3.92.080 Complaint procedure.
A. Complaint Procedures.
1. Any natural person who believes an official has committed a violation of the code may file a complaint with the city clerk. Complaints shall be subject to the following requirements:
a. The complaint must be based upon facts within the personal knowledge of the complainant;
b. The complaint must be submitted in writing and signed under oath by the complainant;
c. The complaint must include a detailed factual description of the alleged violation including the date, time and place of each occurrence and the name of the person or persons who are alleged to have committed a violation. The complaint must also refer to the specific provisions of the code of ethics which are alleged to have been violated;
d. The complaint must be accompanied by all available documentation or other evidence known to the complainant to support the allegations of the complaint;
e. The complaint must be filed within two years of the date of the occurrence or occurrences alleged to constitute a violation of the code of ethics.
2. Complaints shall be filed with the city clerk who shall forward the complaint and any accompanying documentation and evidence to the ethics officer and the respondent official within two business days. The ethics officer shall review the complaint for compliance with the requirements of subsection (A)(1) of this section. Should the ethics officer find that:
a. The complaint is untimely; or
b. The complaint has not been signed under oath; or
c. The complaint does not, on its face, state facts which, if proven to be true, constitute a violation of the provision of this code of ethics referred to in the complaint; or
d. The complaint fails to refer to a specific provision of the code of ethics which is alleged to have been violated, the ethics officer shall, within 10 working days of the filing of the complaint, enter a written order stating the ethics officer’s findings and, except as hereinafter provided, dismissing the complaint. The written order shall be transmitted to the complainant, the official that is the subject of the complaint, and the city council. If the ethics officer finds that the complaint is deficient pursuant to the findings in subsection (A)(1)(b) or (A)(1)(d) of this section, the ethics officer shall issue an order notifying the complainant that unless a corrected complaint is filed within five days of the issuance of such order, the complaint shall be dismissed. The complainant may appeal the dismissal of a complaint under this subsection by filing an action in the King County superior court for a writ of certiorari pursuant to Chapter 7.16 RCW within 10 days of the date of issuance of the order dismissing the complaint.
3. The respondent official shall, within 20 days of the date of mailing or personal service of the complaint by the clerk, file with the clerk any response to the complaint the respondent official wishes to make. A response to a complaint shall be made in writing signed under oath by the respondent. A response may include a detailed statement of facts pertaining to the complaint made on personal knowledge of the respondent and may include any matter constituting a defense to the complaint. A response should be accompanied by all available documentation or other evidence known to the respondent official which the respondent wishes the ethics officer to consider. The respondent official may stipulate to some or all of the facts alleged in the complaint and shall either admit or deny the alleged violation. If the violation is admitted, the respondent may also submit an explanatory statement and may request a particular disposition.
4. Upon receipt of a response to a complaint, the ethics officer shall review the complaint and response, together with all supporting documentation and evidence submitted by the complainant and the respondent official. Within 10 days of receipt of the response (or, if no timely response is submitted, within 30 days of the date of mailing the complaint to the respondent official by the city clerk), the ethics officer shall issue a decision in writing, including findings of fact, conclusions of law and a determination of whether any violation of the code of ethics has been established. The final written decision shall be signed and dated by the ethics officer. The city clerk shall deliver a copy of the final written decision to the complainant, the respondent official, the city council and to any other person who has submitted a written request therefor.
5. A complaint for ethical violations filed under this chapter shall be considered a claim filed against an official pursuant to Chapter 3.81 BCC.
6. Either the complainant or respondent official may, within 30 days of the date of the written decision, appeal to the King County superior court by writ of certiorari pursuant to Chapter 7.16 RCW.
7. If the final decision of the ethics officer contains a determination that one or more violations of this code of ethics have occurred, the decision shall also contain any recommendations of the ethics officer to the city council for any remedial action or sanction that the council may find appropriate and lawful under the council’s rules. If no appeal is filed in superior court, the council in consultation with the city attorney shall, within 45 days of the date of the decision, determine what, if any, of the recommendations of the ethics officers to adopt. Such determination shall be adopted at an open public meeting by a majority vote of those officials who are not respondents to the complaint or complaints. (Ord. 6110 § 2, 2013.)