2.92.030 Prohibited conduct.
A. Compliance with Ethics Laws. Officials shall comply with the individual conduct requirements of federal, state and city laws in the performance of their public duties. These laws include, but are not limited to: the United States and Washington Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures and open processes of government; and city ordinances and policies, including but not limited to the below list. Councilmembers shall also comply with the ethical, professional and courtesy requirements of the city of Auburn council rules of procedure.
1. Chapter 9A.72 RCW – Perjury and interference with official proceedings.
2. RCW 35A.12.060 – Vacancy for nonattendance.
3. Chapter 35A.12 RCW – Mayor-council plan of government.
4. Chapter 40.14 RCW – Preservation and destruction of public records.
5. RCW 42.17A.555 – Use of public office or agency facilities in campaigns – Prohibition – Exceptions.
6. RCW 42.17A.565 – Solicitation of contributions by public officials or employees.
7. Chapter 42.23 RCW – Code of ethics for municipal officers – Contract interests.
8. Chapter 42.36 RCW – Appearance of fairness doctrine – Limitations.
9. Chapter 42.56 RCW – Public Records Act.
10. Chapter 42.52 RCW – Ethics in public service.
B. Gifts and Favors. Officials shall not knowingly use their public position to secure any special advantage, services or opportunities for personal or family gain, where such services, opportunities or gains are not available to the public in general. Officials may also not solicit or receive any thing of monetary value from any person or entity where the thing of monetary value has been solicited or received or given, or where it would appear to a reasonable person to have been solicited or received or given, with intent to give or obtain consideration or influence as to any action by the official in their official capacity; provided, that nothing shall prohibit campaign contributions which are solicited or received and reported in accordance with applicable law. They shall not accept or solicit any gifts, favors or promises of future benefits except as follows:
1. No official may accept gifts, other than those specified in subsection (B)(2) of this section, with an aggregate value in excess of $50.00 from a single source in a calendar year, or a single gift from multiple sources with a value in excess of $50.00 in accordance with RCW 42.52.150(1); provided, that if the $50.00 limit in RCW 42.52.150(1) is amended, this section shall be deemed to reflect the amended amount. For purposes of this section, “single source” means any person, corporation, or entity, whether acting directly or through any agent or other intermediary. “Single gift” includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs. The value of gifts given to an official’s family member or guest shall be attributed to the official for the purpose of determining whether the limit has been exceeded, unless an independent business, familial, or social relationship exists between the donor and the official, family member or guest.
2. The following items are presumed not to influence the vote, action, or judgment of the official, or be considered as part of a reward for action or inaction, and may be accepted without regard to the limit established by subsection (B)(1) of this section:
a. Unsolicited flowers, plants and floral arrangements;
b. Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
c. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
d. Unsolicited items received by an official for the purpose of evaluation or review, if the official has no personal beneficial interest in the eventual use or acquisition of the item;
e. Informational materials, publications or subscriptions related to the recipient’s performance of official duties;
f. Food and beverages consumed at hosted receptions where attendance is related to the official’s duties for the city;
g. Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a governmental entity or organization;
h. Unsolicited gifts from dignitaries from another state or a foreign country which are intended to be personal in nature; provided, that if the value (identified or estimated) exceeds $50.00, the gift shall be the property of the city’s;
i. Food and beverages on infrequent occasions in the ordinary course of meals where attendance by the official is related to the performance of official duties; and
j. Any gift which would have been offered or given to the official if they were not an official.
3. The presumption in subsection (B)(2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.
C. The provisions of this section and of this chapter do not prohibit the city from funding, or contributing to the funding for, an event, activity, or function at which public officials attend and/or in which they participate, so long as the city council finds that there is a corresponding benefit to the city to have its public officials attend or participate, and where city council expressly approves funding, or the contribution towards funding thereof. For the purposes hereof, including the funding of an event, activity, or function in the approved city budget for applicable public officials constitutes a finding by the city council that there is a corresponding benefit to the city to have its public officials attend or participate in such event, activity, or function. (Ord. 6519 § 1, 2014.)