2.94.040 Conflict of interest.
A. An official or employee shall not be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such person, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity, or reward in connection with such contract from any other person beneficially interested therein, and shall not knowingly engage in activities which are in conflict, or which have the potential to create a conflict, with performance of official duties. Examples of conflicts, or potential conflicts of interest, include but are not necessarily limited to circumstances where the official or employee, or their families:
1. Influences the selection or nonselection of or the conduct of business between the city and any entity when the official or employee has a financial interest;
2. Solicits for himself or herself or for another a gift or any other thing of value from the city or from any person or entity having dealings with the city; provided, however, that no conflict of interest for the official or employee shall be deemed to exist with respect to solicitation for campaign contributions required to be reported under Chapter 42.17 RCW or for charitable contributions;
3. Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific action or nonaction by the official or employee;
4. Accepts a gift in any manner other than as provided in subsection (E) of this section;
5. Intentionally uses or discloses information not available to the general public and acquired by reason of his or her official position which financially benefits himself or herself, family, friends or others.
B. An official or employee is not interested in a contract if he or she has only a “remote interest” in the contract. “Remote interest” means that of:
1. A nonsalaried officer of a nonprofit corporation;
2. An employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary;
3. A landlord or tenant of a contracting patty; and
4. A holder of less than one percent of the shares of a corporation or cooperative which is a contracting party.
None of the provisions of this section are applicable to any officer or employee interested in a contract, even if the officer’s or employee’s interest is only remote, if the officer or employee influences or attempts to influence any other officer or employee of the city to enter into the contract.
C. Repealed by Ord. 2493.
D. A councilmember may not vote in the authorization, approval or ratification of a contract in which he or she is beneficially interested even though one of the exceptions allowing the awarding of such contract applies. A councilmember shall disclose the fact and extent of a remote interest for the official minutes of the city council prior to taking any action related to the interest and, thereafter.
E. Restrictions after Leaving City.
1. For one year after leaving the city, a former official or employee may not hold or acquire a financial interest, direct or indirect, personally or through their family, in any contract or contracts having a total value of more than $5,000 made by, through, or under their supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from any person interested in such a contract or transaction.
2. For one year after leaving the city, a former official or employee may not:
a. Assist anyone in proceedings involving the city where such official or employee worked on a matter in which they were officially involved in the course of their duties;
b. Represent any private person as an advocate on a matter in which they were involved; or
c. Compete for a city contract when they were involved in determining the scope of work or the selection process.
3. An official or employee may never disclose or use the city’s privileged or proprietary information except to perform official duties. (Ord. 2493 §§ 1, 2, 2004; Ord. 2308 § 1, 2000; Ord. 2112 § 2, 1996)