2.13.030 Prohibited conduct.
A. Conflicts of Interest. Officials shall not participate in quasi-judicial or site-specific land use city decisions, the purchase or condemnation of property, or city decisions involving the awarding of a grant or contract in which any of the following has an interest:
1. The official;
2. A relative;
3. An individual with whom the official resides; or
4. An entity that the official serves as an officer, director, trustee, partner or employee.
Officials shall abstain from participating in deliberations and decision-making where conflicts exist pursuant to RCW 42.23.030. RCW 42.23.040 shall apply to conflicts or potential conflicts with respect to remote interests in city decisions involving the awarding of a contract.
B. Conflict of Interest in Litigation Matters. All Bothell city council members owe a fiduciary duty to the public and are required by law to maintain confidentiality with regard to information gained through their official position. As such, a council member who participates in litigation contrary to an official city of Bothell action or position, as adopted or ratified by a majority of the city council, should recuse themselves and not participate in any vote, deliberation, executive session, or distribution of confidential information regarding further consideration or action in that matter once litigation has been served or filed regarding the matter. Litigation shall include but is not limited to legal action or appeals of any type including growth management hearings board appeals. For purpose of example and not as an exhaustive listing, a council member shall be deemed to be participating in litigation when they communicate with parties or representatives of any party engaged in litigation contrary to the city without the advice and approval of the city attorney or legal counsel for the city. Other forms of participation which are prohibited include providing information, public comment or testimony in opposition to the city or in favor of the opposing party or the opposing position in a litigation matter.
1. The fact that a council member voted in opposition or expressed an opinion in opposition to the official action or position prior to the filing or service of litigation shall not, by itself, be sufficient to trigger the need for recusal or nonparticipation.
2. Once litigation has been served or filed, communication regarding the case with anyone other than city staff or legal counsel involved in the litigation of the case is discouraged during the pendency of the litigation. Council members should not make any comment, provide any information or otherwise involve themselves in the matter without the assistance and advice of the city attorney or the city’s outside legal counsel.
3. Council members shall voluntarily recuse themselves and choose not to participate under the conditions listed above; however, if council members fail to voluntarily recuse themselves or withdraw from participation, any other council member may challenge the ongoing participation and request the challenged council member to disclose any communication and participation with regard to the pending litigation.
4. If the conflict still cannot be resolved voluntarily after such challenge, a majority plus one of the council as a whole may vote to sanction the challenged council member and limit their participation in the matter to the extent allowed by law on the basis of conflict of interest. Later legislative participation by a previously recused or sanctioned council member, related to the same issue, is not prevented by the provisions of this subsection once the conflict no longer exists or the litigation has terminated.
C. Misuse of Public Position or Resources. Except for infrequent use at little or no cost to the city, officials shall not use public resources that are not available to the public in general, such as city staff time, equipment, supplies or facilities, for other than a city purpose.
D. Representation of Third Parties. Except in the course of official duties, officials shall not appear on behalf of the financial interests of third parties before the bodies on which the officials serve or in interaction with the body’s assigned staff. Further, the members of the city council shall not appear on behalf of the financial interest of third parties before the council or any board, commission or proceeding of the city, or in interaction with staff.
E. Solicitation of Charitable Contributions. No official may make direct personal solicitations for charitable contributions from city employees.
F. Gifts and Favors. Officials shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, which are not available to the public in general. They may not solicit or receive anything of monetary value from any person or entity where the thing of monetary value has been solicited or received or given, or to a reasonable person would appear to have been solicited or received or given, with intent to give or obtain special consideration or influence as to any action by the official in an 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 (F)(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, 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. 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, family, 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 (G)(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 civic, charitable, governmental or community organization;
h. Unsolicited gifts from dignitaries from another city, state or a foreign country which are intended to be personal in nature;
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 that person were not an official.
3. The presumption in subsection (F)(2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.
G. Confidential Information. Officials shall not knowingly disclose or use any confidential information gained by reason of their official position for other than a city purpose nor may the officer use such information for personal benefit, nor may the officer engage in business or professional activity that the officer might reasonably expect would induce, by reason of an official position, to disclose such confidential information. “Confidential information” means:
1. Specific information, rather than generalized knowledge, that is not available to a person who files a public records request; and
2. Information made confidential by law.
H. Property Interest. It shall be an appearance of conflict, which must be disclosed, if any official acquires or actively seeks to acquire any interest in property in which the city has any ongoing interest or stated intent or goal to acquire or if the official will personally benefit by the city acquiring or not acquiring the property, i.e., a financial interest in the property or financial interest in immediately adjacent property. (Ord. 2182 § 1 (Exh. A), 2015).