4.14.050 Prohibited conduct.
(1) Conflicts of Interest.
(a) In order to ensure their independence and impartiality on behalf of the common good, officials must not participate in government decisions in which any of the following has a financial interest:
(i) The official;
(ii) A relative;
(iii) An individual with whom the official resides; or
(iv) An entity that the official serves as an officer, director, trustee, partner, or employee.
(b) Officials must abstain from participating in deliberations and decision-making where conflicts exist. This section does not apply:
(i) To decisions regarding taxes or fees;
(ii) If the financial interest is shared with more than 10 percent of the city’s population; or
(iii) If the financial interest exists solely because of the official’s ownership of less than one percent of the outstanding shares of a publicly traded corporation.
(2) Appearance of Conflict. If it could appear to a reasonable person, having knowledge of the relevant circumstances, that the official’s judgment is impaired because of either (a) a personal or business relationship not covered under the foregoing subsection, or (b) a transaction or activity engaged in by the official, the official must make a public, written disclosure of the facts giving rise to the appearance of a conflict before participating in the matter.
(3) Misuse of Public Position or Resources. Except for infrequent use at little or no cost to the city, officials must not use public resources that are not available to the public in general, such as city staff time, equipment, supplies or facilities, for other than a city purpose.
(4) Representation of Third Parties. Except in the course of official duties, officials must not appear on behalf of the financial interests of third parties before the bodies on which the officials serve or in interaction with assigned staff. However, the members of the city council must not appear on behalf of the financial interest of third parties before the council or any board, commission or proceeding of the city, or in interaction with staff.
(5) Solicitations of Charitable Contributions. No official may make direct personal solicitations for charitable contributions from city employees.
(6) Confidential Information. Officials must not disclose or use any confidential information gained by reason of their official position for other than a city purpose. “Confidential information” means (a) specific information, rather than generalized knowledge, that is not available to a person who files a public records request, and (b) information made confidential by law.
(7) Gifts and Favors.
(a) Officials must not take any special advantage of services or opportunities for personal gain, by virtue of their public office, which are not available to the public in general. They may not solicit or receive any thing of monetary value from any person or entity where the thing of monetary value has been solicited, or 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 official in his or her official capacity. Nothing in this section prohibits campaign contributions which are solicited or received and reported in accordance with applicable law.
(b) No official may accept gifts, other than those specified in subsection (7)(e) of this section, with an aggregate value in excess of $50.00 from a single source in a calendar year or a single gift from multiple sources with a value in excess of $50.00 in accordance with RCW 42.52.150(1). If the $50.00 limit in RCW 42.52.150(1) is amended, this section must be deemed to reflect the amended amount.
(c) For purposes of this section, “single source” means any person, corporation, or entity, whether acting directly or through any agent or other intermediary, and “single gift” includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift in this chapter.
(d) The value of gifts given to an official’s family member or guest must be attributed to the official for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.
(e) The following items are presumed not to influence the vote, action, or judgment of the official, or be considered as part of a reward for action or inaction, and may be accepted without regard to the limit established by subsection (7)(a) of this section:
(i) Unsolicited flowers, plants, and floral arrangements;
(ii) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(iii) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(iv) Unsolicited items received by a city officer or city employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item;
(v) Informational material, publications, or subscriptions related to the recipient’s performance of official duties;
(vi) Food and beverages consumed at hosted receptions where attendance is related to the city officer’s or city employee’s official duties;
(vii) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization;
(viii) Unsolicited gifts from dignitaries from another state or a foreign country which are intended to be personal in nature; and
(ix) Food and beverages on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties.
(f) The presumption in subsection (7)(e) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item. (Ord. 1514 § 1 (Exh. A), 2023).