RES 20-003RESOLUTION NO. 2O-OO3
A RESOLUTION adopting a Code of Ethics policy applicable to
elected officials of the City of Camas.
WHEREAS, it is required that elected officials, including members of City Council and
the Mayor, comply with the law and all other applicable rules and regulations governing the
conduct of public officials; and
WHEREAS, said standards are set forth within Chapter 42.23 RCW - Code of Ethics For
Municipal Officers - Contract Interests; Chapter 42.20 RCW - Misconduct of Public Officers;
and Chapter 42.36 RCW - Appearance of Fairness; and other provisions of law; and
WHEREAS, the City Council has considered establishing a formal code of ethics in
supplement to the otherwise applicable standards governing the conduct of public officials; and
WHEREAS, the Cify Council intends to adopt said policy to establish standards of ethical
conduct applicable to member of the City Council and the Mayor in the discharge of their duties
by prescribing essential restrictions against conflicts of interest and other conduct not consistent
with good ethical practices while not creating the necessary barrier to public service.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAMAS AS FOLLOWS:
I.
The Code of Ethics policy as set forth in the attached Exhibit "A" is hereby adopted as
the formal Code of Ethics by which Council members and the Mayor will conduct themselves
while serving as elected officials of the City of Camas.
Resolution No.
Page 2 of 2
APPROVED as to form:
Passed by the Council and approved by the Mayor ttrir Jd Aay of HffrdA ,2020.
SIGNED:
ATTEST:
Clerk
City Attorney
Exhibit A
City of Camas
Elected Officials Code of Ethics and Conduct
Purpose
The purpose of this policy is to establish a forma! code of ethics by which Councilmembers will
conduct themselves while serving on the Camas City Council.
Declaration of Policv
It is essential to the proper administration and operation of the City of Camas that the City
Council be and give the appearance of being independent and impartial; that elective office
with the City of Camas not be used for personal benefi! and that the public have confidence in
the integrity of the City. ln recognition of these goals, the City has adopted this Code of Ethics,
which is applicable to all members of the City Council.
The purpose of this Code is to establish standards of ethica! conduct applicable to the City
Councilmembers, including the Mayor, in the discharge of their duties by prescribing essential
restrictions against conflict of interest and other conduct not consistent with good ethical
practices while not creating unnecessary barriers to public service. To that end,
Councilmembers should not be denied the opportunity available to all other citizens to acquire
and maintain private economic interests, except in circumstances in which a conflict of interest
would reasonably result.
It is required that all Councilmembers comply with the law and all other applicable rules and
regulations governing the conduct of public officials. The standards in this Code shall not
preclude other standards required by law including but not limited to, Ch.42.23 RCW- Code of
Ethics for Municipal Officers-Contract lnterests, Ch. 42.20 RCW- Misconduct of Public Officers
and Ch. 42.36- Appearance of Fairness. Nothing in this Code of Ethics shall be construed to limit
full compliance with applicable federal and state laws and applicable rules and regulations
governing the conduct of public officials now existing or hereinafter enacted.
Avoidance of the Appearance of lmproprieW
All members of the City Council should conduct their official duties with integrity and
impartiality and in a manner that avoids even the appearance of impropriety or a conflict of
interest between public duties and private interests.
No Councilmember shall, by their conduct or participation in activities, give reasonable basis for
the impression that any person can improperly influence the Councilmember or unduly enjoy
the Councilmember's favor in the performance of official City actions, or that the
Councilmembers is affected in the performance of the official act or actions by the kinship,
rank, or association with any person.
Exomple:
A Councilmember actively pursues the award of a city contract to a company owned by a
close friend. Such activity gives the appearance of impropriety and should be avoided.
Standards of Ethical Conduct
Personal lnterests in Contracts Prohibited
No Councilmember shall participate in their capacity as a councilmember in the making of a
contract in which the Councilmember has a personal interest, direct or indirect, or performs in
regard to such a contract some function requiring the exercise of discretion on behalf of the
City. Except, that this prohibition shall not apply where the councilmember has only a remote
interest in the contract as defined in RCW 42.23.040 and summarized below and where the fact
and the extent of such interest is disclosed and noted in the official minutes or similar records
of the City prior to formation of the contract and thereafter the City Council authorizes,
approves, or ratifies the contract in good faith by a vote of its membership without counting
the vote or votes of the Councilmember(s) having the remote interest
For purposes of this section, a "remote interest' means:
1. that of a non-salaried officer of a non-profit corporation;
2. that of an employee or agent of a contracting party where the compensation of such
employee or agent consists entirely of fixed wages or salary;
3. that of a landlord or tenant of a contracting party;
4. that of a holder of less than one percent of the shares of a corporation, limited liability
company or other entity which is a contracting party.
Personol lnfluence in Controct Selection Prohibited
No Councilmember shall influence the City's selection of, or its conduct of business with, a
corporation, person, or firm having or proposing to do business with the City if the
Councilmember has a personal financial interest, direct or indirect in or with the corporation,
person, or firm, unless such interest is a remote interest as defined in RCW
42,23.040 and summarized herein and where the fact and extent of such interest is disclosed
and noted in the official minutes or similar records of the City prior to formation of the contract
and thereafter the City Council authorizes, approves, or ratifies the contract in good faith by a
vote of its membership sufficient for the purpose without counting the vote or votes of the
Councilmember(s) having the remote interest.
Example:
A Councilmember is requested to vote to award a contract to a company that employs the
Councilmember. lf the Councilmember has a beneficia! interest in the contract either
direct or indirect such as through a business profit sharing plan, the contract cannot be
approved. lf the Councilmember has no such interest and/or is subject to the remote
interest rule, the Councilmember must disclose his/her interest and abstain from voting.
Further, the Councilmember may not attempt to influence the votes of other
Councilmembers. Questions regarding these kinds of situations should be directed to the
City Attorney for review.
Disclosu re of Confidential I nformotion
A Councilmember shall not disclose or use any confidentia!, privileged, or proprietary
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information gained by reason of his or her position for a purpose other than a City purpose;
provided, that nothing shall prohibit the disclosure or use of information which is a matter of
public knowledge, or which is available to the public on request. lnformation obtained during
Executive Sessions is deemed confidential.
Examples:
A Councilmember purchases !and with advanced, undisclosed knowledge of the route of a
new transit !ine that, when completed, will substantially increase the value of the land.
The Councilmember's purchase of the land based on "inside" information violates this
section off the Code of Ethics.
While having a conversation with Union leadership, a Councilmember discloses
information discussed during Executive Session about !abor negotiation strategy. The
Councilmember's conduct violates this section's prohibition against disclosing information
discussed in Executive Session.
Acceptonce of Compensotion Gifts. Fovors. Rewards. or Gratuitv Prohibited
City Councilmembers may not, directly or indirectly, give or receive, or agree to give or receive,
any compensation, gift, favor, reward, or gratuity for a matter connected with or related to the
officer's performance of officia! duties for the city. Prohibited conduct includes, but is not
limited to, the following:
a) Accepting cash or other cash equivalents such as gift cards or gift certificates regardless
of value except as part of an interna!, recognized, and sanctioned city incentive
program.
b) Accepting gifts, gratuities, loans, entertainment or other items of value from anyone
with whom the city regularly transacts business, who has or seeks a contract with the
city, or who desires other official action from the city.
c) Giving, offering or promising anything of value to a customer, a potential customer, or a
financial institution in connection with any transaction or business that the city may
have with that customer, potential customer, or financial institution.
d) Misusing confidential city information or disclosing such information to any individual
who does not have a need to know the information.
e) Using the city's name, account or credit to purchase merchandise for personal use
Exceptions. The prohibition regarding accepting compensation, gifts, or rewards shall not apply
to:
a) Receiving items from family members or friends where it is clear beyond a reasonable
doubt that the gift was not made to gain or maintain influence;
b) Receiving items exchanged equally among Councilmembers at a social event hosted or
sponsored by an officer of the city for other officers or employees of the city.
c) Receiving items of nominal value provided for advertising purposes such as pens,
calendars, or items received at a conference;
d) Payment by a governmental or non-governmental entity of reasonable expenses
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incurred in connection with a speech, presentation, appearance or trade mission made
in an official capacity. Reasonable expenses are limited to travel, lodging and
subsistence expenses incurred the day before through the day after the event;
e) Payment of fees and reasonable travel expenses for attending seminars or educational
programs sponsored by a government or bonafide non-profit professional, educationa!,
trade or charitable association or institution. Reasonable
f) expenses are limited to travel, lodging and subsistence expenses incurred the day
before through the day after the event;
g) Discounts available to the individual as a member of a group, occupation or similar
broad-based group;
h) Awards, prizes, scholarships or other items provided in recognition of academic, sport,
or scientific achievemenU
i) Attendance of the Councilmember at a hosted meal where official attendance by the
Councilmember as a city representative is appropriate;
j) Campaign contributions that are in compliance with Chapter 42.77 RCW.
Exomple:
The Anyname Company has submitted a bid on a City project. The President of Anyname
approaches a City Councilmember and promises that if his firm is the successful contract
bidder, he will buy supplies from a firm owned by the Councilmember. The
Councilmember promises to use his/her position to secure the contract for Anyname.
Such actions are a violation of this section of the Ethics Code.
Certain Emplovment Prohibited
No City Councilmember shall engage in or accept employment or render services for any
employer when such employment or service creates a conflict of interest with a duty owed to
the city or conflicts with the proper discharge of official city duties.
Example:
A Councilmember, who is also a real estate agent, represents a client who is in
competition with the City for a parcel of land. The Councilmember is in violation of this
section of the Code of Ethics.
Personol lnterest in Leaislotion Prohibited
No City Councilmember shall benefit either directly or indirectly from any legislation or have a
financial interest in any legislation coming before the City Council nor participate in discussion
with or give an opinion on such legislation, unless such interest is a remote interest as defined
in this section and where the fact and extent of such interest is disclosed and noted on the
record of the Council, or similar records of the City prior to consideration of the legislation by
the City Counci!. City Councilmembers' participation in the enactment of legislation shall be
governed by Ch. 42.23 RCW- the Code of Ethics for Municipal Officers and Ch. 42.36 RCW- The
Appearance of Fairness Doctrine. City Councilmembers shall not be prohibited from
participating in the adoption of legislation when the Councilmember has only a remote interest
in the legislation as defined in this section, which has been disclosed, and the legislation is
applicable to the general public and not of specific or unique benefit to the Councilmember.
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Questions regarding these kinds of situations should be directed to the City Attorney for
review.
!mproper Use of Position Prohibited
A Councilmember shall not knowingly use his or her office or position to secure personal
benefit, gain or profit, or use his or her position to secure special privileges or exceptions for
himself or herself, or for the benefit, gain, or profits of any other persons.
lmprooer Use of Citv Personnel Prohibited
A Councilmember shall not employ or use any person under his or her official control or
direction for personal benefit, gain, or profit.
lmproper Use of Citv Propertv Prohibited
A City Councilmember shall not use city-owned vehicles, equipment, materials, money, or
property for personal or private convenience or profit. Such use is restricted to those city
services that are available to the public generally, for the authorized conduct of official business
or for such purposes and under such conditions as are approved by the city counci!, city
administrator or designee.
A Councilmember shal! not utilize the City's name, letterhead or logo for the purpose of
endorsing any political candidate, business, commercial product, or service.
lmoermissible Conduct after Leaving CiW Office
Disclosure of Privileaed. Confidentiol.or Proprietorv lnformotion Prohibited
No former City Councilmember shall disclose or use for his or her persona! gain or that of any
other person any privileged, confidentia!, or proprietary information gained because of his or
her city office.
Porticipotion in Citv Motters Prohibited
No former City Councilmember shall, during the period of one year after leaving office:
Assist any person in matters involving the city if, while in the course of duty with the city, the
former Councilmember was officially involved in the matter, or personally and substantially
participated in the matter, or acted on the matter; or
Represent any person as an advocate in any matter in which the former Councilmember was
involved while a Councilmember; or
Participate as or with a bidder, vendor, or consultant in any competitive selection process for a
city contract in which he or she assisted the city in determining the project, or work to be done
or the process to be used.
Violation of the Code of Ethics
Violations of the Code of Ethics shall be subject to enforcement under RCW 42,23.050 and/or
the imposition of any penalty, sanction, remedy, or injunction as may be authorized by law.
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