Title 01 General Provisions
Chapter 01.04A Code of Ethics
Section 01.04A.060 Where to Seek Initial Review
- Any person who has been assessed a monetary fine and/or cost bill, or has been disciplined or removed from office, for a violation of this chapter may seek initial review at the Spokane city council by delivering a written notice of appeal to the office of the city council within twenty days of receiving a decision of the Ethics Commission regarding a written notice of the assessed fine and/or cost bill.
- The notice of appeal shall be in writing and shall include the mailing address and, if different, the street address where papers may be served on the appellant. The notice of appeal shall contain, in separate numbered paragraphs, statements of the specific findings of fact, conclusions of law, or aspects of the fine and/or cost bill on which the appellant seeks review, the basis for the appeal, and a brief statement of the relief requested. The appellant shall attach a copy of the committee’s written decision being appealed.
- The city council will forward a copy of the written notice of appeal to the Ethics Commission and the person making the original complaint within ten days of receiving the notice of appeal from the appellant.
- The Ethics Commission shall provide the city council with a copy of the recorded proceedings and all documents offered into evidence at the Ethics Commission hearing within twenty days of receiving a copy of the written notice of appeal from the council.
- The city council may determine its own procedures for hearing each appeal by majority vote, as long as it does not conflict with the procedures in this chapter.
- In considering the amount of any monetary penalty and/or cost bill, the city council may allow additional testimony. The council may also modify the amount of any monetary penalty and or cost bill.
- Any decision to reverse the Ethics Commission’s decision finding a violation must be based solely on the administrative record below and after determining that the Commission’s decision was arbitrary, capricious or not supported by substantial evidence in the Commission’s record.
- The city council may not modify any part of the Commission’s decision under an appeal filed to the city council under this section unless there is a majority plus one vote.
- The Commission’s decision shall be deemed to have been upheld unless the city council reverses or modifies the Commission’s decision within seventy-five days after the notice of appeal is filed.
Date Passed: Monday, January 12, 2015 Effective Date: Wednesday, February 25, 2015 ORD C35148 Section 1 |
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