COMMISSION AGENDA – Action Item No. 10b Page 3 of 4
Meeting Date: January 14, 2025
Template revised June 27, 2019 (Diversity in Contracting).
with Public Duties” to align with state law and incorporate wider potential application i.e.
service on non-profit boards.
• Section 3: Interests in Contracts – aligned with state law (contracting violations can be
from direct or indirect interests; updated exceptions to align with state law and include
consistent references to immediate family; updated exceptions consistent with
RCW 42.23 (language and $3K statutory amount)).
• Section 4: Statement of Financial Affairs – simplified provision to align with Public
Disclosure Commission requirements.
• Section 5: Acceptance of Gifts – clarified rules regarding the acceptance of gifts on behalf
of the Port; added exceptions consistent with state law, including adding an exception for
food and beverages.
• Section 6: Former Port Commissioners – added language regarding maintaining
confidentiality; and general section clean-up including timelines associated with
provisions.
• Section 7: Participation on Non-Profit Boards – created a new section addressing service
on non-profit boards, with service creating a remote interest in contracts. The provision
states that Commissioners do not violate the code when approving membership fees for
non-profits upon which board the commissioner serves during the port budget approval
process. In approving the budget, commissioners shall not advocate for adjustment to
proposed fee amount or membership status for non-profits upon which board the
commissioner serves. Commissioners may express support of policy positions of a non-
profit organization upon which the commissioner serves except when the commission is
considering or approving a contract with the non-profit in which the commissioner has a
remote interest. This section aligns with statutory provisions.
• Section 8: Board of Ethics – aligned with current Board of Ethics (‘board’) practices; added
language to define the board as investigative agency to allow potential use of Public
Records Act exemption 42.56.240(2) for complainants to provide confidentiality when
applicable; provided clarity around submission of complaints to the board (filed by non-
employees) or to the Port’s Office of Workplace Responsibility (filed by employees);
provides for notice to parties at the point of complaint intake and throughout the
complaint process; clarifies the screening process to be completed by the board with
assistance of an outside investigator when necessary; specifies timelines to complete the
complaint screening process; timelines to complete investigations; specifies complaint
deliberation processes in-line with Open Public Meeting Act requirements; addresses
corrective action determinations; specifies provisions for the board of ethics to issue
advisory opinions with protections for reliance on these determinations; and if an ethics
complaint is dismissed by the board and its investigation indicates potential violations of
the behavioral standards referenced in Section 9 of the Code, the Board shall refer the
matter to the Governance Committee for further review.
• Section 9: Violations of Commission Bylaws and Rules of Procedure Behavior
Commitments – sends written complaints of alleged Commission behavioral standards
and port statement of values violations to the Governance Committee (when such