1.32.020 Definitions.
Throughout this Code of Ethics, the following definitions shall apply:
Board Member. For the purposes hereof, “board member” shall include members of City boards, commissions, committees, or other multi-member bodies appointed by the City Council or by the City Manager.
City Council. For the purposes hereof, “City Council” or “Councilmember” shall include elected members of the City Council of the City of Lakewood, and members of the City Council appointed to fill unexpired terms of vacant positions on the City Council.
Employee. For the purposes hereof, the term “employee” of the City of Lakewood shall include all full-time, part-time, temporary and permanent employees of the City and all volunteers of the City. The term shall also include the City Manager except where the context indicates otherwise. For the purposes hereof, the terms “City employee” and “employee” are synonymous.
“Family” means spouse, parent, child, sibling, aunt, uncle, niece, nephew, cousin, grandchild, grandparent or any parent-in-law, son- or daughter-in-law, or brother- or sister-in-law. For the purposes hereof, “immediate family” shall mean spouse and dependent children.
Financial Interest. For purposes of this Code of Ethics, “financial interest” means direct or indirect monetary or material benefit accruing to a Councilmember or employee as a result of a transaction or contract which is, or may be, the subject of an official act or action by or with the City, except for such transactions or contracts which confer similar benefits upon all other persons and/or property similarly situated. For purposes of this code, a Councilmember or employee shall be deemed to have a financial interest in the affairs of:
1. Any close relative of the Councilmember or employee, or any person with whom the Councilmember or employee has a close or ongoing business relationship;
2. Any business entity, company, corporation, partnership, or joint venture in which the Councilmember or employee is an officer, director, agent, consultant or employee;
3. Any corporation in which the Councilmember or employee holds the legal, equitable or beneficial ownership of more than one percent of the outstanding stock, directly or indirectly;
4. Any person or business entity with whom/which the Councilmember or employee has a contractual relationship; provided, that a contractual obligation of less than $500.00, a commercially reasonable loan made in the ordinary course of business, or a contract for a commercial retail sale shall not create an interest in violation of the Code of Ethics.
5. Exceptions. Notwithstanding the provisions of subsections (5)(a) and (5)(b) of this definition, a financial interest shall not be deemed to exist in any component investment within any fund or plan where an owner of an interest in a mutual or other pooled investment fund or in any employee or retirement benefit plan (including without limitation, pension plans, profit sharing plans and deferred compensation plans):
a. Has no right to control or influence the selection of component investments;
b. Has not influenced the selection of component investments; and
c. Has not created or used the fund or plan to subvert the intent of this code.
“Gift” means a rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, reimbursements from or payments by persons, other than the City of Lakewood for travel or lodging or anything else of value in return for which legal consideration of equal or greater value is not given and received, excluding:
1. Things of minimal value;
2. Any contribution under Chapter 42.17A RCW (Disclosure – Campaign Finances – Lobbying – Records);
3. Any informational material transferred for the purpose of informing the recipient about matters pertaining to official City business, and that is not intended to financially benefit that recipient;
4. Any symbolic presentation not intended to financially benefit the recipient;
5. Things of value not used and that, within 30 days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;
6. Things of value received in the normal course of private business or social interaction or from family that are not related to public policy decisions or City actions;
7. The acceptance of a gift on behalf of the City pursuant to City Council rules regarding acceptance of gifts.
Manager. The “City Manager” shall mean the individual who has been appointed the City Manager of the City of Lakewood by the Lakewood City Council. For the purposes hereof, the terms “City Manager” and “Manager” are synonymous.
Public Official. For the purposes hereof, the term “public official” shall include, except where the context indicates otherwise, Councilmembers and board members.
Remote Interest. A remote interest may be deemed to exist where an individual is:
1. An unpaid officer, board member, or other person who functions in a decision-making capacity which can influence policy or funding of a corporation, partnership, joint venture or other entity;
2. A landlord or tenant of an entity contracting with the City of Lakewood; or
3. A holder of less than one percent of the shares of, or ownership interest in, a business entity contracting with the City; provided, no interest shall be deemed to be remote where a Councilmember influences or attempts to influence any other Councilmember or employee to take any action which financially benefits the Councilmember by or through the interest. [Ord. 27 § 2, 1996.]