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Ordinance 16789 ORDINANCE NO. 1678 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REQUIRING THE DISCLOSURE AND FILING OF CERTAIN INFORMATION BY THE ELECTED PUBLIC OFFICIALS OF SAID CITY; PROHIBITING PARTICIPATION BY SAID PUBLIC OFFICIALS WHICH MAY'INVOLVE CONFLICT OF INTEREST; ESTABLISHING A BOARD OF REVIEW AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF AND ESTABLISHING AN EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Edmonds finds that there is a need to supplement existing state legislation with respect to the reporting of outside interests of elected city officials and WHEREAS, the City Council has found that in certain instances elected city officials should not participate in decision -making processes due to such outside interests, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter, Cahpter 1.4 is hereby added to the Edmonds City Code. Section 2. 1.14.010 Applicability The provisions of this chapter shall be applicable to all elected public officials of the City of Edmonds, Washington. Section 3. 1.14.020 Definitions 1. Family. The term "family" as used in this chapter shall mean those persons living in the same household as the public official and shall further include the spouse, parents and children of said public official, and the parents of said public official's spouse who reside within the corporate limits of the City of Edmonds. 2. Public Official. The term "public official" as used in this chapter shall mean the position of Mayor and City Councilman whether said person or persons are elected or appointed to such office. -1- Section 4. 1.14.030 Requirement of Filing Information. 1. Every public official of said City shall file with the City Clerk on or before January 31 of each respective year, commencing with the year 1974 a report, verified by the public official and notarized, containing the following information: (A) A list of all real property in which the public official or any member of his family has a financial and/or ownership interest which is located within the city limits of said City or within the boundaries of any area seeking annexation to said City. To identify said real property, the street address and approximate size in acres or portions of acres shall be set forth. (B) A list of all partnerships, corporations, firms, enterprises or other businesses in which said public official, or any member of his family, has any ownership interest and which maintains any office or other place of business within the City limits of said City or any area proposed for annexation to said City. (C) The name and address of the principal place of employment of said public official. (D) The name of any partnership, firm, corpora- tion or other business in which said public official or any member of his family has any ownership or proprietary interest and which does business with the City of Edmonds on a competitive bid basis or appears before the City Council or any agency, board or commission of the City. (E) The sources of income from commissions, gratuities, special treatment or concessions from any individual, group or corporation doing business either in the City or with the City. -2- 2. Each public official shall be required to file amended lists setting forth any new information required to be filed under subsections A through E of the preceding subsection within thirty days of said public official becoming aware of such new information. 3. The reports required to be filed by this section shall be open to inspection by any member of the public during normal business hours of the City at the office of the City Clerk. Section 5. 1.14.040 Participation by Public Official Prohibited. Each public official shall be prohibited from and may not intentionally engage in taking any action, including voting, discussion or persuasion, in any of the following matters: 1. Any matter concerning individuals, groups, corpora- tions or associations or other businesses or entities contributing over $5.00 to or 5% of the public official's total campaign expense, whichever is the greater, whether said contribution is in money and/or material and/or services. 2. On all matters in which said public official has failed to disclose any financial or private interest of his own or his family in any matter coming before the Council; provided, however, upon the disclosure of such interest, said public official may then take part in the discussion, unless otherwise expressly prohibited. 3. 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. 4. Any matter coming before the City Council which would affect nonresidential property in which the public official or his family may have a financial or pecuniary interest. 5. No public official shall appear before any agency, board or commission of the City on his own behalf. -3- 6. No public official shall appear before any agency, board or commission of the City on behalf of a client or on behalf of any private interest. 7. Accepting any retainer, gift or favor from any person, firm, corporation, association or other enterprise or business having dealings with the City in return for special consideration. 8. Attempting to influence the selection of any firm, corporation, association, enterprise or other business in which the public official or his family has a personal or financial interest to do business with or for the City. 9. Requesting or permitting the use of City -owned vehicles, equipment, materials or property for personal use or profit, unless such use is available to the general public. 10. Disclosing confidential information without legal authorization or using such information to advance the private or financial interest of himself, his family, or others. Section 6. 1.14.050 Interpretation 1. Interpretation of this chapter and advisory opinions shall be made in the following manner. (A) Any public official may question actions of any other public official by submission of facts to the City Council as a whole, which facts shall be reduced to writing by the City Clerk. The defending public official shall be given an opportunity to respond immediately to said question or may request continuance of a presentation and decision on said matter until the following regular- ly scheduled City Council Meeting. The opinion of a majority of the City Council hearing the questioned matter shall be the decision of the Council of the whole. Such decision shall be advisory only. -4- (B) 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 Mayor. The Mayor shall imme- diately cause copies of said writing to be delivered to each public official 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 hearing the matter at the regular public meeting of said City Council at which said question is reported by the Mayor unless the defending public official requests that the matter be continued until the next subsequent regular public meeting of said Council. 2. 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 the Mayor shall be the questioned public official, the Mayor Pro Tem or, if the Mayor Pro Tem be not present, such other member of the City Council as a majority of those council members present shall designate, shall preside over that portion of the Council meeting or meetings which concerns the question or charge by either a public official or registered voter. 3. The City Clerk shall retain a record of the hearing on each such matter thus brought before the City Council, includ- ing the disposition of the matter and the decision of a majority of the Council hearing the question. Section 7. 1.14.060 Penalty Any public official who shall intentionally violate the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than two hundred fifty dollars ($250) or imprisonment in jail not to exceed ninety (90) days or both. -5- In addition, the conviction of any public official of any violation of this chapter shall be prima facie evidence that said public official has been convicted of a crime involving moral turpitude and/or an offense involving a violation of his oath of office. Section 8. 1.14.070 Severability. If any provision or section of this chapter or its application to any person or cir- cumstance is held invalid, the remainder of the provision, section or chapter or the application thereof to other persons or cir- cumstances shall be deemed not affected. Section 9. 1.14.080 Effective Date The effective date of this ordinance shall be September 17 , 1973. APPROVED: t MAYOR ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: September 4, 1973 FILED WITH THE CITY CLERK: September 4, 1973 PUBLISHED: September 12, 1973