Chapter 2.67
CODE OF ETHICS – RESTRICTIONS ON FUTURE EMPLOYMENT AND CITY CONTRACTING
Sections:
2.67.010 Declaration of policy.
2.67.020 Restrictions on employment after leaving city.
2.67.040 Distribution of code of ethics.
2.67.010 Declaration of policy.
High moral and ethical standards among public employees is essential to gain and maintain the confidence of the public because such confidence is essential to the conduct of free government. This chapter is enacted to establish guidelines for ethical standards of conduct to govern the performance of city employees in the contracting and administration of city contracts, and promote and strengthen the faith and confidence of the people in the governance of the city. (Ord. 2011-439 § 1).
2.67.020 Restrictions on employment after leaving city.
A. No city employee may, within a period of one year from the date of termination of their city employment, accept employment or receive compensation from an employer if all of the following are met:
1. The city employee, during the two years immediately preceding termination of city employment, was engaged in the award, negotiation, supervision or administration on behalf of the city of one or more city contracts with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such supervision or administration;
2. Such city contract or contracts have a total value of $100,000 or more as calculated during the two-year period following termination of employment; and
3. The duties of the employment with the new employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such contract or contracts.
B. The prohibitions of this section shall not apply to prohibit a city employee from accepting employment with a governmental agency that was involved with a contract or interlocal agreement with the city.
C. No person who was a city employee may, within a period of one year following the termination of employment, have a financial interest in a city contract or grant that was expressly authorized or funded by specific legislative or executive action in which the former city employee participated.
D. No city employee may accept an offer of employment or receive compensation from an employer if the employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, to influence the employee or as compensation or reward for the performance or nonperformance of a duty by the employee during the course of city employment.
E. No city employee may accept an offer of employment or receive compensation from an employer if the circumstances would lead a reasonable person to believe the offer has been made, or compensation given, for the purpose of influencing the performance or nonperformance of duties by the employee during the course of city employment. (Ord. 2011-439 § 1).
2.67.030 Penalties.
A. If it is determined that a violation of this chapter has occurred, one or more of the following civil remedies and sanctions may be imposed in addition to any other remedies provided by law:
1. Any person who violates any of the provisions of this chapter may be subject to a civil penalty of not more than $10,000 for each such violation; and
2. The court may enjoin any person to prevent the doing of any act herein prohibited, or to compel the performance of any act required herein. (Ord. 2011-439 § 1).
2.67.040 Distribution of code of ethics.
The city clerk shall distribute a copy of this code of ethics to every employee of the city within 30 days after enactment of this code, receipt of which shall be acknowledged. Each city employee thereafter employed shall acknowledge receipt of a copy of this code of ethics before entering their employment. (Ord. 2011-439 § 1).
2.67.050 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2011-439 § 1).