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
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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
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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.
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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
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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
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