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§ 39.02 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AFFECTED. In the case of a person, entity or property, reasonably likely to be subject to a direct economic effect or consequence, either positive or negative, as a result of the vote or decision in question. AFFECTED does not include those persons or entities who are subject to an indirect or secondary effect from official action.
   BUSINESS. A corporation, partnership, sole proprietorship, firm, organization or other legal entity carrying on business.
   CITY EMPLOYEE. Every appointed, classified or unclassified person employed by the City who receives compensation in the form of a salary or who is eligible to receive per diem and mileage, but does not include independent contractors hired by the City. The title and use of the term employee shall be synonymous herewith.
   CITY OFFICIAL.
      (1)   The Mayor, City Commissioners, City Manager, Assistant City Managers, City Clerk, Deputy City Clerks, City Solicitor, Assistant City Solicitors, all department heads or deputy department heads and division heads, whether such persons are salaried, hired or elected, and all other persons holding positions established by City ordinance, as they may be amended from time to time.
      (2)   CITY OFFICIAL, unless otherwise expressly defined, includes individuals appointed by the Board of Commissioners to all City commissions, committees, boards, task forces or other City bodies, unless specifically exempted from this subchapter by the Board of Commissioners.
   CONFIDENTIAL INFORMATION. Information which, by law or practice, is not available to the public.
   CONTROLLING INTEREST. A financial interest in a business which is greater than 20%.
   DECISION.
      (1)   Any ordinance, resolution, contract, franchise, formal action or other matter voted on by the Board of Commissioners or other City board or commission, as well as the discussions or deliberations of the Board of Commissioners, board or commission which can or may lead to a vote or formal action by that body.
      (2)   A DECISION of a City employee means any action in which the employee exercises discretionary authority including, but not limited to the issuance of permits, imposition or collection of fines or fees, authorizations for expenditures and other non- ministerial acts.
   DISCRETIONARY AUTHORITY. The power to exercise any judgment in a decision or action.
   ENTITY. A sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.
   FAMILY MEMBER. A spouse, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild.
   FINANCIAL INTEREST.
      (1)   Any interest which shall yield, directly or indirectly, any monetary or other material benefit to a City employee or to the City employee’s spouse or minor children.
      (2)   The term FINANCIAL INTEREST shall not include the employee’s salary or other compensation authorized by law.
   IMMEDIATE FAMILY MEMBER. A spouse, an unemancipated child residing in the officer’s, candidate’s or employee’s household, or a person claimed by the officer, candidate or employee, or the officer’s, candidate’s or employee’s spouse, as a dependent for tax purposes.
   MINISTERIAL ACT. An act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.
   OFFICIAL. All members of boards, commissions and committees, the Mayor and Commissioners and all department directors, division directors and section chiefs.
   OFFICIAL ACT. An official decision, vote, approval, disapproval or other action which involves the use of decision-making authority.
   SUBSTANTIAL INTEREST. Except as to § 39.03(A), means an interest in another person or an entity that provides a person with decision-making or discretionary powers, such as a manager, supervisor, partner, officer or member of a board of directors or a controlling stockholder; or who derives a substantial part of their annual income from equity of the entity or ownership.
   SUBSTANTIAL INTEREST IN REAL PROPERTY. An interest in real property which is an equitable or legal ownership of 20% or more.
(1995 Code, § 2.52.010) (Ord. O-94-33, passed 12-19-1994)
§ 39.03 SUBSTANTIAL INTEREST; DISCLOSURE.
   If a City official or employee is a member of a partnership or professional corporation or conducts business through another entity, a substantial interest of the partnership, professional corporation or entity shall be deemed to exist if:
   (A)   A substantial interest of a spouse of a City official or employee shall be deemed to apply to that official or employee for the purposes of §§ 39.27 and 39.26(B) concerning disclosure and refusal or reassignment.
   (B)   If the spouse of a City official or employee does business through a partnership or other business entity, the substantial interests of that partnership or business entity shall be deemed under division (A) above to apply to the City official or employee.
   (C)   A City official or employee shall not participate in a vote or decision affecting a substantial interest of a person in the immediate family of the City official or employee or to whom the City official or employee is related in the first or second degree of consanguinity or affinity.
   (D)   No City official or employee shall fail to provide information by form or otherwise. No City official or employee shall violate any applicable state law provision concerning conflicts of interest.
(1995 Code, § 2.52.020) (Ord. O-94-33, passed 12-19-1994)
§ 39.04 STANDARDS OF CONDUCT.
   (A)   City officials and employees must, in all instances, maintain their conduct at the highest standards. No City official or employee shall continue in his or her City capacity with pay when he or she engages in activities which are more than likely to lead to the diminishing of the integrity, efficiency or discipline of the City service.
   (B)   No City official or employee shall transact any business in his or her official capacity with any entity in which he or she has a substantial interest.
   (C)   No City official or employee shall formally appear before the body of which the official or employee is a member while acting as an advocate for himself, herself or any other person, group or entity.
   (D)   No salaried City official or employee shall represent, for compensation, any other private person, group or entity before any department, commission, board or committee of the City.
   (E)   No salaried City official or employee shall represent, directly or indirectly, any other private person, group or entity in any action or proceeding against the interests of the City or in any litigation in which the City or any department, commission, board or committee thereof is a party; provided, however, that, nothing herein shall limit the authority of the City Solicitor and his or her staff to represent the City, its boards, commissions, committees and officers in the discharge of their duties.
   (F)   No City official or employee shall accept or solicit any gift or favor that might reasonably tend to influence that individual in the discharge of official duties or that the City official or employee knows or should know has been offered with the intent to influence or pay for the official conduct. Exempted from this section are meals received at no charge to the City official or employee, as long as the same are not received on a regular or ongoing basis and lawful campaign contributions which are reported.
   (G)   No City official or employee shall solicit or accept other employment to be performed or compensation to be received while still a City official or employee, if the employment or compensation could reasonably be expected to impair independence in judgment or performance of City duties.
   (H)   If a City official or employee accepts or solicits a promise of future employment from any person or entity who has a substantial interest in a matter, which would be affected by any decision upon which the City official or employee might reasonably be expected to act, investigate, advise or make a recommendation, the City official or employee shall disclose that fact to the board or commission on which he or she serves or to his or her supervisor and shall take no further action on matters regarding the potential future employer.
   (I)   No salaried City official or employee shall use his or her official position to secure a special privilege or exemption for himself, herself or others or to secure confidential information for any purpose other than official responsibilities.
   (J)   No City official or employee shall use City facilities, personnel, equipment or supplies for private purposes, unless otherwise authorized.
(1995 Code, § 2.52.030) Penalty, see § 39.99
§ 39.05 MISUSE OF OFFICIAL INFORMATION.
   No former City official or employee shall use any confidential information to which he or she had access by virtue of his or her official capacity and which has not been made public concerning the property, operations, policies or affairs of the City to advance any personal financial interests.
(1995 Code, § 2.52.040) Penalty, see § 39.99
§ 39.06 RESTRICTIONS ON PROVIDING REPRESENTATION TO OTHERS.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BEFORE THE CITY. Before the Board of Commissioners, a City board or commission or a City official or employee.
      CASE, PROJECT or MATTER. Specific cases, projects or regulatory matters, rather than generic policies, procedures or legislation of general application. For instance, the zoning process or site plan review process is not a CASE, PROJECT or MATTER within the meaning of this section; however, a specific zoning case or site plan would constitute a CASE, PROJECT or MATTER subject to the restrictions imposed in this section. It is not the intent of this subchapter and this subchapter shall not be construed, to prohibit the practice of any profession or occupation by former City officials and employees.
      REPRESENT. All communications with and appearances before the City in which the City is asked to make a decision. The term REPRESENT does not include communications and appearances in matters involving only ministerial action on the part of the City.
   (B)   In any formal or informal appearance before the City, a person representing a person or entity, which person or entity employs a former City official or employee who had discretionary authority over the project or matter for which the person or entity is appearing before the City, shall disclose any former involvement of the former City official or employee in the project or matter. This disclosure requirement shall be in effect for 24 months after the former City official or City employee leaves City service or employment.
   (C)   This section shall not apply to persons who left the service or employment of the City prior to the effective date of the ordinance from which this subchapter derives.
(1995 Code, § 2.52.050)
§ 39.07 CONFIDENTIAL INFORMATION.
   No City official or employee or former City official or employee shall disclose or use confidential information acquired by virtue of his or her municipal employment or office; provided that, disclosure may be made when required by state law or federal law or by a court order.
(1995 Code, § 2.52.060) Penalty, see § 39.99
§ 39.08 CONTRACT BY FORMER EMPLOYEE OR OFFICER.
   Nothing in this subchapter shall prohibit a former City official or employee from entering into a contract to represent the City in any matter or entering into other employment, as long as confidential and/or privileged information or data obtained by their employment with the City is not used or disclosed to or by others.
(1995 Code, § 2.52.070)
§ 39.09 FALSE STATEMENTS PROHIBITED.
   (A)   No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification, appointment or investigation, or in any manner commit any fraud, conceal any wrongdoing or knowingly withhold information about wrongdoing in connection with employment with the City or in connection with the work-related conduct of any City employee or officer.
   (B)   No person seeking appointment to or promotion in the service of the City shall, either directly or indirectly, give, render or pay any money, service or other valuable thing to any person for, on account of or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion; provided, however, that, this provision shall not apply to payments made to duly licensed employment agencies.
(1995 Code, § 2.52.080) Penalty, see § 39.99
§ 39.10 NEPOTISM PROHIBITED.
   No City official or employee shall recommend that a family member or immediate family member be employed in any position with the City. All efforts should be made to prevent a situation in which an employee may be able directly to supervise, control or influence the work or employment status of a family member or immediate family member or the affairs of the organizational unit in which a family member or immediate family member is employed. Nothing contained herein shall restrict or hinder the promotion or demotion of existing employees, nor the hiring of a family member or immediate family member on a competitive basis.
(1995 Code, § 2.52.090) Penalty, see § 39.99
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