Municipal Code Print

Title 01 General Provisions

Section 01.04A.020 Definitions

The following words and phrases as used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings:

“Agency” means any City board, commission, bureau, committee, department, institution, division or tribunal in City government.

“Assist” means to act, or offer or agree to act, in such a way as to help, aid, advise, furnish information to or otherwise provide assistance to another person, believing that the action is of help, aid, advice or assistance of the person with intent so to assist such person.

“Beneficial interest” has the meaning ascribed to it under the Washington case law. However, an ownership interest in a mutual fund or similar investment pooling fund in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or pool invests.

“Business” means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, consultant, holding company, joint stock company, receivership, trust or any legal entity organized for profit.

“City” means the City of Spokane, Washington.

“City action” means any action on the part of an agency, including, but not limited to:

1. a decision, determination, finding, ruling or order; and

1. a grant, payment, award, license, contract, transaction, sanction or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling or order.

“City officer” means every individual elected, appointed, hired or otherwise selected to an office or position with the City, or any subdivision, agency, committee or board thereof, whether such individual is paid or unpaid.

“Compensation” means anything of economic value, however designated, that is paid, loaned, granted or transferred, or to be paid, loaned, granted or transferred for, or in consideration of, personal services to any person.

“Confidential information” means:

1. Specific information, rather than generalized knowledge, that is not available to the general public on request; or

1. Information made confidential by law including but not limited to taxpayer information, RCW 82.32.330; information regarding organized crime, RCW 43.43.856; criminal history information, Chapter 10.97 RCW; medical records, Chapter 70.02 RCW; and juvenile records, RCW 13.50.010; or

1. Information that is initially disclosed or discussed in executive session, and which is not available to the general public on request; however

1. Confidential information does not include information authorized by the mayor or a majority vote of the council to be disclosed.

“Contract” or “grant” means an agreement between two or more persons that creates an obligation to do or not to do a particular thing. “Contract” or “grant” includes, but is not limited to, an employment contract, a lease, a license, a purchase agreement or a sales agreement.

"De Minimis" means a violation of lesser significance, or a violation more technical than substantial.

“Dishonesty" means behavior that intends to deceive or cheat people; untruthfulness; untrustworthiness. It is not possible to be negligently “dishonest.”

“Ethics Commission” means the commission on ethical conduct for and duly appointed by the City.

“Employee” means any person holding a regularly compensated position of employment with the City but does not include elected officers and persons who serve without compensation on City boards and commissions.

“Exempt employee” shall mean those City employees not represented by a recognized labor union and identified by both the City administration and the applicable labor unions as exempt confidential employees.

"False and frivolous complaint" means a complaint with no basis in fact or law.

“Family member” means:

1. a spouse or domestic partner; or

1. any dependent parent, parent-in-law, child or son-in-law or daughter-in-law; or

1. any parent, parent-in-law, child, son-in-law, daughter-in-law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of the City officer or employee.

“Gift” means anything of economic value or tangible worth for which no consideration is given. “Gift” does not include:

1. items from family members or friends where it is clear that the gift was not made as part of any design to gain or maintain influence in the agency of which the recipient is an officer or employee;

1. items related to the outside business of the recipient that are customary and not related to the recipient’s performance of official duties;

1. items exchanged among officials and employees or a social event hosted or sponsored by a City officer or City employee for coworkers;

1. 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. As used in this subsection, “reasonable expenses” are limited to travel, lodging and subsistence expenses incurred the day before through the day after the event;

1. items a City officer or City employee is authorized by law to accept;

1. payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade or charitable association or institution. As used in this subsection, “reasonable expenses” are limited to travel, lodging and subsistence expenses incurred the day before through the day after the event;

1. items returned by the recipient to the donor within thirty days of receipt or donated to a charitable organization within thirty days of receipt;

1. campaign contributions reported under chapter 42.17 RCW;

1. discounts available to an individual as a member of an employee group, occupation or similar broad-based group;

1. awards, prizes, scholarships or other items provided in recognition of academic or scientific achievement;

1. attendance of a City officer or employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business or where official attendance by the officer or employee as a City representative is appropriate;

1. an award publicly presented in recognition of public service; or

1. any item of nominal value which cannot reasonably be presumed to influence the vote, action or judgment of the City officer or employee, or be considered as part of a reward for action or inaction. An item of nominal value shall include incidental items associated with the professional conduct or courtesies of a City officer or employee’s duty including the acceptance during the conduct of official business of such items as refreshments, note pads, pens, pins and books.

“Head of agency” means the chief executive officer of an agency. In the case of an agency headed by a commission, board, committee or other body consisting of more than one natural person, agency head means the person or board authorized to appoint agency employees and regulate their conduct.

“Honorarium” means money or thing of value offered to a City officer or City employee for a speech, appearance, article or similar item or activity in connection with the City officer’s or City employee’s official role.

“Household member” means any person having a close relationship with and residing in the same household of the City officer or employee, and having agreed to be jointly responsible for basic living expenses.

“Jurisdiction," for purposes of SMC 1.04A.110, means that the Commission has authority to hear and decide the case, pursuant to SMC chapter 1.04A.

"Mitigating circumstances" means factors for the Commission’s determination that might explain a violation, in whole or in part, or make the violation more understandable and/or less subject to condemnation.

"Moral turpitude" is conduct that violates commonly accepted standards of good morals, honesty, and justice; the application of this standard depends upon the collective conscience and judgment of the members of the Commission.

“Person” means any individual, partnership, association, firm, institution or corporation, business or other entity, however constituted, organized or designated.

“Personal interest” means direct or indirect pecuniary or material benefit accruing to a City officer or employee as a result of legislation or a contract or transaction which is or may be the subject of an official act or action by or with the City except for such contracts or transactions which confer similar benefits to all other persons and/or property similarly situated. For the purpose of this chapter, a City officer or employee is deemed to have a personal interest in the affairs of:

1. any person who is a City officer or employee’s family member or household member, as defined in this chapter;

1. any business entity in which the City officer or employee is an officer, director or employee;

1. any business entity in which the stock of, or legal or beneficial ownership of, in excess of five percent of the total stock or total legal and beneficial ownership, is controlled or owned directly or indirectly by the City officer or employee;

1. any person or business entity with whom a contractual relationship exists with the City officer or employee; provided, that a contractual obligation of less than five hundred dollars, or a commercially reasonable loan made in the ordinary course of business or a contract for a commercial retail sale shall not be deemed to create an interest in violation of this chapter.

“Regulatory agency” means any City board, commission, department or officer, except those in the legislative or judicial branches, authorized by law to conduct adjudicative proceedings, issue permits or licenses, or to control or affect interests of identified persons.

“Represented employee” shall mean a City employee represented by a recognized labor union.

“Responsibility” in connection with a transaction involving the City, means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or through subordinates, effectively to approve, disapprove or otherwise direct City action in respect of such transaction.

“Staff Director” means the employee appointed by the City Attorney to, in addition to other responsibilities, assist the Ethics Commission in its duties.

"Stipulation" means agreement.

Date Passed: Monday, April 22, 2019

Effective Date: Monday, May 27, 2019

ORD C35756 Section 1

Spokane Municipal Code