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A. No Councilmember, board member or employee shall engage in any act which is in conflict with, or creates an appearance of conflict with, the performance of official duties. A Councilmember, board member or employee is deemed to have a conflict of interest if the Councilmember, board member or employee engages in any of, but not limited to, the following acts:

1. Employs or uses any person, property, or money under the Councilmember’s, board member’s or employee’s official control, or in the Councilmember’s, board member’s or employee’s official custody, for the private benefit or gain of that Councilmember, board member or employee or any person or entity other than the City;

2. Uses, or attempts to use, his or her official position to secure privileges or exemptions for that Councilmember, board member or employee or any other person or entity;

3. Accepts, agrees to accept, or solicits any gift, favor, reward, gratuity, or anything of economic value based upon an implicit or explicit understanding that the official services of the Councilmember, board member or employee will be provided, or official actions of the Councilmember, board member or employee would be influenced, thereby;

4. Influences the selection or nonselection of or the conduct of business between the City and any entity when the Councilmember, board member or employee has a financial interest;

5. Solicits for himself or herself or for another, a gift or any other thing of value from the City or from any person or entity having dealings with the City; provided, however, that no conflict of interest for the Councilmember, board member or employee shall be deemed to exist with respect to solicitation for campaign contributions required to be reported under Chapter 42.17 RCW or for charitable contributions;

6. Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific action or nonaction by the City Council, a board or commission of the City or any employee or employees of the City;

7. Accepts a gift in any manner other than as provided in LMC 1.32.070 (Acceptance of gifts);

8. Intentionally uses or discloses information not available to the general public and acquired by reason of his or her official position which financially benefits himself or herself, family, friends or others;

9. Accepts, agrees to accept, or solicits any gift, favor, reward, gratuity, or anything of economic value from any person, corporation, or entity involved in a transaction or contract which is, or may be, the subject of official action by the City; provided, that the prohibition against such acceptance shall not apply to:

a. Attendance at a hosted reception or meal when provided in conjunction with a meeting directly related to the conduct of City business or where official attendance by the Councilmember, board member or employee as a staff representative is appropriate;

b. An award publicly presented in recognition of public service; or

c. Any gift which would have been offered or given to the Councilmember, board member or employee;

10. Accepts employment or engages in any business or professional activity which reasonably could conflict with performance of the Councilmember’s, board member’s or employee’s official responsibilities, or which reasonably could require the disclosure of confidential information acquired by reason of public employment;

11. Engages in, accepts private employment from, or renders services for private interests when such employment or services are incompatible with the proper discharge of official duties, or would tend to impair independence of judgment or action in the performance of official duties.

B. A Councilmember or board member shall not take part in any Council or board action, as that term is defined in Chapter 42.30 RCW, concerning any contract, property, or other matter of any kind, in which the Councilmember or board member, or his or her immediate family, has a financial interest, or which otherwise creates a conflict of interest.

C. A Councilmember or board member shall disclose the fact and extent of a remote interest for the official minutes of the City Council or board or commission prior to taking any action related to the interest and, thereafter, all action taken by the City Council or board or commission related to such interest shall be by a vote sufficient for the purpose without counting the vote of the Councilmember or board member having the remote interest.

D. Restrictions after Leaving City.

1. For one year after leaving the City, a Councilmember, board member or employee may not hold or acquire a financial interest, direct or indirect, personally or through their family, in any contract made by, through, or under their supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from any person interested in such a contract or transaction.

2. For one year after leaving the City, a Councilmember, board member or employee may not (a) assist anyone in proceedings involving the City where such Councilmember, board member or employee worked on a matter in which they were officially involved in the course of their duties; (b) represent any private person as an advocate on a matter in which they were involved; or (c) compete for a City contract when they were involved in determining the scope of work or the selection process. A Councilmember, board member or employee may never disclose or use the City’s privileged or proprietary information except to perform official duties. [Ord. 27 § 5, 1996.]

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