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 01.04A
Section 01.04A.050
 

Title 01 General Provisions

Chapter 01.04A Code of Ethics

Section 01.04A.050 Recall of Elected Official for Violation of Code of Ethics

  1. Pursuant to City Charter Section 8.5, the City Council may consider a resolution to place an elected official’s name on a recall ballot based upon the Ethics Commission’s recommendation to the City Council that the elected official be subject to a recall election. The Ethics Commission must determine that:

    1. an elected official of the City has knowingly committed a violation of the Code of Ethics,

    2. the violation constitutes moral turpitude rendering the elected official unfit to remain in office, and

    3. there are no mitigating circumstances.

  2. In considering whether to place an elected official’s name on a recall ballot, the City Council shall have a resolution submitted to the City Clerk’s office setting forth the Ethics Commission’s determination and recommendation regarding the violation of the Code of Ethics and calling for a public hearing on the matter. The City Council shall schedule a hearing at least thirty days from the date the resolution is submitted to the City Clerk’s office. A copy of the resolution and hearing date shall be personally served upon the elected official. At the time the City Council is scheduled to consider the resolution, the chairperson of the Ethics Commission or the Ethics Commission’s designee shall appear before the city council to present the Ethics Commission’s determination and recommendation. The Ethics Commission shall deliver to the City Council all records maintained by the Commission created pursuant to its review and determination of the matter. The elected official who is the subject of the Ethics Commission’s shall be given an opportunity to respond to the Ethics Commission’s determination and recommendation and to present argument against passage of the resolution by the City Council to place the elected officials name on a recall ballot. Both the Ethics Commission’s representative and the elected official shall be permitted to respond to questions from the City Council.

  3. The City Council, by a majority plus one vote of the City Council, may pass the resolution to place the elected official’s name on a recall election ballot for action by the voters of the City on the next available general or special election established by state law. The City Clerk’s office shall forward the required resolution to the Spokane County auditor’s office pursuant to state law requesting the ballot proposition be placed on the next available general or special election. The City Attorney’s office shall be responsible for preparing a ballot synopsis for the recall election and any necessary resolutions or other legal documents.

  4. If approved by a majority of the electors voting in the election, the elected official shall be removed from office effective the date the recall election results are certified by the Spokane County auditor.

Date Passed: Monday, January 12, 2015

Effective Date: Wednesday, February 25, 2015

ORD C35148 Section 1