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A. Complaint Procedures.

1. Any 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 five business days. Prior to forwarding the complaint to the ethics officer, the city attorney shall review the complaint for compliance with the requirements of subsection (A)(1) of this section. Should the city attorney 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 city attorney shall, within 10 working days of the filing of the complaint, enter a written order stating the city attorney’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 city attorney finds that the complaint is deficient pursuant to the findings in subsection (A)(1)(b) or (d) of this section, the city attorney shall issue an order notifying the complainant that unless a corrected complaint is filed within five working 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 2.25 BMC.

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.

B. Enforcement Procedures.

1. Stipulations. At any time after a complaint has been filed with the ethics officer, the ethics officer may seek and make recommendations that the city council enter into a stipulation with the person complained against. The recommended stipulation will include the nature of the complaint, relevant facts, the reasons the ethics officer thinks a stipulation is appropriate, an admission of the violation by the person complained against, a promise by the person complained against not to repeat the violation, and if appropriate, a recommended remedy or penalty. The recommended stipulation shall be sent to the person who made the complaint and the person complained against and forwarded to the city council for action.

2. Ethics Officer Final Decision. 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.

3. City Council Action. Final city council action to decide upon stipulations and recommendations from the ethics officer shall be by majority vote in a public meeting. If the proceeding involves a member of the city council, deliberations by the council may be in executive session. The member of the council against whom the complaint was made will not participate in any executive session and shall not vote on any matter involving that council member. However, upon request of the member of the council against whom the complaint was made, a public hearing or public meeting before the council will be held on the issue of penalties.

4. Disposition. In the event the ethics officer finds that the person against whom the complaint was made has violated the code of ethics, then the city council may take any of the following actions by a majority vote of the council. The action of the city council shall be final and not subject to further review or appeal except as may be otherwise provided by law.

a. Dismissal. Dismissal of the complaint without penalties.

b. Referral. A complaint may be referred to another agency with jurisdiction over the violation, such as the public disclosure commission. Final action on the complaint may be stayed pending resolution of the matter by the agency to which it was referred.

c. Admonition. An admonition shall be an oral nonpublic statement made by the mayor, or designee, or if the complaint is against the mayor, the deputy mayor or designee, to the official.

d. Reprimand. A reprimand shall be administered to the official by a resolution of reprimand by the city council. The resolution shall be prepared by the city council and shall be signed by the mayor or, if the complaint is against the mayor, the deputy mayor.

e. Censure. A resolution of censure shall be a resolution read personally to the person in public. The resolution shall be prepared by the city council and shall be signed by the mayor, or if the complaint is against the mayor, the deputy mayor. The person shall appear at a city council meeting at a time and place directed by the city council to receive the resolution of censure. Notice shall be given at least 20 calendar days before the scheduled appearance at which time a copy of the proposed resolution of censure shall be provided to the person. The resolution of censure shall be read publicly, and the person shall not make any statement in support of, or in opposition thereto, or in mitigation thereof. The resolution of censure shall be read at the time it is scheduled whether or not the official appears as required.

f. Loss of Pay. Any official who the city council determines to have negligently committed a violation of this chapter may be subject to a civil penalty of loss of pay not to exceed three months’ salary.

g. Removal – Member of Board or Commission or Other Appointed Task Group or Committee. In the event the individual against whom the complaint was made is currently a member of a city board or commission or other task group or committee, appointed by the city council, the city council may, in addition to other possible penalties set forth in this section, and notwithstanding any other provision of the Bothell Municipal Code, by a majority vote remove the individual from such board or commission effective immediately.

h. Contract Void. As provided by RCW 42.23.050, any contract made in violation of Chapter 42.23 RCW, “Code of Ethics for Municipal Officers – Contract Interests,” is void.

i. Other Penalties. The city council may impose a restriction, loss of a committee assignment, or loss of appointment as a representative of the city for any regional or multijurisdictional body or membership on any board or commission which requires an appointment or confirmation of an appointment by the city council.

5. Protection against Retaliation. Neither the city nor any official may take or threaten to take, directly or indirectly, official or personal action, including but not limited to discharge, discipline, personal attack, harassment, intimidation, or change in job, salary, or responsibilities, against any person because that person files a complaint with the ethics officer.

6. Administrative Dismissal of Complaints. Pursuant to the provisions below the city attorney and/or ethics officer shall have the authority to administratively dismiss frivolous complaints.

a. The city attorney or ethics officer in consultation with the city manager may dismiss any complaint if after a preliminary review or investigation the city attorney or ethics officer determines that:

(1) The complaint is obviously unfounded or frivolous; or

(2) The complaint presents a violation of this chapter, but any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of this chapter.

b. If the complaint is dismissed under this subsection, a written notice of the decision shall be provided to the complainant, respondent, and the council. (Ord. 2182 § 1 (Exh. A), 2015).