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