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Title 01
Chapter 01.04B
Section 01.04B.200
 

Title 01 General Provisions

Chapter 01.04B Code of Ethics

Part 4 – Hearing and Adjudication

Section 01.04B.200 Dismissal of a Complaint
  1. Summary dismissal of a complaint by the Chair of the Ethics Commission after review by the City Attorney, pursuant to SMC 01.04B.150, shall occur in the following circumstances:
    1. The respondent is not subject to the Code of Ethics
  1. Summary dismissal of a complaint by the full Ethics Commission may be based upon the following grounds:
  1. The allegations, even if true, would not constitute prohibited conduct in violation of the Code of Ethics.
  1. Dismissal of a complaint by the full Ethics Commission after hearing may be based upon any of the following grounds:
  1. The Ethics Commission does not find that the facts establish an ethics violation.
  1. The alleged violation is a minor or de minimis violation;
  1. The complaint or inquiry is, on its face, frivolous, groundless or brought for purposes of harassment;
  1. The matter has become moot because the person who is the subject of the complaint is no longer a City officer or employee;
  1. The appointing authority has already taken action as a result of finding a violation and the Commission finds that the action has sufficiently addressed the matter;
  1. The respondent previously requested and followed the documented advice regarding compliance with the Ethics Code provided by the legal counsel for the Ethics Commission; or
  1. The respondent was previously 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. The Ethics Commission 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 subject of the complaint. The complainant may appeal the Commission’s decision to dismiss a complaint to the City’s Hearing Examiner within ten days of the date of the Commission’s decision. 

 

Date Passed: Monday, July 8, 2024

Effective Date: Friday, August 16, 2024

ORD C36532 Section 1

September 26, 2024