Drafter
Clerk 07/01/2004
Title
AN ORDINANCE relating to oaths for disclosure statements; and amending Ordinance 1308, Section 6, as amended, and K.C.C. 3.04.050 and Ordinance 12138, Section 4, as amended, and K.C.C. 3.04.120.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 1308, Section 6, as amended, and K.C.C. 3.04.050 are each hereby amended to read as follows:
Statement of financial and other interests.
A. All candidates for county elective office, and nominees for appointment to any county elective office except for judicial candidates, within two weeks of becoming a candidate or nominee, and all elected officials who are defined as county employees under K.C.C. 3.04.017, paid in whole or in part by county funds, shall file with the board of ethics a statement of financial and other interests as defined in this section. These requirements may be satisfied by filing with the board of ethics a copy of the report required to be filed by RCW 42.17.240, if this report contains an original signature of the person filing the report. The board of ethics shall forward a copy of such statements, reports and forms to the division of records and elections, or its successor agency, within ten days of their receipt.
B. Within ten days of employment or appointment and on or before April 15 of each year thereafter, the following employees shall file a written statement of financial and other interests, as defined in this section, with the board of ethics: all employees appointed by the county executive; all employees appointed by the county administrative officer or department directors and who are subject to the approval of the county executive; all employees of the council; and such additional employees as may be determined in accordance with criteria adopted by the board of ethics under subsection C. of this section. Within two weeks of becoming a nominee for appointment to county boards and commissions, the nominee shall file a written statement of financial and other interests, as defined in this section, with the board of ethics.
C. The board of ethics shall adopt by rule criteria for determining which employees, in addition to those designated in subsection B of this section, are required to complete and file statements of financial and other interests. The criteria must consider the association between the duties and responsibilities of employees and the conflict of interest provisions in K.C.C. 3.04.030.
D.1. The statement of financial and other interests required to be filed under this section must include the following information of which the employee has, or reasonably should have, knowledge for the reporting year:
a. compensation, gifts and things of value:
(1) the name of each person engaged in a transaction, as defined by K.C.C. 3.04.017.F, with King County in which the employee may participate or has responsibility for, from whom the employee or a member of the employee's immediate family received any compensation, gift or thing of value; and
(2) the name of the individual who received the compensation, gift or thing of value and the individual's relationship to the employee;
b. financial interests:
(1) the name of each person engaged in a transaction, as defined by K.C.C. 3.04.017.F, with King County in which the employee may participate or has responsibility for, in whom the employee or a member of the employee's immediate family possessed a financial interest; and
(2) the name of the individual who possessed the financial interest and the individual's relationship to the employee;
c. positions:
(1) the name of each person engaged in a transaction, as defined by K.C.C. 3.04.017.F, with King County in which the employee may participate or has responsibility for, with whom the employee or a member of the employee's immediate family held a position;
(2) the name of the individual who held the position and the individual's relationship to the employee; and
(3) the title of the position; and
d. real property:
(1) real property, listed by street address, assessor parcel number or legal description that was either involved in or the subject of an action by King County, in which the employee or a member of the employee's immediate family possessed a financial interest;
(2) the name of the individual who possessed the financial interest and the individual's relationship to the employee; and
(3) the name of the King County department involved in the transaction.
2. Property for which the only county action was valuation for tax purposes does not have to be reported except by those employees of the department of assessments and the board of appeals who are required to file a report. The use the individual made of the real property, such as recreation, personal residence or income, does not have to be reported.
E. For purposes of the statements of financial and other interests required to be filed annually, the "reporting year" means the preceding calendar year. For purposes of the statements of financial and other interests to be filed within ten days of employment or appointment, the "reporting year" means the preceding twelve calendar months.
F. An individual filing a statement of financial affairs ((under)) in accordance with subsections A. and B. of this section shall ((swear that the statement is a complete copy of the statement filed under state law and that the information contained in the statement is true and accurate. A county employee filing a statement of financial and other interests under subsection B of this section shall swear that the information in the statement is true and accurate)) execute a written declaration that:
1. Recites that the statement is declared by the person to be true, complete and correct under penalty of perjury;
2. Is signed by the person;
3. States the date and place of the declaration's execution; and
4. States that the declaration is so declared under the laws of the state of Washington.
G. The financing of election campaigns shall continue to be governed by other applicable local, state((,)) and federal laws, and not by the provisions of this chapter.
H. Filing of the written statement of financial and other interests, as defined in this section, does not relieve the employee of the duty to notify his or her supervisor of a potential conflict of interest as required by K.C.C. 3.04.037.
I. The board may adopt rules and regulations by which affected employees may request suspension or modification of the requirements to disclose financial and other interests set forth in this section if the literal application of the requirements would cause a manifestly unreasonable hardship and the suspension or modification would not frustrate the purposes of this chapter.
J. The board of ethics may adopt necessary and appropriate rules, regulations and forms related to completing, filing, maintaining and disclosing statements of financial and other interests under this section. The board, if adopting the rules, regulations and forms, shall adopt them as provided in K.C.C. chapter 2.98.
SECTION 2. Ordinance 12138, Section 4, as amended, and K.C.C. 3.04.120 are each hereby amended to read as follows:
Disclosure of interests by consultants.
A.1. Each consultant entering into a contract to provide professional or technical services to the county costing in excess of two thousand five hundred dollars shall file both with the King County board of ethics and the executive a sworn written statement disclosing the following information:
a. any office or directorship in the consultant held by any county employee or any member of his or her immediate family;
b. any financial interest in the consultant held or received by any county employee or any member of his or her immediate family as follows:
(1) ownership of over five percent of the stock or other form of interest in the consultant; and
(2) receipt of any compensation, gift or thing of value from the consultant;
c. a list of all contracts between the consultant and the county in the five years immediately preceding the presently contemplated contract including the amount of money paid by the county to the consultant pursuant to each contract;
d. any position or positions on any county board or commission, whether salaried or unsalaried, held by any officer or director of the consultant in the five years immediately preceding the presently contemplated contract; and
e. any other information known to the consultant about any interest or relationship whatsoever between any county employee, including any member of his or her immediate family, and the consultant, other than that disclosed pursuant to subsection A.1.a. through d. of this section.
2. Unless otherwise specified in this section, the information disclosed shall cover the period twenty-four months before and including the date of filing the sworn statement.
3. A consultant filing a King County consultant disclosure form in accordance with this section shall execute a written declaration that:
a. recites that the information in the disclosure form is declared by the consultant to be true, complete and correct under penalty of perjury;
b. is signed by the consultant;
c. states the date and place of the declaration's execution; and
d. states that the declaration is so declared under the laws of the state of Washington.
B. No payment shall be made on any contract with any consultant until five days after receipt by the board of ethics and the executive of the information required to be disclosed by this section.
C. For purposes of this section, "consultant" means a person, as defined in K.C.C. 3.04.017, who by experience, training and education has established a reputation or ability to provide professional or technical services, as defined in K.C.C. 4.16.010, on a discrete,
nonrecurring basis over a limited and preestablished term as an independent contractor to the county.
ad requirements
none