HomeMy WebLinkAboutCOW 2018-11-26 Item 4D - Ordinance - Ethics Code for Elected OfficialsCOUNCIL AGENDA SYNOPSIS
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12/03/18
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ITEM INFORMATION
ITEM No.
4.D.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINAL AGENDA DATE: 11/26/18
AG F;NDA Imm Tirrul Ordinance amending the ethics code for elected officials.
C,vi'lx;()RY Z Discussion
Mtg Date 11/26/18
E Motion
Mtg Date
• Resolution
Z Ordinance
AltDate 12/3/18
El Bid Award
Mg Date
Ei Public Hearing
Mg Date
11 Other
Mtg Date
AzkgDate
SPONSOR ri Council
flMnyor OFIR II] DCDFinance Eiiee " S P&R Police EPW .Court
SP oNSOW S The proposed ordinance would amend the Ethics Code for Elected Officials to simplify the
Summ,\Ry complaint process by not requiring the Ethics Board to convene until after a determination
of complaint sufficiency has been made by an independent Ethics Officer.
REVIEWED 1311 Z C.O.W. Mtg. E CDN Comm E Finance Comm. E Public Safety Comm.
Ei Trans &Infrastructure fl Arts Comm. El Parks Comm. E Planning Comm.
DATE: 11/26/18 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN.
Commnikr:
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/26/18
12/3/18
MTG. DATE
ATTACHMENTS
11/26/18
Informational Memo dated 11/19/18
Ordinance in Draft form
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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
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.
RECOMMENDATION
Staff is seeking discussion and feedback on the proposed amendments to TMC 2.97, with
possible consensus to forward to the December 3, 2018 Regular Meeting for action.
ATTACHMENTS
Draft Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2447 §5, AS CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTER 2.97, "CODE OF ETHICS FOR ELECTED
OFFICIALS," TO CREATE THE POSITION OF ETHICS
OFFICER; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, State law prohibits certain conduct of City elected officials while serving
the City; and
WHEREAS, the City Council adopted a Code of Ethics for Elected Officials by
Ordinance No. 2447 on August 4, 2014; and
WHEREAS, the City desires to provide for uniform investigation and adjudication of
ethics complaints; and
WHEREAS, the City Council desires to create the position of Ethics Officer to simplify
the complaint process and to avoid undue waste caused by unnecessary investigations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 2.97.040 Amended. Ordinance No. 2447 §5, as codified
at Tukwila Municipal Code (TMC) Section 2.97.040, "Board of Ethics," is hereby amended
to read as follows:
2.97.040 Ethics Officer and Board of Ethics
A. There is created a position of Ethics Officer. The purpose of the Ethics Officer is
to review ethics complaints for an initial determination of sufficiency as described in TMC
Section 2.97.050, before an investigation is initiated, and to provide advisory opinions for
elected officials when requested. The City will contract with one or more qualified
individuals or agencies to fill this position. To be qualified, the Ethics Officer must have
prior experience working as a hearing examiner for Washington State municipalities or as
a licensed attorney in good standing with the Washington State Bar Association. The
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Ethics Officer shall not conduct or participate in any hearing or decision in which the Ethics
Officer has a direct or substantial financial interest or that otherwise constitutes a conflict of
interest for the Ethics Officer.
BA. There is created a Board of Ethics for the City of Tukwila. The purpose of this
Board of Ethics is to re ew eth-i com for an—i nitial—ceterc minatio of sufficiency
before an investigation is initiated adjudicate ethics complaints against elected officials,
once an initial determination of sufficiency has been made by the Ethics Officer. and
provide advi ory opinions for Elected Officialo when requesters
Cia. The Board of Ethics shall be composed of five members and shall be comprised
of one member from each of the City's five standing Commissions: the Planning
Commission, the Arts Commission, tho Park Commission, the Equity and Diversity Social
Justice Commission and the Civil Service Commission. Should the chair of any
Commission be unable or unwilling to serve on the Board of Ethics, the Commission shall
select a member to serve on the Board.
DG. The Chair of the Board shall be elected by the Board members and shall serve as
Chair for one year, at which time a new election shall occur.
ED. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet
as frequently as it deems necessary and in accordance with the provisions of the Tukwila
Municipal Code. The Board shall adopt procedures consistent with the provisions of the
Tukwila Municipal Code governing the conduct of its meetings. The Board shall be
supported by the City Attorney or assigned independent legal counsel.
Section 2. TMC Section 2.97.050 Amended. Ordinance No. 2447 §5, as codified at
TMC Section 2.97.050, "Complaint Process," is hereby amended to read as follows:
2.97.050 Complaint Process
A. A complaint that this Code of Ethics has been violated may be filed with any one
of the following officers, or his/her designee(s):
1. Mayor; of
2. City Attorney, or
3. Council President-, or
4. City Clerk.
B. No person shall knowingly file a frivolous or false complaint or report of violation
of this Code of Ethics.
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C. No complaints shall be accepted or considered which relate to actions that took
place more than five years prior to the date such complaint was filed.
DG. Any individual receiving a complaint that this Code of Ethics has been violated
has an obligation to promptly forward the complaint, in writing, to the Board of EthicsEthics
Officer for a sufficiency determination. After reviewing the complaint, the Board Ethics
Officer may take any of the following actions and inform the complainant, the respondent
and the City Attorney, Mayor, or Council President as appropriate:
1. Determine that the facts stated in the complaint, even if true, would not
constitute a violation of the Code of Ethics.
2. Determine that the facts stated in the complaint, even if true, would not
constitute a material violation of the Code of Ethics because any potential violation was
inadvertent or minor or has been adequately cured, such that further proceedings on the
complaint would not serve the purposes of the Code of Ethics.
3. Make a preliminary determination that the facts stated in the complaint, if
true, could potentially constitute a violation of the Code of Ethics such that further
proceedings are warranted.
ED. The Ethics OfficerBoard shall submit a written report of its determination of
sufficiency with its findingsto the City within 10 20 days of its receipt of the written
complaint. If the Ethics Officer determines that the complaint is insufficient, the complaint
is dismissed and the matter is thereby closed. If the Board Ethics Officer finds determines
the complaint sufficient, then the complaint shall be investigated as set forth below in this
section. The Board'sEthics Officer's determination of sufficiency is final and binding and
no appeal is available.
FE. For all sufficient complaints determined to be sufficient by the Ethics Officer, the
City Attorney shall promptly designate an individual to conduct an investigation of the
complaint and shall forward a confidential memorandum to all Elected Officials informing
them that a complaint has been made.
G. The individual designated to conduct the investigation shall notify the subject of
the complaint that a complaint has been made. The designated investigator shall then
complete the investigation and prepare written findings and conclusions within 60 days of
the date the complaint is deemed sufficient, unless an extension is granted in writing by
the City Attorney. A copy of the written investigation findings and conclusions shall be
provided to the City Attorney.
HG. Within 5 business days of receipt of the investigator's written findings and
conclusions, the City Attorney shall forward a copy of the investigation to the Chair of the
Ethics Board. Copies of the recommended disposition and investigation findings and
conclusions shall be forwarded by certified mail to the complaining party and the party
complained against at their last known addresses.
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114. Within 10 business days of receipt of the investigator's report, the Board of Ethics
shall convene and review the complaint, findings, conclusions and recommended
disposition. As soon as practicable after giving due consideration to the complaint, the
Board shall take any action or combination of actions that it deems appropriate and for
which it is lawfully empowered to take including, but not limited to, the following:
1. Determine that no violation of the Code of Ethics has occurred.
2. Determine that a violation of the Code of Ethics has occurred.
3. If the Board determines that it needs more information to make a
determination as to whether the Code of Ethics has been violated, it may convene a
hearing to take such additional evidence as required by the Board. The scope of evidence
requested by the Board should be strictly construed. At such hearing, the Board may call
additional witnesses or consider additional documentary evidence. After final deliberations
on the investigator's findings, as well as any additional testimony, statements, or
documents presented at the hearing, the Board shall determine whether or not a violation
of the Code of Ethics has occurred. Throughout the process, the Board may seek legal
advice from the City Attorney or independent legal counsel as assigned by the City
Attorney. Assigned independent legal counsel shall have a minimum of five years
municipal law experience.
4. After the Board has made its final determination under TMC Section
2.97.050, subsection-I4 I, (1), (2) or (3), the Board shall issue its written findings of fact and
conclusions of law, along with its recommended disposition, if applicable. The Board's
conclusions shall be based on the preponderance of evidence standard. The Board may
recommend and the City Council may impose upon any Elected Official the penalties set
forth in TMC Section 2.97.060.
5. Copies of the written findings of fact, conclusions and recommended
disposition of the Board shall be forwarded by certified mail to the complaining party and
the party complained against at their last known addresses. Additional copies shall be
forwarded to the investigator, the City Attorney (or independent legal counsel), and the
City Council.
J. The written findings of fact, conclusions and recommended disposition shall be
placed on the next regularly scheduled Council meeting agenda for discussion and
disposition pursuant to TMC Section 2.97.060, by majority vote of the Council.
KJ. Ex Parte Communications. After a complaint has been filed and during the
pendency of a complaint before the Board, no member of the Board may communicate
directly or indirectly with any party or other person about any issue or fact or law regarding
the complaint, except that members of the Board may obtain legal advice with the City
Attorney or assigned independent legal counsel.
L. The party complained against may, within 10 business days following the date
of a recommended disposition that finds a violation of this Code of Ethics, request a
formal hearing before the Hearing Examiner. A request for a formal hearing shall be in
writing. Except for good cause shown, the hearing shall be scheduled to take place not
sooner than 20 days nor later than 60 days from the date the appeal is filed.
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L.M. Within 30 days after the conclusion of a formal hearing, the Hearing Examiner
shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions
of law, and his/her order. Copies of the Hearing Examiner's findings, conclusions and
order shall be forwarded by certified mail to the complaining party and the party
complained against at their last known addresses. A copy of the Hearing Examiner's
findings, conclusions and order shall also be provided to the City Council and placed on
the next regularly scheduled Council meeting agenda, for informational purposes only.
Additional copies of the findings, conclusions and order shall be forwarded to the
investigator, the City Attorney or the City Attorney's designee, and the person(s)
responsible for acting on the Hearing Examiner's order.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2018.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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