Spokane Municipal Code

Title 01 General Provisions

Chapter 01.04B Code of Ethics

Part 4 – Hearing and Adjudication

Section 01.04B.190 Hearing Procedures

1. Proceedings Recorded and Open to the Public

1. 1. All hearings of the Ethics Commission shall be conducted as contested hearings under rules adopted by the Ethics Commission. All hearings shall be open to the public.

1. 2. All hearings before the Ethics Commission shall be recorded.

1. 3. The record of the hearings, as well as all documents submitted in regards to the complaint and the Ethics Commission’s investigation, shall be subject to public disclosure under chapter 42.56 RCW.

2. Preliminary Matters

1. The subject of a complaint may elect to be represented by legal counsel or to have a union representative represent them at the hearing.  

2. Prior to the commencement of the hearing, the Commission may consider preliminary matters raised by the parties, including motions brought by either party, such as a motion to dismiss.

3. The Ethics Commission is not bound by the rules of evidence for Washington courts but may use these rules when determining the relevance of, and weight to be given to, any evidence presented. The final decision of the Ethics Commission shall rely upon evidence they deem to be reliable and trustworthy and which establishes a violation by a preponderance of the evidence.

4. Upon the agreement of the parties, the Commission may consolidate for hearing multiple complaints when the facts underlying the complaints arise out of the same transactions or occurrences.

3. Presentation of Evidence

1. At the commencement of the hearing, the Ethics Commission shall introduce the case and take judicial notice of the investigative report and any related documents or exhibits that are referenced in the investigator’s report. This report and all related documents shall become part of the record and shall be considered in the Commission’s final decision.

2. The Commission shall allow the complainant and the subject of the complaint to present witnesses at the hearing to supplement the evidence detailed within, and documents attached to, the investigative report submitted by the independent investigator. 

3. The Commission shall allow each party to submit additional evidence, such as affidavits and documentary evidence.  The Commission shall consider issues of authenticity and reliability in deciding whether to consider, and what weight to assign to, such evidence.   

4. At the conclusion of all testimony and the presentation of documentary evidence, the Commission shall give each party the opportunity to summarize the evidence in a brief closing statement.  

4. Deliberation and Decision

1. 1. At the conclusion of closing statements, the Commission shall adjourn the proceedings and  begin deliberations to determine whether or not a violation of the Code of Ethics has occurred.

1. 2. The Commission shall issue its decision, including written findings of fact and conclusions of law, within ten business days. All such findings and conclusions and the disposition 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.

 

Date Passed: Monday, July 8, 2024

Effective Date: Friday, August 16, 2024

ORD C36532 Section 1