City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 01
Chapter 01.04B
Section 01.04B.200
 

Title 01 General Provisions

Chapter 01.04B Code of Ethics

Part 4 – Hearing and Adjudication

Section 01.04B.200 Dismissal of a Complaint
  1. Summary dismissal of a complaint by the Chair of the Ethics Commission after review by the City Attorney, pursuant to SMC 01.04B.150, shall occur in the following circumstances:
    1. The respondent is not subject to the Code of Ethics
  1. Summary dismissal of a complaint by the full Ethics Commission may be based upon the following grounds:
  1. The allegations, even if true, would not constitute prohibited conduct in violation of the Code of Ethics.
  1. Dismissal of a complaint by the full Ethics Commission after hearing may be based upon any of the following grounds:
  1. The Ethics Commission does not find that the facts establish an ethics violation.
  1. The alleged violation is a minor or de minimis violation;
  1. The complaint or inquiry is, on its face, frivolous, groundless or brought for purposes of harassment;
  1. The matter has become moot because the person who is the subject of the complaint is no longer a City officer or employee;
  1. The appointing authority has already taken action as a result of finding a violation and the Commission finds that the action has sufficiently addressed the matter;
  1. The respondent previously requested and followed the documented advice regarding compliance with the Ethics Code provided by the legal counsel for the Ethics Commission; or
  1. The respondent was previously the subject of a prior ethics complaint based upon the same set of facts and alleging the same violation(s) of the Code of Ethics and regarding which the Ethics Commission issued a decision.
  1. The Ethics Commission shall issue a written decision setting forth the legal and/or factual basis for the dismissal, which shall be provided to the complainant and the subject of the complaint. The complainant may appeal the Commission’s decision to dismiss a complaint to the City’s Hearing Examiner within ten days of the date of the Commission’s decision. 

 

Date Passed: Monday, July 8, 2024

Effective Date: Friday, August 16, 2024

ORD C36532 Section 1