HomeMy WebLinkAboutOrd 2601 - TMC Chapter 2.97 "Code of Ethics for Elected Officials" - Creation of Ethics Officer Positionty0
f Tukwiol
Washington
Ordinance No.I-
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.
B. There is created a Board of Ethics for the City of Tukwila. The purpose of this
Board of Ethics is to adjudicate ethics complaints against elected officials, once an initial
determination of sufficiency has been made by the Ethics Officer.
C. 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: Planning Commission,
Arts Commission, Park Commission, Equity and Social Justice Commission and 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.
D. 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.
E. 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. TIVIC Section 2.97.050 Amended. Ordinance No. 2447 §5, as codified at
TIVIC 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-,
2. City Attorney
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.
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.
D. 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 Ethics Officer for a
sufficiency determination. After reviewing the complaint, the Ethics Officer may take any
of the following actions:
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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.
E. The Ethics Officer shall submit a written report of its determination of sufficiency
to the complainant, the respondent, and the City Attorney within 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 Ethics Officer determines
the complaint sufficient, then the complaint shall be investigated as set forth in this section.
The Ethics Officer's determination of sufficiency is final and binding and no appeal is
available.
F. For all 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.
H. 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.
I. 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
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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 TIVIC Section
2.97.050, subsection 1, (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 TIVIC 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 TIVIC Section 2.97.060, by majority vote of the Council.
K. 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.
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.
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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 CJTY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this 0144 day of 2018.
ATTEST/AUTHENTICATED:
Christy ahehy_, MMC, City Uerk
FAI %I W : J*JTJ: $ 9]FAV a C
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Rachel B. Turpin, City Attorney
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Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2598-2601.
On December 10, 2018 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2598: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 TO UPDATE THE
FIRE IMPACT FEE SCHEDULE, AS CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTER 16.26 AS FIGURE 16-1, "FEE SCHEDULE;" PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2599: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 TO UPDATE THE
PARKS IMPACT FEE SCHEDULE, AS CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTER 16.28 AS FIGURE 16-1, "FEE SCHEDULE;" PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2600: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, MODIFYING THE STANDARDS FOR PRIVATE
RESIDENTIAL RENTAL PROGRAM INSPECTORS; AMENDING ORDINANCE NOS.
2519 §3, 2459 §2, AND 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL
CODE SECTION 5.06.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
Ordinance 2601: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: December 13, 2018