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The following words and phrases as used in this Chapter shall, unless the context clearly indicates otherwise, have the meanings as follows:

"Anything of value" means any personal benefit to County personnel, members of his or her immediate family, or a business with which the County personnel or family member is associated, including the following: compensation, favors, benefits, meals, lodging and travel other than that authorized by Chapter 3.92 PCC, entertainment, any real or personal property of any kind or the voluntary rendition of services of any kind or the promise of future employment or personal benefit whether or not such items are in the form of a gift, loan, political contribution or award. Anything of value does not include items excluded from "gifts" under these definitions.

"Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, consultant, holding company, joint stock company, receivership, trust or any legal entity organized for profit.

"Business with which an individual is associated" means any business in which Pierce County personnel or a member of the personnel's immediate family:

1. Is a director, officer, partner, employee; or

2. Knowingly owns, directly or indirectly, an interest (a) that exceeds one-tenth of one percent of the outstanding stock of all categories if the business is incorporated, or (b) that exceeds 1 percent of the net worth of an unincorporated business, or (c) that exceeds 1 percent of all debt obligations of the business, incorporated or unincorporated; or

3. Attributes 5 percent or more of the net worth of the individual to ownership of a financial interest in the business.

"Candidate" means any individual who seeks election to public office. Pursuant to RCW 42.17.020, an individual shall be deemed to seek election when he first:

1. Receives contributions or makes expenditures or reserves space or facilities with intent to promote his candidacy for office; or

2. Announces publicly or files for office.

"Compensation" means payment in any form for real or personal property or services of any kind; provided, that "compensation" shall not include per diem allowances or payments made by a sponsoring entity to reimburse a public official or employee for expenses incurred while engaged in the official business authorized by the sponsoring entity.

"Complainant" means any person filing a complaint of a violation of the Code as set forth in PCC 3.12.080.

"Confidential information" means information exempt from public inspection and information as required under PCC 3.12.030 and 3.12.080.

"County" means Pierce County.

"De minimus" means small, slight or trifling.

"Elected or appointed official" means any person elected at a general or special election to any executive, legislative or judicial County office and any person who is appointed to fill an elective County office. For purposes of this Code, Superior Court Judges are deemed State officials and are thus excluded from this definition.

"Ethics Commission" or "Commission" means the Commission referred to in the Pierce County Charter, Section 9.50 and established in PCC 3.12.070.

"Executive" means the individual who serves as Chief Executive Officer of Pierce County pursuant to Pierce County Charter, Section 3.20.

"Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, gift, contract, promise or agreement to make an expenditure. The term "expenditure" also includes a promise to pay, a payment or a transfer of anything of value in exchange for goods, services, property, facilities or anything of value. For the purposes of this Chapter, agreements to make expenditures, contracts and promises to pay may be reported as estimated obligations until actual payment is made.

"Gift" means anything of value for which no consideration is given, but shall not include the following:

1. Items from family members or friends; provided, that 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 agency of which the recipient is an officer or employee;

2. Items related to the outside business of the recipient that are customary and not related to the recipient's performance of official duties;

3. Items exchanged among officials and employees or a social event hosted or sponsored by a County officer or County employee for coworkers;

4. 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;

5. Items a County officer or County employee is authorized by law to accept;

6. Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution. 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;

7. Items from which the recipient receives no personal benefit and which are returned by the recipient to the donor within 30 days of receipt;

8. Campaign contributions;

9. Discounts available to an individual as a member of an employee group, occupation, or similar broad-based group;

10. Awards, prizes, scholarships, or other items provided in recognition of academic, scientific or other achievement;

11. Any symbolic presentation the nature of which is not to financially benefit the recipient;

12. Relatively inexpensive items of personal property such as a box of candy or a bouquet of flowers which are given as a simple act of human kindness, thoughtfulness and appreciation; and

13. Door prizes and raffles awarded at events where the recipient is randomly selected based purely on chance.

"Governmental body" means any department, office, commission, council, board, administration or other establishment in the administrative, legislative or judicial branch of County government over which County government may lawfully exercise its jurisdiction.

"Hearing Officer" means that person designated in PCC 3.12.060 and 3.12.080 as the proper person to receive complaints of violations of this Ethics Code and to make an initial review of such complaints for the purposes and in the manner as set forth herein.

"Honorarium" means money or thing of value offered to a County officer or County employee for a speech, appearance, article, or similar item or activity in connection with the County officer's or County employee's official role, but does not include reimbursement of expenses reasonably incurred.

"Immediate family" means spouse (unless a legal separation exists), dependents, and any other individuals residing in the person's household.

"Lobby" and "lobbying" each mean a lobbyist's attempt to influence, by communicating with Councilmembers or Council staff of the Pierce County Council, to develop, adopt, modify or reject legislation, or attempt to influence, by communicating with the Executive or Executive staff, to approve or veto adopted legislation, or part thereof, presented to them.

For purposes of this Chapter, the terms "lobby" and "lobbying" do not include any of the following:

1. The act of communicating with the members of an association or organization by that same association or organization;

2. Communications or other actions made by a person related to a quasi-judicial proceeding before the Council;

3. Communications or actions made by a person related to proposed motions to confirm or reject appointments by the Executive;

4. Communications or actions made by a person related to proposed motions to exercise the Council's power of confirmation or removal;

5. Communications or other actions related to proposed employment actions concerning legislative branch employees;

6. Communications or other actions by any County employee acting within the scope of their employment with the County; or

7. Communications or other actions by representatives of labor organizations related to existing or proposed collective bargaining agreement(s) with the County or other legislation which could affect specific existing or proposed collective bargaining agreements.

"Lobbyist" means any person who lobbies for compensation.

"Person" means:

1. An individual;

2. A partnership, limited partnership, public or private corporation, or joint venture;

3. A nonprofit corporation, organization, or association, including but not limited to a national, state, or local labor union or collective bargaining organization and a national, state, or local trade or professional association;

4. A federal, state, or local governmental entity or agency, however constituted;

5. A candidate, committee, political committee, bona fide political party, or executive committee thereof; and

6. Any other organization or group of persons, however organized.

"Pierce County employee" means any individual who holds a position listed in PCC 3.08.120 or who is responsible for taking or recommending Pierce County official action of a nonministerial nature with regard to:

1. Contracting or procurement;

2. Administering or monitoring grants or subsidies;

3. Planning or zoning;

4. Inspecting, licensing, regulating or auditing any person;

5. Any other activity where the official action has an economic impact of greater than a de minimus nature on the interests of any person.

"Pierce County personnel" means any employee or elected or appointed official of Pierce County.

"Political contribution" means any advance, conveyance, distribution, transfer of funds or anything of value, including personal and professional services for less than full consideration, loan, payment, pledge, forgiveness of indebtedness, forbearance, gift, deposit, subscription or purchase of a ticket to a testimonial or similar fund-raising affair in connection with a political campaign and any agreement or other obligation to make a political contribution.

"Private purpose" means any non-County purpose, but does not include purposes officially sanctioned by County officers with authority to so sanction, including those that may be undertaken in cooperation with other governmental or non-profit entities. Private purpose includes benefits received by the County personnel, members of his or her immediate family, domestic partners or members of the domestic partner's immediate family, and/or a business or other individuals with whom the County personnel is associated.

"Respondent" means any person who is named by a complainant as allegedly violating this Code.

"Resources" means County owned or supplied assets including: facilities, vehicles, property, supplies, materials, equipment, time, stationery, postage, machines, use of County employees during working hours, office space, publications, and clientele lists of persons served.

(Ord. 2023-39 § 1, 2023; Ord. 2017-81 § 1 (part), 2017; Ord. 2015-88 § 1 (part), 2016; Ord. 2007-118s2 § 1 (part), 2008; Ord. 82-52 § 2 (part), 1982; Prior Code § 6.01.020)