3.92.030 Prohibited conduct.
A. Conflicts of Interest. Officials shall not participate in quasi-judicial or site-specific land use city decisions, the purchase or condemnation of property, or city decisions involving the awarding of a grant or contract in which any of the following has an interest:
1. The official;
2. A relative;
3. An individual with whom the official resides; or
4. An entity that the official serves as an officer, director, trustee, partner or employee. Officials shall abstain from participating in deliberations and decision-making where conflicts exist. RCW 42.23.040 shall apply to conflicts or potential conflicts with respect to remote interests in city decisions involving the awarding of a contract.
B. Misuse of Public Position or Resources. Except for infrequent use at little or no cost to the city, officials shall 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.
C. Representation of Third Parties. Except in the course of official duties, officials shall not appear on behalf of the financial interests of third parties before the bodies on which the officials serve or in interaction with the body’s assigned staff. Further, the members of the city council shall 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.
D. Solicitation of Charitable Contributions. No official may make direct personal solicitations for charitable contributions from city employees.
E. Gifts and Favors. Officials shall 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 or 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; provided, that nothing shall prohibit campaign contributions which are solicited or received and reported in accordance with applicable law. They shall not accept or solicit any gifts, favors or promises of future benefits except as follows:
1. No official may accept gifts, other than those specified in subsection (E)(2) 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); provided, that if the $50.00 limit in RCW 42.52.150(1) is amended, this section shall be deemed to reflect the amended amount. 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. The value of gifts given to an official’s family member or guest shall 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 official, family member or guest.
2. 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 (E)(1) of this section:
a. Unsolicited flowers, plants and floral arrangements;
b. Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
c. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
d. Unsolicited items received by an official for the purpose of evaluation or review, if the official has no personal beneficial interest in the eventual use or acquisition of the item;
e. Informational materials, publications or subscriptions related to the recipient’s performance of official duties;
f. Food and beverages consumed at hosted receptions where attendance is related to the official’s duties for the city;
g. 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;
h. Unsolicited gifts from dignitaries from another state or a foreign country which are intended to be personal in nature;
i. Food and beverages on infrequent occasions in the ordinary course of meals where attendance by the official is related to the performance of official duties; and
j. Any gift which would have been offered or given to the official if he or she were not an official.
3. The presumption in subsection (E)(2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.
F. Confidential Information. Officials shall not knowingly disclose or use any confidential information gained by reason of their official position for other than a city purpose nor may the officer use such information for his or her personal benefit, nor may the officer engage in business or professional activity that the officer might reasonably expect would induce him or her by reason of his or her official position to disclose such confidential information. “Confidential information” means:
1. Specific information, rather than generalized knowledge, that is not available to a person who files a public records request; and
2. Information made confidential by law. (Ord. 6110 § 2, 2013.)