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A. No official or employee may accept employment or engage in any business or professional activity that the official or employee might reasonably expect would require or induce him or her to disclose confidential information acquired by the official or employee by reason of the official’s or employee’s official position.

B. No official or employee may disclose confidential information gained by reason of the officer’s or employee’s official position or otherwise use the information for his or her personal gain or benefit or the gain or benefit of another, unless the disclosure has been authorized by the mayor (or majority vote of the city council) or by terms of a contract involving:

1. The city; and

2. The person or persons who have authority to waive confidentiality of the information.

C. An official or employee shall not use information acquired in confidence from a city customer, supplier, lessee or contractor for other than city purposes.

D. This section does not prevent an official or employee from giving testimony under oath or from making statements required to be made under penalty of perjury or contempt.

E. The mayor shall determine, acting in the best interest of the city, whether information is confidential; provided a majority of the city council may vote to release any information which is not by law required to be kept confidential. The types of information listed in RCW 42.17.310 are presumed confidential, unless the mayor (or city council by majority vote) determines it is not.

In any matter involving an advisory body, the presiding officer shall determine, acting in the best interests of the city, whether information is confidential, subject to approval by the mayor or city council by majority vote.

In any matter involving city employees, the higher ranking person shall determine, acting in the best interests of the city, whether information is confidential, subject to approval by the mayor. For example, a department head, meeting with employee B to discuss employee C’s job performance, may determine that information discussed is confidential. (Ord. 2112 § 2, 1996)