2.94.050 Acceptance of gifts.
A. Except for charitable contributions or campaign contributions required to be reported under Chapter 42.17 RCW, an official or employee may not accept gifts of cash in any amount that has any connection whatsoever with city employment or the performance of duties.
B. Except as provided in subsection (E) of this section, an official or employee may not, directly or indirectly, give or receive or agree to receive, or ask for any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty, except from the city.
C. Except as provided in subsection (E) of this section, any and all gifts received by a city employee will be given immediately to the employee’s supervisor with an explanation of the circumstances surrounding receipt of the gift. The supervisor or department head will return the gift to the sender with a written expression of thanks and an explanation of the city policy concerning gifts. A copy of the memo shall be sent to the mayor.
D. Except as provided in subsection (E) of this section, any and all gifts received by an official will be returned immediately to the sender, with a written expression of thanks and an explanation of city policy concerning gifts. A copy of the memo shall be sent to the mayor, or placed with the mayor’s records.
E.
1. An officer or employee may accept an item or cash if it is regulated or reported under Chapter 42.17 RCW.
2. No officer of employee may accept gifts 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, and only if it could be reasonably expected that the gift, gratuity, or favor would not influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction. For purposes of this section, “single source” means any person, corporation, or entity, whether acting directly or through any agent or other intermediary, and “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, not excluded from the definition of gift under LMC 2.94.020. The value of gifts given to an office’s or employee’s family member shall be attributed to the official or employee for the purposes of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member.
3. The following are presumed not to influence the vote, action, or judgment of the official or employee, or be considered as part of a reward for action or inaction, so as to allow an official or employee to receive or accept them:
a. Unsolicited advertising or promotional items of nominal value, such as pens and note pads. Employees should endeavor to use such items in the workplace instead of taking them home;
b. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
c. Unsolicited items received for the purpose of evaluation or review, if the recipient has no personal beneficial interest in the eventual use or acquisition of the item;
d. Informational material, publications, or subscriptions related to the recipient’s performance of official duties;
e. Food and beverages consumed at hosted receptions where attendance is related to the recipient’s official duties;
f. Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization;
g. Those items excluded from the definition of gift in LMC 2.94.020(I);
h. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;
i. Payments for seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution;
j. Flowers, plants, and floral arrangements. The employee receiving the gift shall:
i. Notify the employee’s supervisor of the gift;
ii. Take the item to a recognized relief agency, or alternatively, make the items available for the enjoyment of all employees in the employee’s work area; and
iii. Send a thank-you card to the provider explaining what was done with the gift.
k. Food and beverages on infrequent occasions in the ordinary course of meals where attendance is related to the performance of official duties.
The presumption in this subsection is rebuttable and may be overcome by clear and convincing evidence based on the circumstances surrounding the giving and acceptance of the item.
F. This section shall not apply to gifts made to the city. All such gifts shall be given to the mayor for official disposition. (Ord. 2112 § 2, 1996)