2.35.040 Reporting ethics violations.
Board, committee and commission members have a duty to report violations of the code of ethics or any misconduct that raises a substantial question as to a member’s integrity or fitness as an appointed representative. Council shall serve as a committee of the whole for purposes of code of ethics enforcement, which includes a reasonable process for investigating complaints that affords the subject of a complaint a full and fair opportunity to be heard. The city benefits from formal and informal reporting procedures that encourage prompt resolution of grievances and concerns.
A. Informal Reporting Procedures. Before initiating the formal complaint process, a grievant should make every reasonable effort to resolve issues constructively in an informal manner, unless such efforts would be futile or inadequate to address the nature and severity of the alleged violation.
1. Whenever possible, a grievant should first discuss concerns with the alleged violator, staff liaison and nominating councilmember.
2. It is highly recommended that either party request the assistance of staff to facilitate discussions about the complaint. Both parties must agree to speak with staff.
B. Formal Reporting Procedures. A grievant may initiate the formal complaint process when informal efforts are futile, unsuccessful, or inadequate to address the nature and severity of the alleged violation. A person who knowingly makes a false, misleading, or unsubstantiated statement in a complaint may be subject to criminal prosecution for perjury and civil liability.
1. The grievant shall inform the alleged violator of the intent to initiate the formal complaint process.
2. The grievant shall submit a formal complaint to the city manager, city attorney, or designee within 60 days from the date the grievant first became aware of the alleged violation.
3. The complaint shall provide:
a. The name of the grievant;
b. The name of the alleged violator;
c. The nature of the alleged violation, including the specific provision of the code of ethics or law allegedly violated;
d. A statement of facts describing relevant conduct and dates;
e. Copies of relevant documents or materials and/or a list of unavailable, relevant documents or materials;
f. A list of relevant witnesses; and
g. An affidavit stating that the information contained in the complaint is true and correct, and stating the grievant has good reason to believe and does believe that the facts alleged constitute a violation of the code of ethics.
4. The city manager, city attorney or designee shall gather relevant facts, documents, witness statements, interview the alleged violator, and gather other information relevant to the complaint.
5. The city attorney or designee shall prepare a recommendation to council.
6. The complaint and recommendation shall be submitted to the entire council for review at a duly convened executive session. All laws pertaining to executive sessions shall apply, including the right of the alleged violator to an open hearing.
a. Council shall review the complaint and recommendation, and consult with the city attorney or designee to determine whether there is reasonable cause to believe a violation occurred and whether sanctions are warranted.
b. If there is reasonable cause to believe a violation occurred, the matter may be placed on a regular council meeting agenda for action or direction. [Ord. 14-10; Code 2004 § 2-139.]