2.95.050 Gifts and favors.
(1) Definitions. For purposes of this section, the following terms have the given meaning:
(a) “Gift” means anything of economic value for which no consideration is given. “Gift” does not include:
(i) Items from relatives or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the City or with the recipient in connection with City matters;
(ii) Items related to the outside business of the recipient that are customary and not related to the recipient’s performance of official duties;
(iii) Items exchanged among officials and employees or a social event hosted or sponsored by a City officer or City employee for co-workers;
(iv) 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;
(v) Items an official or employee is authorized by law to accept;
(vi) Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide nonprofit governmental or nonprofit professional, educational, trade, or charitable association or institution. As used in this subsection, “reasonable travel expenses” are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;
(vii) Items returned by the recipient to the donor within 30 days of receipt or donated to a charitable organization within 30 days of receipt;
(viii) Campaign contributions reported under Chapter 42.17 RCW;
(ix) Discounts available to an individual as a member of an employee group, occupation, or similar broad-based group;
(x) Awards, prizes, scholarships, or other items provided in recognition of academic or scientific achievement.
(b) “Single gift” means any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under this subsection.
(c) “Single source” means any person, corporation, or entity, whether acting directly or through any agent or other intermediary.
(2) Prohibited Gifts. Officials shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, which are not available to the public in general. They may not solicit or receive any thing of monetary value from any person or entity where the thing of monetary value has been solicited, received, or given or, to a reasonable person, would appear to have been solicited, received, or given with intent to give or obtain special consideration or influence as to any action by the official in his or her official capacity; provided, that nothing shall prohibit campaign contributions which are solicited or received and reported in accordance with applicable law.
(3) Limitations on Gifts. Other than those specified in this section, no official may accept gifts beyond the following limitations:
(a) Single Gift. An official shall not accept a single gift with a value in excess of $50.00 in accordance with RCW 42.52.150(1).
(b) Single Source. An official shall not accept gifts from a single source with an aggregate value in excess of $50.00 in a calendar year.
(c) The value of gifts given to an official’s family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.
(d) If the $50.00 limit in RCW 42.52.150(1) is amended, this section shall be deemed to reflect the amended amount.
(4) Exemptions. The following items are presumed not to influence the vote, action, or judgment of the official, or be considered as part of a reward for action or inaction, and may be accepted without regard to the limitations established by subsection (3) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(d) Unsolicited items received by an official for the purpose of evaluation or review, if the official has no personal beneficial interest in the eventual use or acquisition of the item;
(e) Informational material, publications, or subscriptions related to the recipient’s performance of official duties;
(f) Food and beverages consumed at hosted receptions where attendance is related to the official’s official duties;
(g) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization;
(h) Unsolicited gifts from dignitaries from another state or a foreign country which are intended to be personal in nature; and
(i) Food and beverages on infrequent occasions in the ordinary course of meals where attendance by the official is related to the performance of official duties.
(j) The presumptions of this subsection (4) are rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item. (Ord. 14-16 § 1 (Exh. A))