Title 01 General Provisions
Chapter 01.04B Code of Ethics
Part 3 – Ethics Complaints
Section 01.04B.150 Preliminary Review of Ethics Complaint
- Preliminary Review of Complaint
Upon receipt of a complaint, the City Attorney’s Office shall conduct a preliminary review to determine whether the allegations, if proven, establish a violation of the City’s Code of Ethics.
- If, upon preliminary review of the complaint, the City Attorney finds that the respondent is not subject to the Code of Ethics, the City Attorney shall within five business days provide the Ethics Commission with written notification of this finding along with a recommendation that the Commission Chair summarily dismiss the complaint pursuant to SMC 01.04B.200 (A). The complainant shall also be provided notification of this finding and recommendation. The complainant may appeal the summary dismissal of the complaint by filing an appeal with the City Clerk’s Office within ten days of the date of the Chair’s decision. In the event of an appeal, the Chair shall not participate in the Commission’s deliberation or decision. The appeal will be determined by the remaining members of the Commission. A determination by the Commission to affirm the decision of the Chair shall be final with no further appeal rights.
- If, upon preliminary review of the complaint, the City Attorney finds that the complaint contains an allegation which, even if true, would not constitute prohibited conduct in violation of the Code of Ethics, the City Attorney shall within five business days provide written notification to Ethics Commission of his or her opinion and recommendation that complaint be dismissed pursuant to SMC 01.04B.200 (B), and shall provide the Commission with a proposed order of dismissal. The complainant shall also be provided notification of this opinion. A decision of the Ethics Commission to dismiss a complaint based upon the recommendation of the City Attorney pursuant to this subsection may be appealed by the complainant to the Hearing Examiner by filing an appeal with the Hearing Examiner’s Office within ten days of the date of the Ethics Commission’s decision. The only matter before the Hearing Examiner on appeal is whether the complainant has set forth allegations, that if true, would constitute prohibited conduct in violation of the Code of Ethics.
- If, upon preliminary review of the complaint, the City Attorney determines that the complaint alleges facts that, if proven, establish an ethics violation, the complaint shall be referred to an independent investigator to commence an investigation for purposes of determining whether there is reasonable cause to believe that a violation of the Code of Ethics has occurred.
Date Passed: Monday, July 8, 2024
Effective Date: Friday, August 16, 2024
ORD C36532 Section 1
