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§ 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
§ 39.11 FINANCIAL DISCLOSURE.
   (A)   The Board of Commissioners, candidates seeking 1 of the elected City office, City Manager and department heads shall be required to file, on an annual basis, a statement of financial interest with the Board of Ethics.
   (B)   (1)   The statement of financial interest shall be filed no later than April 16.
      (2)   Any person appointed to fill 1 of the offices or positions of employment during the interim shall file his or her initial statement of financial interest no later than 30 days after appointment.
      (3)   All candidates for office shall file his or her statement of financial interest no later than 30 days after filing as a candidate for the office.
      (4)   The Board of Ethics, for good cause shown, may grant a reasonable extension of time for filing a statement of financial interest.
      (5)   In the event of any material change to any information contained in the statement of financial interest such persons shall be required to file an amended statement with the Board of Ethics within 30 days thereof.
   (C)   The statement of financial interest shall be on a form prescribed by the ordinance codified in this section. Each person required to file a financial statement shall be delivered a copy of the form required to be filed no later than 90 days prior to the date the statement is due to be filed. Failure to deliver a copy of the form shall not relieve any person from the requirement of filing.
   (D)   (1)   The Board of Ethics shall be the official custodian of all statements of financial interest which shall be kept by the City Clerk in accordance with the City’s policies on record keeping.
      (2)   Statements of financial interest shall be retained by the Board of Ethics for a period of 5 years after filing; provided that, upon the expiration of 3 years after a person terminates his or her employment or position with the City, the Board shall cause to be destroyed any statements of financial interest filed by the person.
   (E)   The statement of financial interest shall include, at minimum, the following information for the preceding calendar year:
      (1)   The name, current business address, business telephone number and home address of the filer;
      (2)   The title of the filer’s office, office sought or position of employment;
      (3)   The occupation of the filer;
      (4)   Information that identifies each source of income of the filer exceeding $10,000 during the preceding calendar year, and the nature of the income (e.g., salary, commission, dividends, retirement fund distribution and the like);
      (5)   The name and address of any business located within the City in which the filer, or any member of the filer’s immediate family, had at any time during the preceding calendar year a substantial interest as defined herein or any ownership interest in any business located in the City;
      (6)   The name and address of any business which does or is anticipated to engage in any business transactions with the City, in which the filer, any member of the filer’s immediate family or family had at any time during the preceding calendar year an ownership interest of any kind or is employed in any capacity;
      (7)   A designation as commercial or residential and the location of all real property within the City, other than the filer’s primary residence, in which the filer or any member of the filer’s immediate family had during the preceding calendar year any legal interest;
      (8)   Each source by name and address of gifts or honoraria having fair market value of $500 or more from any single source, excluding gifts received from family members, received by the filer during the preceding calendar year; and
   (F)   Nothing in this section shall be construed to require any person to disclose any specific dollar amounts, nor the names of individual clients or customers of business listed as sources of income.
   (G)   (1)   The Board of Ethics shall notify, by certified mail, each person required to file a statement of financial interest who fails to file the statement by the due date, files an incomplete statement, or files a statement in a form other than that prescribed by the Board. The notice shall specify the type of failure or delinquency, shall establish a date by which the failure or delinquency shall be remedied and shall advise the person of the penalties for a violation.
(1995 Code, § 2.52.110) (Am. Ord. O-2010-003, passed 3-8-2010) Penalty, see § 39.99
CONFLICTS OF INTEREST
§ 39.25 TITLE.
   This subchapter may be cited as “Conflicts of Interest.”
(1995 Code, § 2.52.120)
§ 39.26 CONFLICT OF INTEREST.
   (A)   (1)   An City official or employee shall disqualify himself from participating in any official act directly affecting a business in which he or she has a financial interest. No employee or official shall acquire a financial interest at a time when he or she believes or has reason to believe that it will be directly affected by his or her official act.
      (2)   (a)   Every City official or employee who has a financial interest which he or she believes or has reason to believe may be affected by an official act taken within the scope of his or her employment shall disclose the precise nature and value of the interest.
         (b)   The disclosure shall be made in writing to the City Clerk at the time the conflict occurs and an updated report filed during the month of January every year thereafter while the affected financial interest continues.
         (c)   Additionally, it shall be the duty of a City official or employee to inform the City Clerk of such a financial interest at the time he or she acquires it. The information on the disclosure, except for the valuations attributed to the reported interests, shall be made available by the City Clerk to any citizen for inspection; provided, however, that, no disclosure shall be made until it is approved by the City Solicitor or his or her staff; and further provided that, the valuations shall be confidential.
         (d)   The filing of disclosures pursuant to this section is a condition of entering upon and continuing in City employment or official capacity.
      (3)   The City shall not enter into any contract with a business in which an City official or employee has a controlling interest, involving services or property of a value in excess of $1,000, unless the contract is made after public notice and competitive bidding.
      (4)   Any purchase order or contract entered into by the City with a business in which an City official or employee of the City has a controlling interest is void if the City official or employee failed to comply with the provisions of this section prior to the City entering into the contract or purchase order.
(1995 Code, § 2.52.130)
   (B)   (1)   A City official or employee may not participate in a vote or decision on a matter affecting a person, entity or property in which the official or employee has a substantial interest; in addition, a City official or employee who serves as a corporate officer or member of the board of directors of a non-profit entity may not participate in a vote or decision regarding funding or action by or through the City of the entity. Where the interest of a City official or employee in any subject matter of a vote or decision is remote or incidental, the City official or employee may participate in the vote or decision.
      (2)   For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         DISCLOSURE OF INTEREST. The disclosure by any City official or employee. DISCLOSURE OF A REMOTE INTEREST OR AN INCIDENTAL INTEREST is not required, but the disclosure shall not bar that City official or employee from participating in a vote or decision, if in fact the interest is remote or incidental.
         INCIDENTAL INTEREST. An interest in a person, entity or property which is not a substantial interest and which has insignificant value.
         REMOTE INTEREST.
            1.   An interest of a person or entity, including a City official or employee, who would be affected in the same way as the general public.
            2.   The interest of a commission member in the property tax rate, general City fees, City utility charges or a comprehensive zoning ordinance or similar decisions is remote to the extent that the commission member would be affected in common with the general public.
(1995 Code, § 2.52.140)
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