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Res 94-179 RESOLUTION NO. 94-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CODE OF ETHICS FOR CITY COUNCIL, CITY MANAGER AND CITY EMPLOYEES TO PROVIDE FOR THE APPOINTMENT OF ALTERNATE BOARD OF ETHICS MEMBERS AND TO PROVIDE SANCTIONS FOR VIOLATIONS OF THE CODE OF ETHICS (AMENDS RESOLUTION NO. 91-54). WHEREAS, the City of Federal Way previously adopted the Code of Ethics in order to insure that the city operate and conduct itself in an open and impartial manner, and to a standard that insures an efficient, fair and accountable system; and WHEREAS, the Code of Ethics does not include a method to appoint an alternate Board of Ethics member in cases of recusement or other unavailability; and WHEREAS, the Code of Ethics does not include sanctions for violations of the Code of Ethics; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: section 1. Amendment. is hereby amended as follows: section 7 of Resolution No. 91-54 section 7. Complaint Aqainst a Councilmember and Advisory Opinions Reqardinq Councilmembers - Board of Ethics. A. There is created a Board of Ethics for the City of Federal Way. The purpose of this Board of Ethics is to issue advisory opinions on the provisions of this. Code of Ethics and to investigate and report to the City Council on any alleged violations of this Code of Ethics, all as set forth below. B. The Board of Ethics shall be composed of three (3) members, none of which shall be a City Councilmember or city employee. The board members shall be appointed by the City Council. The term of each board member shall be three (3) years. The first three members shall be appointed for one, two or three year terms respectively. The first chair of the Board shall be determined by the Council and the Chair shall be appointed to the three year term. The other terms are to be determined by lot. After the first year of the Chair's term, the Board shall RES # 94-179 , Page 1 COpy determine and elect its Chair thereafter. The Chair shall serve for a period of one year, unless reelected. In the event a Board member must recuse himself or herself or otherwise be unavailable to conduct Board business. an alternate member shall be selected from a pool consistina of prior Board members who have served durina the three (3) prior terms. The method for detèrminina which of the prior Board members to select shall be determined bv the Board. In the event no former Board members are available, the citv Council shall appoint an alternate Board member. In filling any vacancy or making an appointment to the Board of Ethics, the city Council shall strive to select members with diverse perspectives and areas of expertise appropriate to the review of ethical matters, and who are of good general reputation and character. C. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Code. The Board shall adopt procedures consistent with the provisions of this Code governing the conduct of its meetings, investigations, hearings and the issuance of opinions. D. Specific Complaint Against a Councilmember. 1. Any person may submit a written complaint to the City Clerk alleging one or more violations of this Ethics Code by a Councilmember. The allegation must set forth specific facts with precision and detail, sufficient for a Determination of Sufficiency by the Board. In addition, the complaint must set forth the specific sections and subsections of this Code that the facts violate, and the reasons why. Each complaint must be signed by the person or persons submitting it, must state - the submitter's correct name, address at which mail may be personally delivered to the submitter, and telephone number at which the submitter may be contacted. 2. The City Clerk shall submit that complaint to the Board for Determination of Sufficiency of the complaint. A complaint cannot be sufficient unless it precisely alleges and describes unjustified acts which constitute a prima facie showing of a violation of a specified provision or provisions of this Code. The purpose of requiring that the complaint be sufficient is to ensure that the RES # 94-179 , Page 2 L.. RES # 94-179 complaint is supported by identifiable facts, and to ensure that the complaint is not based on frivolous charges. 3. The Board shall submit a written report with a finding of sufficiency or insufficiency within ten (10) days of its receipt of the written complaint. The Determination of Sufficiency by the Board is final and binding, and no administrative or other legal appeal is available. If the finding is one of suff iciency of the complaint, then the complaint shall be investigated and reported as set forth below. 4. The Board shall conduct an investigation of the written complaint before it. The Board shall begin the investigation no later than ten (10) calendar days after the Determination of Sufficiency of the complaint and shall conclude the investigation no later than fourteen (14) calendar days after it commences the investigation. The Board shall render a written opinion, setting forth its findings of fact and conclusions and opinion as to whether or not the individual against whom the complaint was filed has violated the Code of Ethics. 5. No opinion may be issued by the Board unless a person or entity complained against has had an opportunity to present information on his, her or its behalf at a hearing before the Committee. 6. A copy of the written opinion shall be delivered to the City Council and the complaining party within seven (7) calendar days of conclusion of the investigation. In the event the advisorv written opinion provides that the individual aaainst whom the complaint has been filed has violated the Code of Ethics and the citv Councilmembers adopt this opinion bv a maiority vote. then the city Council may take any of the followina actions bv a maiority vote of the Council: 1& Admonition. An admonition shall be a verbal non-public statement made by the Mavor to the individual. , Page 3 RES # 94-179 1.Ql 1.tl .ú!l. , Page 4 ReDrimand. A reDrimand shall be administered to the individual bv letter. The letter shall be prepared by the City Council and shall be siqned by the Mavor. If the individual obiects to the content of such letter. he or she mav file a request for review of the content of the letter of reDrimand with the City Council. The Citv Council shall review the letter of reprimand in liqht of the advisorv oDinion and the request for review. and mav take whatever action appears appropriate under the circumstances. The action of the citv Council shall be final and not subiect to further review. Censure, A censure shall be a written statement administered personal Iv to the individual. The individual shall appear at a time and Dlace directed bv the city Council to receive the censure. Notice shall be qiven at least 20 davs before the scheduled aPDearance at which time a copv of the proposed censure shall be provided to the individual. within 5 days of receiDt of the notice. the individual mav file a request for review of the content of the DroDosed censure with the citv Council. Such a request will stav the administration of the censure. The citv Council shall review the proposed censure in liqht of the advisorv opinion and the request for review. and mav take whatever action appears appropriate under the circumstances. The action of the city Council shall be final and not subiect to further review. If no such reaues~t is received. the censure shall be administered at the time and Dlace set. It shall be qiven publiclv. and the individual shall not make anv statement in support of or in opposition thereto or in mitiqation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required. Removal. In the event the individual aqainst whom the complaint has been filed is a member of a city Board. Commission. Committee. or other multi-member bodies appointed bv the citv Council. the Citv Council mav. bv a maioritv vote. remove the individual from such Board. Commission or Committee: provided. however. that nothinq in this section authorizes the Citv Council to remove a Councilmember from his or her office. In the event the individual aqainst whom the complaint has been filed is a Councilmember. the ci tv Council. bv a maioritv vote. mav remove the individual from the position of Mavor or Deputv Mavor and the Mavor mav remove such individual from the position of Chairperson of anv Council Committees. E. The Board of Ethics may also render written opinions concerning the applicability of the Code of Ethics to hypothetical circumstances or situations upon the request of any person. F. The City shall release copies of any written advisory opinions or opinions resulting from an investigation of a complaint and anv written censures or reprimands issued bv the citv council in response to public records requests as consistent with chapter 42.17 RCW and any other applicable public disclosure laws. G. The City Manager shall provide staff, as he or she deems appropriate, to assist the Board of Ethics. H. Board members shall be reimbursed by the City for reasonable expenses incurred in its exercise of the official business of the Board, consistent with the expense reimbursement policies of the City. section 2. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of August , 1994. CITY OF FEDERAL WAY MA~ ~Y ;: ¿~ RES # 94-179 , Page 5 ATTEST: APPROVED AS TO FORM: ~;;;:EY" LON;-'K. LINDELL FILED WITH THE CITY CLERK: July 26, 1994 PASSED BY THE CITY COUNCIL: August 2, 1994 RESOLUTION NO. 94-179 RES\ETHICS.RES RES # 94-179 , Page 6