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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: WSS52529O -1- 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 Chapter 1.14 is hereby repealed.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 WSS525290 -2- 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; WSS525290 -3- 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 WSS52529O -4- 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 WSS525290 -5- 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: WSS52529O -6- 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 WSS525290 —7— 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