Ordinance 27910006.130.006A
WSS/klt
07/18/90
R:08/23/90
ORDINANCE NO.
2791
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REPEALING CHAPTER 1.14 RELATING TO PUBLIC
OFFICIAL DISCLOSURE AND ENACTING IN ITS PLACE A
NEW CHAPTER RELATING TO THE SAME SUBJECT AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City Council finds that the provisions of
state law require the disclosure by public officials of funds
received in the course of a political campaign along with the
identity of the contributor;
WHEREAS, the Council finds that it is in the public
interest to provide for full disclosure of such state reporting
forms to the citizens of Edmonds by filings with the City Clerk;
and
WHEREAS, the Council finds that the citizens of
Edmonds, by their votes in each election, are the best judge of
the fitness of a candidate to serve and that the citizens can
best make their decision provided with accurate campaign
financing information and when elected officials reveal those
donations when a Council member can reasonably be expected to
know that a contributor has an interest in a particular matter,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Chapter 1.14 is hereby repealed. In its
place, a new Chapter 1.14. to be entitled PUBLIC OFFICIAL
DISCLOSURE: PROHIBITED INTEREST is enacted in its place and
reads as follows:
Chapter 1.14
Public Official Disclosure: Prohibited Interest
1.14.010 APPLICABILITY.
The provisions of this chapter shall be
applicable to all elected officials of the
City of Edmonds, Washington, and the Hearing
Examiner appointed pursuant to chapter 10.35.
1.14.020 DEFINITIONS
A. "Family" as used in this chapter shall
mean those persons living in the same
household as the public official or
otherwise dependent upon said public
official.
B. "Public official" as used in this chapter
shall mean the position of mayor, city
council member, and hearing examiner
whether said person or persons are
elected or appointed to office.
1.14.030 REQUIREMENT OF FILING_
Every public official of the City of Edmonds
shall file with the City Clerk within ten
(10) days from the date of filing with the
Public Disclosure Commission each and every
public disclosure form required filed on
behalf of said official. Copies of such
information shall be maintained by the City
Clerk for inspection by the public during
normal business hours of the City at the
office of the City Clerk.
1.14.040 DISCLOSURE REQUIRE
Each public official shall disclose at the
commencement of any public hearing on a
quasi-judicial matter any campaign
contribution in excess of $250.00 made to the
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public official by an applicant, appellant or
other party of interest in such quasi-
judicial decision. Such reporting shall be
limited to contributions made during the last
campaign for the public office to which the
official has been elected. Such reporting
shall be required whether the contribution is
made in money or in services or materials as
such terms are used and defined in the
statutes of the state of Washington relating
to campaign public disclosure.
Nothing herein shall be interpreted to
require campaign officials to make
disclosures relating to legislative matters
relating to the general public or to reveal
campaign contributions from members of the
general public who may appear at public
hearings but who are not named applicants or
appellants.
1.14.050 PARTICIPATION BY PUBLIC OFFICIALS
PROHIBITED
Each public official shall be prohibited from
and may not intentionally engage in taking
any action including voting, discussion or
persuasion in regard to any of the following
matters:
Aa Acquiring or receiving a financial
interest in any sale to the City of any
service or property with the knowledge
that the City intends to purchase the
same;
B. Any matter coming before the City Council
which would affect real property other
than the public official's own residence,
in which the public official or his
family have a financial or other
pecuniary interest. This provision shall
not be applicable to City wide
legislation or other matters of general
public concern regarding a geographical
area greater than the immediate
neighborhood in which the property is
located, unless the property would enjoy
a special benefit not generally enjoyed
by other property similarly situated;
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C. No public official shall appear before
any agency, board or commission of the
City in a representational capacity,
unless prior to so doing the public
official has filed with the City Clerk
disclosure of his or her intent to so
participate which removes the Council
member from discussion, consideration or
voting, should such matter become before
the City Council. Provided, however,
this prohibition shall not extend to
appearances on a public official's own
behalf, representing himself before the
Edmonds Municipal Court or before any
department of the City when he or she has
satisfied the preceding requirement.
D. No public official shall request or
permit the use of City -owned vehicles,
equipment, materials or property for
personal use or profit unless such use is
available to the general public or is a
service approved as part of the budgetary
process for and in conjunction with the
office which the public official holds
with the City.
E. No public official shall disclose
confidential information without specific
authorization from the City Council or
use such information to advance a private
or financial interest of himself, his
family, clients or customers, or others
in the hope of financial gain.
1.14.060 INTERPRETATION
A. Interpretations of this chapter and
advisory opinions shall be made in the
following manner:
1. Any public official may question the
actions of any other public official
by submission of facts to the City
Council as a whole, and such facts
shall be reduced in writing by the
City Clerk. The defending public
official shall be given an
opportunity to respond immediately
to said question or make a request
for continuance of a presentation
and decision on such matter until
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the next regularly scheduled City
Council meeting. The opinion of a
majority of the City Council
considering the questioned matter
shall be the decision of the Council
as a whole. Such decision shall be
advisory only.
2. Any voter registered to vote within
the City limits of the City of
Edmonds may raise a question under
this chapter by setting forth the
facts in writing and delivering the
same to the City Clerk. The City
Clerk shall immediately cause copies
of said writing to be delivered to
each public official including the
public official whose actions have
been questioned and shall cause the
matter to be brought before the City
Council at the next regularly
scheduled City Council meeting. The
City Council shall resolve the
question through a majority vote of
the Council considering the matter
at next regularly scheduled public
meeting of such City Council unless
the defending public official shall
request the matter be continued
until the next subsequent regular
public meeting of the Council. Such
vote shall again be advisory.
B. In all cases, the Mayor shall have the
right to vote only in the event it is
necessary to break a tie. In the event
that the Mayor is the questioned public
official, the Mayor pro tem, or if the
Mayor pro tem is not present, some other
member of the Council as the majority of
the Council members present shall
designate, shall preside over that
portion of the Council meeting or
meetings which concern the question or
charge by the public official or
registered voter.
C. The City Clerk shall retain a record of
the proceedings, for each such matter
brought before the City Council,
including the disposition of the matter
and the decision of the majority of the
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Council considering the question. All
interpretations of this chapter and
opinions of the City Council shall be
advisory only.
1.14.070 PENALTY
A. Any public official who intentionally
violates a provision of this chapter
shall be guilty of a misdemeanor and
shall be subject to a fine of $250.00 per
violation or imprisonment not to exceed
90 days, or both.
B. In addition, conviction of any public
official of any violation of this chapter
shall be prima facie evidence that the
public official has been convicted of a
crime involving moral turpitude and/or an
offense involving violation of his oath
of office.
1.14.070 SEVERABYL2TY
If any portion or section of this chapter,
its application to any person or circumstance
is held invalid, the remainder of the
provision, section or chapter, or the
application thereof to other persons or
circumstances shall be deemed not effective.
Section 2. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROVED:
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ATTEST/AUTHENTICATED:
i6ITV CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: August 16, 1990
PASSED BY THE CITY COUNCIL: August 21, 1990
PUBLISHED: September 2, 1990
EFFECTIVE DATE: September 7, 1990
ORDINANCE NO. 2791
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Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOIVISH,
IVMAIARY OF The undersigned, being first duly sworn on oath deposes and says
OROItdANCF NO. 2791
ofihC City of that she is Principal Clerk of THE HERALD, a daily newspaper
Edmonds Woshln
On the 21St daY of August, printed and published in the City of Everett, County of Snohomish,
1990 !ha City Councll of the CN
Of Edmonds, passed Ordinance
tvo, 2r91. A summary of the and State of Washington; that said newspaper is a newspaper of
Confenf of x°td ordinance,
as }ails moss; °t the fltla, groyldea general circulation in said County and State; that said newspaper
AN OR!?INANCE OF THE CITY
OF GTON
REPEALING SCHAPTER La has been ap
proved as a legal newspaper by order of the Superior
RELATING TO PUBLfC
OFFICIAL DISCLOSURE AND'
ENACTWl' IN 7kDiCourt of Snohomish County and that the notice .......... .............................
Summary. of Ordinance No. 2791
The full text of this Ordinance
wilt be mailed uuppon request.
Opted this 3ptlf day of August,
199Q.
JACOOELINE G. PARRETT
r'ubllsihodL member 2, 1990.
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
September 2, 1990
and that said newspaper was regularly distributed to its subscribers
during all of said period. r
..................
Principal Clerk
Subscribed and sworn tp/lefafe me s,....:.....4th
day of. Septemb'er'.� l 1990
f .r .ls�
Notary Public in aril for theState of Washington,
residing at Everett, Snohomish County,
B-2-1