this chapter shall be subject to discipline up to and including termination. (Ord. 4513 § 3, 2016)