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EXPLANATION OF THE CITY'S ETHICS CODE
FOR CONTRACTORS, VENDORS, CUSTOMERS,
AND CLIENTS
This page highlights areas of the Code that pertain to contractors, vendors, and regulated parties, and also to customers and clients. It is one of our efforts to increase awareness of the City's Ethics Code and to help you support employees' ethical behavior. For more information, contact the SEEC. You may also download a brochure, in PDF format, that explains the Code.
The Seattle Ethics Code was created to inspire public trust in City government and to ensure that City officers and employees are "independednt, impartial, and responsible to the people." The Code sets ethical standards about work activities, business relationships, and the use of City resources that apply to all City employees, elected officials, and members of most City boards and commissions.
In March, 2006, the Commission adopted a new Gift Rule that describes some circumstances under which gifts accepted by City officers and employees would not violate the Code. It also sets some new parameters for accepting gifts. You may download the Gift Rule in pdf form here. Please note that employees who are offered gifts outside of the "safe harbors" described in the Rule should either decline the gift or call the Commission office for guidance.
Click or scroll down for more answers regarding the following topics.
GIFTS
- Question: I would like to deliver a large basket of fruit and candy to a City work group thanking them for the work we've done together. Is this permitted?
Answer: City employees may not accept gifts, loans, or other things of value in appreciation for their work or services, or gifts that appear to be given to influence future City actions. If you want to thank a City employee, the best way is to write a letter of praise to the employee's supervisor or department head.
If you want to appreciate people you've worked with, it is permissible for you to send tokens of appreciation that are valued at $25 or less and can be shared, such as a box of candy or flowers. Elaborate bouquets or gift baskets exceeding that value are not appropriate. Moreover, the cumulative value of such items must not exceed fifty dollars from a single source in a calendar year.
Employees responsible for purchasing cannot receive gifts or premiums for the City orders they place. And they cannot purchase items for their personal use under the City's discount.
- Question: Is it okay to invite a City workgroup to an open house at our office to celebrate the work we've done together?
Answer: This situation is not one of the "safe harbors" described in the Gift Rule for City employees who participate in "contractual or regulatory decisions" with a contractor or vendor. The answer depends on the nature of the work that you do and that the City employees do, and the nature of the event. Employees are encouraged to turn down such invitations or contact the SEEC for advice.
SOLICITING ITEMS
- Question: Is it OK for an employee to ask me for a donation to a charity auction?
Answer: City employees may not ask people with whom they do City business to donate items, whether for personal, charitable, or other purposes. Nor can they accept unsolicited items from you for charitable purposes.
Employees also cannot ask businesses they regulate or inspect for donations of meeting spaces or supplies.
NO FREE MEALS
- Question: When I'm meeting with City employees over lunch, I'd like to treat them out of my expense account. Is this ok?
Answer: No, City employees may not accept free meals from people with whom they do City business, or who wish to do business with the City. The employee should pay his or her own way each time.
REFRESHMENTS AT MEETINGS
- Question: Are we prohibited from offering City employees refreshments during a meeting in our office?
Answer: City employees may accept basic refreshments--such as coffee, tea, soft drinks, doughnuts, or cookies--when attending meetings in your office. If the meeting spans mealtime, the employee or work group must pay for the value of their meal.
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USE OF CITY FACILITIES AND RESOURCES
- Question: Can we use the City's tools for our project?
Answer: If your contract with the City calls for the City to provide tools, then of course you may. However, City property, including City paid time, vehicles, tools, and equipment may only be used for a City purpose. An employee may not use them or loan them for private use.
CONFLICT OF INTEREST
- Question: Our City project manager's spouse has just hired on with our company. Is there any problem with this?
Answer: Employees may not take part in City business where they, or an immediate family member or household member, have a financial or private interest. The employee must either stop working on your project or contact the SEEC for advice.
Even if the employee does not have an actual financial interest in your project, City employees also are prohibited from taking part in City business where they would appear to have a conflict of interest or impaired judgment.
This includes selection processes. City employees must withdraw from a vendor selection process if one of the competitors is a relative or household member, or if a competitor has been the employee's business partner or client within the last twelve months, or if the employee's relationship with the candidate would appear to a reasonable person to impair the employee's judgment.
- Question: I'd like to hire the City employee I deal with all the time. May I offer her a job?
Answer: You may offer the employee a job. Be aware, though, that once you open discussions about prospective employment with a City employee, that employee cannot be involved in City matters affecting your business. A reasonable person will believe that your discussions have created a conflict of interest, and will influence the employee's dealings with you. See below for limits on a former employee's activities after leaving City employment.
ADVERTISING
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Question: People who use the City's services could also use mine. Is it ok for me to give a supply of brochures to the City employees I deal with?
Answer: Employees cannot use their positions for anyone's private gain, or use City resources for a non-City purpose. Therefore, they cannot hand out or post advertising materials, including your discount coupons or logo items.
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INVITATIONS TO SEMINARS & CONFERENCES
- Question: My company would like to fly the City employee I deal with to our head office for some training. Can we?
Answer: City employees may attend educational programs paid for by City vendors or potential vendors only under limited conditions outlined in the Gift Rule: 1) the gift complies with City and departmental policies for accepting gifts, 2) the expenses are reimbursable under the City's Travel Policies and Procedures, 3) the City--not the donor--determines who will use the gift, and 4) the City's receipt of the gift is documented appropriately.
Neither the City nor the employee can accept reimbursement for expenses incurred that are not allowable under the City's Travel Policies and Procedures. In all cases, the event must serve a City purpose. If you are required by contract to provide training or education to City employees, the employee's attendance is subject to the same conditions.
Remember, reimbursement for travel and lodging must be made to the City, not to the individual. And the employee cannot accept your treat for special events connected with the conference trip, such as a golf game or night on the town.
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AFTER LEAVING CITY EMPLOYMENT
- Question: I'd like to hire an employee I've dealt with at the City. May I?
Answer: You may hire a current or former City employee. Keep in mind, however, that the Ethics Code places some restrictions on that employee's activities for twelve months following separation from the City. City officers and employees must wait one year after leaving the City before they can (i) assist others in proceedings involving their former agency, (ii) assist or represent others on matters in which they were officially involved, or (iii) compete for contracts when they helped determine the scope of work or the process for selecting a contractor.
The employee is also prohibited from sharing or using confidential or proprietary information. This prohibition has no time limit. The employee cannot share or use information that is not otherwise available to the public.
Please also see Conflict of Interest above, regarding limitations on the activities of a current employee receiving a job offer from a City contractor.
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ETHICS COMPLAINTS AND CONSEQUENCES
- Question: What do I do if I see inappropriate action by a City employee?
Answer: Anyone who feels a City officer or employee has violated the Ethics Code may complain to the Ethics and Elections Commission. Commission staff will investigate whether there is a Code violation.
If the Commission finds that an employee or official violated the City's Ethics Code, it may fine that person up to $5,000 per violation plus costs and restitution. The Commission may also recommend disciplinary action, including suspension or discharge. A complaint may be dismissed if there is no violation of the Code or if the violation is minor and inadvertent or has already been remedied.
See the questions and answers about "Complaint Procedures" and "Penalties" for more information. Potential fines for members of Advisory Boards and Commissions differ from those for employees. See the questions and answers "For Advisory Boards" for information specific to members of Advisory Boards or Commissions.
For the more information, see the Ethics Code,
SMC 4.16, or contact the SEEC.
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