2.50.110 Complaint procedures.
(1) Any natural person who believes a person subject to the code of ethics has committed a violation of the code may file a complaint with the ethics commission. 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;
(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 five years of the date of the occurrence or occurrences alleged to constitute a violation of the code of ethics; and
(f) The complaint must refer to the specific provisions of the code of ethics which are alleged to have been violated.
(2) Complaints shall be filed with the clerk of the ethics commission. Except for complaints alleging a violation by a member of the county council, a candidate for a county council position, or a councilmember-elect, the clerk shall process the complaint as provided in the following subsections of this section. The clerk shall immediately forward complaints alleging a violation by a member of the county council, a candidate for a county council position or a councilmember-elect to the administrator of the office of hearings administration who shall designate an employee of that office to serve as ex officio clerk of the ethics commission for the processing of such complaints as provided in the following subsections of this section.
(3) The clerk shall forward the complaint and any accompanying documentation and evidence forthwith to the chairperson of the ethics commission. The chairperson shall review the complaint for compliance with the requirements of subsection (1) of this section. If the chairperson determines that the complaint is noncompliant with subsection (1) of this section, the chairperson shall, within five working days of the filing of the complaint, enter a written order stating the chairperson’s findings pursuant to subsection (3)(a) or (b) of this section.
(a) The chairperson shall dismiss the complaint should the chairperson find that the complaint:
(i) is untimely; or
(ii) does not, on its face, state facts which, if proven to be true, constitute a violation of the code of ethics referred to in the complaint; or
(iii) is not based upon facts within the personal knowledge of the complainant.
(b) The chairperson shall find the complaint deficient if the complaint:
(i) has not been signed under oath; or
(ii) fails to refer to a specific provision of the code of ethics which is alleged to have been violated; or
(iii) fails to 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; or
(iv) is not accompanied by all available documentation or other evidence known to the complainant to support the allegations of the complaint.
If the chairperson finds that the complaint is deficient under this subsection (b), the chairperson’s order shall notify the complainant that unless a corrected complaint is filed within five days of the issuance of such order, the complaint shall be dismissed.
(c) The complainant may appeal the dismissal of a complaint under this subsection by filing an action in the Snohomish 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.
(4) For complaints which are not dismissed under subsection (3) of this section, the chairperson shall direct the clerk to serve a complete copy of the complaint and any accompanying documentation and evidence to the person (hereinafter referred to as the respondent) alleged to have committed a violation of the code of ethics. The clerk shall serve a copy of the complaint and accompanying information upon the respondent by certified mail or by personal service not later than seven working days following the filing of the complaint.
(5) The respondent shall, within 20 days of the date of mailing or personal service of the complaint by the clerk of the commission, file with the clerk any response to the complaint the respondent 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 which the respondent wishes the commission to consider. The respondent 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.
(6) Upon receipt of a response to a complaint, the chairperson shall review the complaint and response, together with all supporting documentation and evidence submitted by the complainant and the respondent. 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 by the clerk of the commission), the chairperson shall issue a preliminary decision in writing. A preliminary decision shall include one of the following determinations:
(a) Determine that a hearing is necessary in order to obtain a clear determination of the facts relevant to the complaint; or
(b) Determine that, based upon the complaint and response, the facts relevant to the complaint are clearly established and no hearing is necessary.
(7) When a preliminary decision is issued pursuant to subsection (6)(b) of this section, it shall contain findings and conclusions and a disposition of the complaint. If the chairperson concludes a violation of the code of ethics was committed, the preliminary decision shall include a penalty as provided for in SCC 2.50.160. Copies of the preliminary decisions shall be served forthwith on all members of the commission by the clerk. Until it becomes a final decision, a preliminary decision issued pursuant to subsection (6)(b) of this section shall be confidential and shall not be released to either the complainant, the respondent, or any other person with the exception of commission members and commission staff. Commission members may either concur in the preliminary decision or request a hearing. A hearing on the complaint before the full commission shall be scheduled by the clerk if a request for hearing is filed with the clerk by one or more commission members within 10 days of the issuance of the preliminary decision, PROVIDED: that commission members shall have 15 days from the date of issuance of the preliminary decision to request a hearing if the chairperson so provides in the preliminary decision. If a commission member does not file a timely request for hearing, it shall be conclusively presumed that the commission member concurs in the preliminary decision.
(8) If no timely request for hearing is made by any commission member, a preliminary decision issued pursuant to subsection (6)(b) of this section shall become a final decision of the commission and shall be signed and dated by the commission chairperson within two working days following the expiration of the review period provided in subsection (7) of this section. The clerk shall immediately notify the complainant and the respondent of the final decision and shall deliver a copy of the final decision to each of them and to any other person who has submitted a written request therefore. Either the complainant or the respondent may, within 30 days of the date of the final decision, appeal it to the Snohomish County superior court by writ of certiorari pursuant to chapter 7.16 RCW.
(9) When a decision to hold a hearing is issued pursuant to subsection (6)(a) of this section or when a request for hearing is filed by a commission member pursuant to subsection (7) of this section, the clerk shall schedule a hearing not more than 30 days from the date of the preliminary decision and shall mail written notice of the hearing to the complainant, the respondent, each member of the commission and to any other person who has submitted a written request therefore. In addition, notice shall be provided by publication in the official county newspaper not less than five days prior to the date of the hearing.
(10) All hearings on complaints before the ethics commission shall be de novo and a preliminary decision issued pursuant to subsection (6)(b) of this section, if any, shall have no force or effect and shall remain confidential. The parties may appear in person or through attorneys. Hearings shall be conducted in accordance with the following provisions:
(a) The complainant shall have the burden to prove by a preponderance of evidence that the violation or violations alleged in the complaint occurred.
(b) Not less than two days prior to the hearing date, the complainant and respondent shall each file with the clerk and serve upon the other party, a list of witnesses they wish to call at the hearing. Only those witnesses whose names appear on the witness lists may testify at the hearing. In exceptional circumstances and for good cause shown, the commission chairperson may, in his or her discretion, permit additional witnesses to testify.
(c) At the commencement of the hearing, the commission chairperson shall ask the parties to provide an estimate of the time required to present their evidence and arguments. The chairperson shall then issue an order establishing a reasonable limit on the time for each party to present his or her case which shall be equal for each party. The complainant may divide his or her allotted time between an opening presentation and rebuttal of the respondent’s case. Each party may present opening and closing arguments.
(d) All testimony shall be given under oath administered by the clerk of the commission. Subject to control by the chairperson, each party shall be permitted to cross-examine the witnesses of the other party.
(e) The clerk shall electronically record all proceedings and shall assign exhibit numbers to, and become the custodian of, all documentary evidence.
(f) The chairperson shall have full authority to regulate the conduct of the hearing and may take any actions reasonably necessary to maintain an orderly proceeding. The chairperson may continue a hearing to a date and time certain should the chairperson determine that such continuance is necessary.
(11) At the conclusion of a hearing on a complaint, the commission shall deliberate and enter its oral decision which shall include findings and conclusions in support of the decision. The chairperson shall direct commission staff to prepare a draft written decision reflecting the commission’s oral decision and shall continue the hearing to a date and time certain for commission consideration and approval of the written decision. The final written decision shall be signed and dated by the commission chairperson. The clerk shall deliver a copy of the final written decision to each party and to any other person who has submitted a written request therefore.
(12) A final written decision may, within 30 days of the date of the written decision, be appealed by either the complainant or the respondent to the Snohomish County superior court by writ of certiorari pursuant to chapter 7.16 RCW. (Added by Amended Ord. 95-056 § 17, July 19, 1995, Eff date Oct. 25, 1995; Amended by Ord. 03-067, June 18, 2003, Eff date June 30, 2003; Amended by Ord. 09-024, Apr. 22, 2009, Eff date May 8, 2009; Amended by Amended Ord. 13-043, June 19, 2013, Eff date Jan. 1, 2014; Amended by Ord. 21-100, Jan. 12, 2022, Eff date Feb. 3, 2022).