COW 2018-12-10 Item 3D - Ordinance - Creation of Ethics Officer Position

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City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: November 19, 2019 SUBJECT: Ordinance amending the Ethics Code for Elected Officials Updated following 11/26 Committee of the Whole ISSUE Amendment to TMC Chapter 2.97 "Code of Ethics for Elected Officials" DISCUSSION TMC Chapter 2.97 was established in 2014 to set forth a process for handling ethics complaints against elected officials in a manner different than that used for city employees and appointed officials. The Code identifies prohibited conduct, establishes a Board of Ethics consisting of the Chairs of the City's existing Commissions, and outlines the process to be used for complaints. The proposed ordinance would amend and simplify Section 2.97.050, "Complaint Process" by creating the position of an Ethics Officer, who will be an independent contractor who is either a licensed attorney or who has municipal hearing examiner experience. The role of the Ethics Officer will be to review the incoming complaint to make a determination of sufficiency or insufficiency before an investigation is initiated, which in the current code is a role assigned to the Board of Ethics. Staff and the City Attorney believe that contracting an independent and qualified individual to make the initial determination of sufficiency or insufficiency prior to any investigation will improve and streamline the complaint process. In the proposed ordinance the Board of Ethics will maintain its current role of making a final determination as to whether a violation has occurred. Because ethics complaints are rare it is expected that this proposal will have minimal financial impact to the City. The City Council discussed the proposed ordinance and raised the following concerns at the November 26, 2018 Committee of the Whole. Staff responses, in consultation with the City Attorney, are included: Complaint Process Section B Q: Is there a consequence for violating "No person shall knowingly file a frivolous or false complaint or report of violation of this Code of Ethics"? A: This is deterrent language. The Council could choose to set a penalty, but in practice it could be difficult to prove that a complainant knowingly made a false complaint. 47