HomeMy WebLinkAboutReg 2012-08-06 Item 5B - Ethics - Receipt Acknowledgement of Investigative Findings and DispositionCOUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mayor's review Council review
07/16/12 Co
08/06/12 Co 5 B
ITEM INFORMATION
CAS NUMBER: STAFF SPONSOR: MAYOR HAGGERTON ORIGINAL AGENDA DATE: 07/16/12
AGENDA ITEM TITLE Ethics investigative findings and disposition.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mt g Date Mtg Date Mtg Date Mtg Date Mtg Date Mt
g Date 8106112
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police Piv
SPONSOR'S pursuant to Tukwila Municipal Code 2.95.040, the Mayor is required to place the
SUMMARY investigative findings and disposition of ethics complaints against elelcted officials on the
agenda of a regularly scheduled meeting. This is for the Council's information only and
requires no council action other than acknowledgement of receipt.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE N/A
COST IMPACT /FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE.I RECORD OF COUNCIL ACTION
07/16/12 Forward to Regular Meeting of August 6, 2012
MTG. DATE ATTACHMENTS
07/16/12 Investigative findings and disposition
08/06/12 Investigative findings and disposition
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x
July 2, 2012
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor
Kate Kruller, Councilmember
P.O. Box 69534
Tukwila, WA 98168
Dear Ms. Kruller:
On May 15, 2012 an ethics complaint was filed against you. Pursuant to TMC 2.95, 1 retained the
services of an outside investigator to investigate the compliant and issue findings and conclusions about
whether a violation of the City's Code of Ethics had occurred. I received the investigator's report on
Thursday June 28, 2012. TMC 2.95.040 requires that I issue a written disposition to the complaint.
Based on the investigative findings, 1 determine the complaint to be sustained. The penalty for such
violation is as follows:
(1) Be aware of how your position as a City Councilmember can be perceived when interacting with
City staff for private matters. Refrain from using your position as a councilmember to secure
special privileges or creating the perception of engaging in such activity.
(2) Pay restitution to the City in the amount of $1000.00. This sum represents the difference
between the full amount of the rental fee that should have been charged for the event that you
booked at the Community Center and the amount that you paid. This amount includes a
forfeiture of the $500.00 deposit that you should have been charged, due to the violation of the
alcohol policies and procedures. A detailed breakdown of this rental fee analysis is attached.
(3) This determination does not prevent the Council from taking any action it may deem necessary
as a result of these findings.
TMC 2.95.040 obligates the City to place the investigator's findings and conclusions, as well as a copy of
this letter on the agenda for the next regularly scheduled meeting of the City Council. Thus, this matter
will appear on the consent agenda on July 16, 2012.
If you have any questions about this process, do not hesitate to contact me.
Sincerely,
Jim Hagge
Mayor
Enc.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Phone. 206- 433 -1800 CW Hall Fay 206- 433.1833 wtinv.c1.tukwl1a.wa.us
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Tukwila Community Center Weekend Resident Rental Fees and Deposits
Rental Fees'
Full Banquet Room (5 hour)
Kitchen (5 hour)
Full Banquet Room (10 hour minimum on Weekends)
Kitchen (10hour minimum on Weekends)
Subtotal Rental Fees
Other Fees /Deposits
Alcohol Fee with City Alcohol Beverage Request Form
Damage Deposit (refundable only if all rules are met)
Subtotal Other Fees /Deposits
Total Fees and Deposits
Fee /Deposit Fee /Deposit
Fee /Deposit
Paid to be paid Difference
450
450
150
150
825
825
275
its
600 1
l,loo l 500
200
500
500
Soo 500
600
1,600 IS 1,000
I. PerTukwila Community Center Rental Fees
"Weekend Rates apply... all day on Saturday and Sunday. A 10 -hour minimum rental is required."
2. PerTukwila Community Center Rental Information Packet:
page 3: "Damage deposits are 100% refundable as long as the following conditions are met:
6. All rules /guidelines governing alcohol consumption as stated on the Alcohol Beverage Request Form are met.
If these conditions are not met to the sotlsfaction of staff per these guideline and others listed within this
packet and accompanying documents, an appropriate fee will be deducted from the damage deposit. if
necessary, the ren tol applican twill be charged to cover any additional costs."
Page 8: Alcohol Information
All applicants that wish to distribute, serve, orconsume alcoholic beverages during any use of the Tukwila Community Center MUST
complete and submit an Alcohol Beverage Request Form (ABRF) for approval. The applicant understands that completing the ABRF
does not guarantee that you will be able to have alcohol during your event. It is simply a request and must be approved by the City
prior to your event. Your request maybe approved with additional conditions or even denied. The applicant must meet all obligations,
rules and regulations set forth below and on the ABRF,
...10. Serving /consuming alcohol without proper approval, outside the approved conditions, and /or in violation of any of the
above rules and regulations may result in a citation by Police, immediate cancellation /shut down of event, forfeiture of
Damage Deposit, and /or additional fees /penalties.
10
KUSSMANN LINDSTROM, -':S.
ATTO1t MIS AT U'W
7350 CIRQUE DRIVE WEST, SUITF 102 UNIVERSITI PLACE WA 98467
PHONE (253) 2843250 FAM (253) 284-9251
June 26, 2012
PERSONAL AND CONFIDENTIAL
James Haggerton, Mayor
City of Tukwila
P.O. Box 69534
Tukwila, WA 98168
Re: Complaint Potential Violations of City of Tukwila Code of Ethics
Dear Mayor Haggerton:
This is a report on the investigation of a Complaint of potential violations of the
City of Tukwila Code. of Ethics by Councilmember Kate Krulier. The investigation was
commenced as a result of a complaint from Tukwila Community Center staff. The
Complaint implicated prohibited conduct under the Tukwila Municipal Code, Chapter
2.95 Code of Ethics.
The Code of Ethics provides for a specific Complaint Process (TMC 2.95.040).
As required by the Tukwila Municipal Code, any complaint the Code of Ethics may
have been violated must be submitted to the Mayor, and the Mayor shall designate an
individual to conduct an investigation in this case, the undersigned. As required by
the aforementioned Complaint Process, the undersigned advised the Subject that the
Complaint had been made and that an investigation would be conducted.
The investigation was commenced on June 1, 2012. Six Individuals were
interviewed, including John Dunn, Daniel Blanchette, Rick Still, Stacey Agmata,
Kimberly Matej, and Kate Kruller. The Investigator reviewed the May 8, 2012,
summary of issues prepared by the Facilities Coordinator and the May 15,.2012
Memorandum submitted to the Mayor by the City Attorney.
The Investigator also reviewed the implicated Code of Ethics, and the Statement
of Purpose, as set forth in TMC 2.95.010 as follows:
A. It is.the policy of the City of Tukwila to uphold, promote and
demand the highest standard of ethics from all of Its employees and officials,
I also attempted to contact Kathy Kupslk, without success, though we did unsuccessfully return each
other's phone messages. Ms. Kupsiles Involvement, while not clear, appears to be limited to having also
observed the events of February 18, 2012.
11
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 2
whether elected, appointed or hired. City officers and employees shall maintain
the utmost standards of personal Integrity, truthfulness, honesty and fairness in
carrying out their public duties; they shall avoid any improprieties in their roles as
public servants, including the appearance of impropriety; and they shall never
use their City position or powers for improper personal gain.
B. It is the intention of the City Council that TMC Chapter 2.95 be
liberally interpreted to accomplish Its purpose of protecting the public against
decisions that are affected by undue influence, conflicts of interest, or any other
violation of this Code of Ethics. In Interpreting TMC Chapter 2.95, City officers
and employees should be guided by common sense and practicality. This Code
of Ethics is supplemental to Washington State law, RCW 42.23.
The Investigator also noted the following provisions with regard to prohibited
conduct under TMC 2.95.030 as follows:
1. General Prohibition Against Conflicts of interest. In order to avoid
becoming involved or implicated in a conflict of interest or Impropriety, or an
'appearance of a conflict of interest or impropriety, no current City officer or
employee should be involved in any activity that might be seen as conflicting with
the conduct of official City business or as adverse to the interests of the City.
Even the appearance of the conduct prohibited in TMC 2.95.030 alone may be
sufficient to constitute a violation of this Code of Ethics,
S. Improper Use of Position Prohibited. No city officer or employee
shall knowingly use his/hbr office or position to secure personal benefit, gain or
profit, or use his/her position to secure special privileges or exceptions for
him /herself, or for the benefit, gain or profit of any other persons. This provision
shall not preclude an employee from rights protected by the Public
Employees Collective Bargaining Act, including the right to negotiate agreements
that address the wages, hours, and working conditions of employees of the City.
Findinas
1. Ms. Knaller is a Member of the City Council of the City of Tukwila.
2. The Tukwila City Council positions are non- partisan.
3. Ms. Kruller Is active in partisan politics (Democratic party) outside and
unrelated to her City Council position.
12
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 3
4. Ms. Kruller is a resident of the City of Tukwila.
5. Prior to February 18, 2012, Ms. Kruller had a discussion with the City of
Tukwila staff, in which conversation she was cautioned about using her residency status
to arrange for a partisan campaign event for a nonresident of the City of Tukwila. Ms.
Kruller denies any such communication.
6. Ms. Kruller was advised that the "perception" of her involvement could be
that she was taking advantage of her Council position while making arrangements for
the partisan campaign event and it was suggested that she talk to "Legal."
7. Ms. Kruller rejected the expressed concerns and did not speak to the City
Attorney.
8. On February 18, 2012, Ms. Kruller, with a non resident, approached the
front desk at the Community Center and asked to rent a room for a campaign event in
April 2092. The candidate was not a resident of Tukwila, and Ms. Kruller wanted to use
her residency status to get a lower rental rate.
9. The Community Center has allowed, though discouraged, residents to
make rental arrangements for nonresidents in the past, but the resident is the
responsible person for meeting all rental requirements.
10. On February 18, 2012, Ms. Kruller was advised by the Community Center
staff person on duty that he could not book or reserve the space, and advised her that
she needed to contact the appropriate representatives during normal working hours,
Monday through Friday. Ms. Kruller would not take "no" far an answer. When the staff
person continued to advise that he could not do what she was asking, she insisted that
he call one of the staff persons (at home) who worked Monday through Friday,' but he
initially refused to do so.
11. Ms. Kruller persisted and asked how much she needed to pay for a
deposit, and the staff person again told her that he could not take the deposit, that he
did not deal with money, and that she needed to make arrangements with the identified
persons during normal business hours, Monday Friday. Ms. Kruller then
handed the staff person a check ($300.00) to which the staff person responded, "I can't
take this." At that point Ms. Kruller said, `There has got to be something we can do."
She also said, 'Rick Stills is here, do I need to go get Rick?" The staff person
responded and told her "No, you need to talk to Stacey or Lisa."
13
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 4
12, As Ms. Kruller continued to press him to take her check to "hold the room'
he was feeling very III at ease by the repeated demands being made by a
Councilperson. Thus, he- called one of the persons who does scheduling at home. She
told him that If the Councilperson continued to insist on_ giving him a check, that he take
the check and provide her with a handwritten receipt, and tell Ms. Kruller that she still
needed to follow -up during the next week to complete the process. Ms. Kruller
continued to demand that he take the check, and he accepted the check and placed it in
the staff offices.
13. The normal resident rate for the rental of the room requested by Ms.
Kruller, for the date and time requested, would have required a 10 hour minimum and a
$500.00 damage deposit.
14. The person responsible for scheduling the room followed up with Ms.
Kruller. Ms. Kruller advised, in-part, that she had had a conversation with someone at
City Hall regarding the room rental. The Community Center Representative, though she
cannot recall the specific comments, "felt" she was being told by Ms. Kruller that
someone at City Hall had approved not only her renting the room under the resident
status, but also had approved her renting the room for less than the required 10 hour
block, and approved the waiver of any damage deposit. She stated she did riot feel it
was appropriate to question or challenge a City Councilperson on these issues.
15. Ms. Kruller received all of the City of Tukwila information regarding the
rental, including the Rental Information Packet, and the Tukwila Community Center
Rental Clean -up Checklist. Ms, Kruller filled out (her handwriting) a Residential
Application to rent the room from noon to 5 :00 p.m., without a damage deposit and
indicating that no alcohol would be served.
16. Ms. Kruller's rental of the room for five hours and with the damage deposit
waived was approved by management because of her conversations with the staff
person (suggesting that she had approval to do so from somebody at City Hall) and
because she was a Councilperson.
17. Ms. Kruller stated that on April 22, 2012, upon arriving at the event at the
Community Center sometime between 12:30 p.m. and 12:45 p.m., she noticed that
there was a bar setup on ice chests In the comer, and inquired of the candi'date's
representatives whether they were serving alcohol. She was told "yes." She asked if
they had a permit, and was told that they did. Ms. Kruller said she saw the per taped
to the wall. She asked If they had told someone at the Community Center that they
were doing this, and while she does not recall the exact response, she "felt the
14
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 5
response was in the affirmative." She did not ask that the bar be discontinued, and she
did not talk to anyone at the Tukwila Community Center about the continued service of
alcohol.
18. Ms, Kruller felt that the serving of the alcohol was not "clandestine" and
was open to view at all times. She noted that the campaign event had a state liquor
license, and she fully expected that the "nonrefundable alcohol charge" would be billed
to her. It was not. She said that she did not understand why someone didn't just call
her and /or bill her, to take care of this matter, rather than filing an ethics complaint. She
expressed concern that the employee staff at the Community- Center was being
badgered and /or unduly influenced. and pressured by management to raise this issue.
z
19. Ms. Kruller acknowledged that she was responsible for the rental room,
but that she had never read any of the policies or procedures that were sent to her.
20. At the conclusion of the campaign event on April 22, 2012, the Tukwila
Community Center staff observed, for the first time, that there were beer and wine
bottles in the trash, and that signs had been taped to the walls. There had been no
damage to the walls as a result of the taping. Further, the event participants did not
check out until 5:40 p.m.
21. The Tukwila policies with regard to the room rental make it clear that the
use of alcohol in the facility must be authorized and required a $200.00 nonrefundable
alcohol fee. The policies further provide that the serving /consuming of alcohol without
proper approval may result in a citation by police, an immediate cancellation /shutdown
of the event, and /or forfeiture of the damage deposit. In addition, the policies provide
that upon the conclusion of the event, the damage deposit would be charged for
appropriate fees to cover expenses, including additional staff time (one hour minimum
$120.00) if the event exceeded the scheduled. time. Ms. Kruller has never been
charged any additional fees or costs.
22. Ms. Kruller asserts that she did not request any personal benefit or
waivers with regard to minimum hours or damage deposits. She said she simply signed
the Agreement which was presented to her by the staff, and that the waivers of the
damage deposit and the 10 hour minimum were not made at her request. She did not
feel that she exercised any influence, nor conducted herself In a way which would have
caused the staff to feel that they needed to give her any favors.
2 The Investigator did not develop any Information suggesting that the Involved employees felt compelled,
badgered or pressured In any way to bring their concerns forward.
15
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 6
Conclusions
1. Ms. Kruller knew, or should have known, that her insistence on February
18, 2012, to rent/reserve a room at the Community Center, contrary to procedure, could
be viewed as using her position to secure a benefit, special privileges or exceptions for
herself or for other persons.
2. Ms. Kruller knew, or should have known, that her conduct on February 18,
2012, including her comment to the staff person "Do I need to get Rick could be
viewed, when made by a City Councilperson, as a threat in furtherance of her efforts to
secure benefit, special privileges or exceptions for herself or for other persons.
3. Ms. Kruller knew, or should have known, that all of her communications,
and the nature of those communications, with Community Center Representatives
regarding the room rental, and specifically her communication that her requests had
been approved by "someone at City Hall," suggested to employees and management
that her requests (resident rate, reduced hours, and damage deposit waiver) had been
authorized by the City.
4. Ms. Kruller completed the application for the room, and specifically
advised the City that no alcohol would be served.
5. Ms. Kruller knew, or should have known, that the serving and consumption
of alcohol at the campaign event, without prior approval, could have resulted in the
immediate shutdown of the event, and the forfeiture of a damage deposit, yet she took
no steps, as the responsible person for the event, to either discontinue the serving -of
alcohol and /or to advise Community Center staff that alcohol was being served.
6. Ms. Kruller knew, or should have known, that a $200.00 nonrefundable
alcohol fee had not been paid, that because of the violation of the alcohol policy, a
$500.00 damage deposit could have been forfeited (if pald), and that an additional one
hour minimum $120.00, should have been charged for the event's late checkout.
7. Ms. Kruller knew, or should have known, that the failure of the City of
Tukwila Community Center staff to follow policies with regard to the renting of the room
in the Community Center, and with regard to violations of those policies, was because,
or could appear to be because, she was a City Councilpersbn.
16
James Haggerton, Mayor
City of Tukwila
June 26, 2012
Page 7
8. Ms. Kruiler was involved in a course of conduct and activity which, even if
not intended to be adverse to the interests of the City, has an appearance of conflict of
interest or impropriety.
If you have any questions, please contact me.
Yours very truly,
Edward R. Lindstrom
ERL:jav
1151545TAreport
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