Spokane Municipal Code

Title 01 General Provisions

Chapter 01.04A Code of Ethics

Section 01.04A.110 Complaint Process of the Ethics Commission

1. A complaint that this Code of Ethics has been violated by a City employee or a City officer shall be filed with the Ethics Commission.

2. Any person may file an official written complaint or inquiry with the Ethics Commission asking whether a current City officer or employee has failed to comply with this Code of Ethics.

3. Complaints and inquiries must be in writing on a form approved by the Ethics Commission. The form shall contain a statement that must be signed and which states that, to the best of the person’s knowledge, information, and belief formed after reasonable reflection, the information in the complaint or inquiry is true. The complaint must describe the facts that constitute the violation of this Code of Ethics in sufficient detail so that the Commission and the person who is the subject of the complaint or inquiry can reasonably be expected to understand the nature of any offense that is being alleged.

4. The Commission, upon receipt of the complaint, shall acknowledge receipt of the complaint, forward the complaint simultaneously to the person who is complained against, if known, and the City Attorney, and promptly meet and review the complaint. As soon as practicable after giving due consideration to a complaint the Commission shall either:

1. 1. Dismiss the complaint based on any of the following grounds:

1. 1. 1. It has no jurisdiction;

1. 1. 2. The alleged violation, if true, would not constitute a violation of this article;

1. 1. 3. The alleged violation is a minor or de minimis violation;

1. 1. 4. The complaint or inquiry is, on its face, frivolous, groundless or brought for purposes of harassment;

1. 1. 5. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer a City officer or employee;

1. 1. 6. The appointing authority has already taken action as a result of finding a violation and the Commission believes the action was appropriate;

1. 1. 7. The respondent had previously requested and followed the documented advice regarding compliance with the Ethics Code provided by the legal counsel for the Ethics Commission;

1. 1. 8. The respondent had previously been 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. 2. Determine that:

1. 1. 1. The complaint alleges facts which, if found to be true, would be sufficient to constitute a violation of the Code of Ethics;

1. 1. 2. Further information must be presented for the Commission to determine if a violation of the Code of Ethics has occurred.

1. 3. The Commission Chairperson may summarily dismiss a complaint if the respondent is not subject to the Code of Ethics. The Chairperson 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 Commission. The complainant may appeal the Chairperson’s decision to the Commission within ten days of the date of the Chairperson’s decision.  In the event of an appeal, the Chairperson shall not participate in the Commission’s deliberation or decision. The appeal will be determined by the remaining members of the Commission.

5. If the Commission determines the complaint alleges facts which, if found to be true by a preponderance of the evidence, would be sufficient to constitute a violation of the Code of Ethics, it may create a stipulation for the City officer or employee subject to the complaint resolving the complaint, the determination of compliance and the penalty, if any to be imposed.

6. If the complaint is not resolved by stipulation, or earlier in the adjudication process, or additional information is required to establish the factual record necessary for the Commission to determine whether a violation of the Code of Ethics has occurred, the Commission may convene a hearing at a future date certain.

1. As part of the hearing process, the Commission may consider preliminary motions, such as a motion to dismiss. At such a hearing, the Commission shall consider additional evidence submitted by the parties including the submission of affidavits and documentary evidence. The Commission may consider whether to subpoena and hear the testimony of witnesses, including cross examination, if, in the opinion of the Commission, such testimony would serve the Commission to establish the factual record. The Commission may issue a prehearing order, including for hearing matters involving the testimony of witnesses. The Commission shall adopt as part of its policies and procedures a standard pre-hearing order to be used by parties appearing before the Commission.

2. The Commission decides issues before it based upon the preponderance of the evidence standard. That is, a violation must be more likely than not to have occurred before the Commission will hold for the complainant. The Commission shall rely, for its ultimate decision, upon evidence, whether or not technically admissible into evidence in a court of law, on which a reasonably prudent person would base significant decisions affecting his or her person or business. The Commission may utilize the rules of evidence of judicial tribunals for purposes of admitting and evaluating evidence, however, such rules are not binding and the Commission may determine the relevancy and weight to be given to the submitted evidence.

3. After final deliberations on additional testimony, statements, or documents presented at the hearing, the Commission shall determine whether or not a violation of the Code of Ethics has occurred.

7. Any person who is the subject of a complaint may designate a representative if he or she wishes to be represented. The person who submitted the complaint and the subject of the complaint must be allowed sufficient time to examine and respond to any evidence not presented to them in advance of the hearing.

8. After the Commission has made its final determination, the Commission shall issue its written findings of fact and conclusions of law, along with its recommended disposition (if applicable). The Commission may, in addition, issue any additional reports, opinions, or recommendations as it deems advisable under the circumstances. All such reports shall be reviewed by the city attorney (or independent legal counsel in the event that a conflict of interest prevents the city attorney from conducting the review) prior to their issuance. The Commission’s conclusions shall be based on the preponderance of the evidence standard.

1. The investigation of complaints shall be completed by the Ethics Commission and written findings and conclusions prepared within sixty days of the date of the complaint. A copy of the written investigation findings and conclusions shall be served on any party against whom a complaint is filed within three days of the Ethics Commission’s final decision. It shall be posted on the City’s website for the Ethics Commission no more than twenty-four hours later. Posting on the website will clearly indicate the disposition of the issue in the text of the link and not in the text of the document only.

10. The City Attorney may require the investigation of complaints and written findings to be completed by the Ethics Commission, in a reasonable amount of time, less than that stated in (I) in circumstances where the matter should be resolved more quickly.

11. Any individual who is advised of another’s violation of this code is responsible to direct the advising party of this code and its procedure for filing complaints.

Date Passed: Monday, April 22, 2019

Effective Date: Monday, May 27, 2019

ORD C35756 Section 2