No preview available
HomeMy WebLinkAbout3349 Amending PTMC Chapter 2.80 Relating to the City's Code of Ethics; Providing for Severability; and Establishing an Effective DateOrdinance 3349 Page I of 1 Ordinance No. 3349 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 2.80 RELATING TO THE CITY'S CODE OF ETHICS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Port Townsend desires to amend Port Townsend Municipal Code ("PTMC") Chapter 2.80 relating to the City's Code of Ethics; and WHEREAS, the City's Ethics Officer provided the City with recommendations to improve the efficiency of review of ethics complaints; and WHEREAS, on February 12, 2025, the Council Culture and Society Committee reviewed suggested edits brought forth by the City Attorney, which included the recommendations of the Ethics Officer, and the Committee now seeks City Council consideration of those recommendations; NOW THEREFORE, the City Council of the City of Port Townsend do ordain as follows: . , e, ` p of 1', cs Amended. Port Townsend Municipal Section 1 1' �, M ,,, Cha term 2 80 Code ... Code Chapter 2.80 (Code of Ethics) is hereby amended as set forth in Exhibit A attached hereto and by this reference fully incorporated herein. Sccttori 2 Seyerabilit . If any sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase or work of this ordinance. Section 3. Effective Date. This Ordinance shall take effect and be in force five days followingpublication its p o... n in the manner provided by law. ADOPTED by the City Council of the City of Port Townsend, at a regular meeting thereof, held this 17 day of March 2025. -------------------- Mayor Attest: Alysst odt„l s City Clerk EXHIBIT A 2.80.010 Policy. A. The city of Port Townsend is committed to conducting its business in a fair, open, efficient, and accountable manner. Municipal officers. employees, and advisor Ry, board mernbers shall conduct their public and private actions and financial dealings in a manner that shall present no conflict of interest between the public trust and their private interest. Each municipal officer; grnp c and advisory., board member arei-s assumed and expected to act in accordance with all laws that may apply to his or her position. B. Each municipal officer y l a ird members shall be trained on the p �. �mrr��lcmmy�.m..s� �mnd tr.rlvrst�r requirements of this code as soon as practicable after beginning appointment to or employment with the city. Refresher training shall be provided at least every two years. C. This code does not address issues of sexual harassment, discrimination, workplace rules or personnel policies, or other activities prohibited by law or regulated by city policies. 2.80.020 Adoption of state law. A. General. Except as provided for in this chapter, the city adopts as its code of ethics Chapter 42.23 of the Revised Code of Washington ("RCW"). This chapter shall apply to all municipal officers as defined in RCW 42.23.020. B. Gifts. Except as amended in this chapter, the city adopts the following RCW sections: 42.52.010(8), (9), and (20), 42.52.140, and 42.52.150, except RCW 42.52.150(2)(g), (h), (i), and (1). 2. Where the statutes listed in subsection (13)(1) of this section use the terms "state," "state officer," or "state employee," those terms shall apply to the city or to municipal officers of the city as appropriate. 3. Where the statutes listed in subsection (13)(1) of this section refer to other sections in Chapter 42.52 RCW, those references shall be to the comparable section in Chapter 42.23 RCW. If there is no comparable section in Chapter 42.23 RCW, the statutes adopted in subsection (13)(1) of this section shall not apply. 2.80.030 Statute of limitations. Any complaint related to a violation of this chapter must be filed with the city clerk not later than thr-ems- three years from the alleged date of the violation or one year from dmscoycry dal the_violation. EXHIBIT A -I 2.80.040 Hearing officer. A. Ethics Hearing Officer Position Created. There is created and established the position of "ethics hearing officer" ("hearing officer") for the city of Port Townsend. The council shall appoint a hearing officer and may appoint one or more alternate hearing officers. The first alternate hearing officer shall serve as the hearing officer if the hearing officer is unavailable or unable to serve, and the second alternate shall serve if the hearing officer and first alternate are unavailable or unable to serve. B. Qualification. A hearing officer must be an active member of the Washington State Bar Association, have at least seven years of experience as a lawyer, have no record of public discipline, and have experience as an adjudicator or as an advocate in contested adjudicative hearings. C. Powers. The hearing officer, when assigned by council or the city manager, has the authority to and t conduct hearings evidence_.... , � :..._ � ....__ p y .... � . 1�� c�l�cc�� rcccrve are _ � dctcr r-nine its sr tcrcr c, �du - Flu a ��t will not conduct _.. fake decisions based old""cvid��c r�dut �t;�_on �nce��.��c_nt �r�vca����t���ns aad will r����l���, sr�l r rtted by tlic ,arta ; . 2.80.050 Processing of complaints. A. Written Complaint..- Coiii lmeten ss. Aoy-pef-*a4 tf1 i-it-�wr 4 .. m,plr i-nt4ot ale ml 1 .-aaaar-awl-a�rr�tl�cad�l�y-wl�i�1�-a�t�ft-ter-��ty�:�-�rt��e�:l,ww�-i.ty._cl � �°haRl-p�r�t�l d liv r a c py tl ter- rpl air t to l i i l al �l l e fag a t.c" coy pl lint that this cod of py� m . _ a l tint bl whthel cil --c rk All � � la tws hall be the tote followin ethics has been violated", e � ill lac sent a co of the c�e �� �' � � o the rec r.rirernents: 1 .i:°re corer..�gir1t t� nest L�� based tr gi.f`acts within t1�e t��tson l knowl e o t'he compl.ri�rtnr —COMP 2. The ecrrrrplaintw must be srrb.._. _ h by the com lainmant trtihzin�a niittecl and sr �ned under oat Ibrin to wb rov &!Ll by the city 3 incl complaint rrlrt;t include a detailed tactual desc i ption ..of the a[ e �cc��viotalior ~ �� d the rarrac of the person ear . merlons udrr the date time artcl lace of each occurrence rTc zcc and p who arc alleged to Nivc —committed the violataor�� ��r�wweearn �larrat incest ��lso refer to [fie v-! :q i Lvrs onsµof the code mowi fetliics .whrcll rr alle; cimmto havebeenviolate 4. ..? )e ac an.iIT d b all available documentation inc:l�idir)g bUt not c cor�rlarrrt rr�rr.rst k�c aceo limited to audio and video evidence orwotl� � c r�wtdence 1cnt�w�rt �t�r�a the corplj� �inant to, )r( the all.gggigii.s. of the ccarral mlaint. The hcarir officer iocs not conduct its ..own invest i&,q onsM ndl EXHIBIT A-1 5. The.coniplaint niust set fiarth the coinr)lainant's stailding'..A,.gorgi �lainar t r wtrstdeiiiotisti-,,,ite that they hold a ctirrent city_t)�L tjncss license, are curi-etitly cinRlo I within the c -have done business with the_qity, or a currein, orp, id it, or pro� _p.A.Ke�� _�ji _ _ _.owner within the e B. No nerson shall knowinaly file a false co.l_wlaint. or a false report of a violation of this code of ethics. LADY-=01-nplaint that this code of ethics has been violated shall be rcvjewed,j?y,_the cityc[cL d�esimee �for a �deteijmination oI* conn leteness. A com laint shall be degined compl4e..9ply it jC illClUdes all information required tinder sLibsectiqj_L,'- of tl�ijsscctiL)n_and is signed and dated b the complainant. The initial determination shall be documented in m writ%rwithin fifteen business days of the city's receipt of the, c_o.t.-npjqjinj.,_,unlcss r time is deemed warrant!�d lly flic-61y clerk based on circurnstances. The ity _!1:f1ti A�,�yk ,, designee's initial deternij on Ifla gqL �q �Jaint is inconiolete, the citesclerk or desianee �shqlj_ Ut:qct _ 1hK.L11_er_eLqction...The c ipDlainant may -submit the complaint_p with the missing 2 c�QM ja c citv clerk or designee _�on. If after reviewing Lntth determines the complaint is complete, the city clerk willfollow the prqcqLj qtes described in subsections (5) oL(Q..bqlow.. B. Elected Officials - City Manager. Complaints against elected officials and the city manager shall be automatically assigned to ahearing officer if such coniplailit isdetennined to be comp.[qq ... . ......... - — as describe(] above. The hearing officer shall dismiss a complaint if, assuming all facts alleged are true, there is no violation of this chapter or that any violation was minor. The hearing officer will submit a report to the city council, with a copy to the complainant and the person against whom the complaint was filed. C. Employees - Advisory Board Members. Complaints regarding city employees and officials, and members of advisory bodies, shall be brought to the employee's supervisor, manager, or to the city manager. The supervisor, or appropriate individual as determined by the city manager, shall investigate the complaint and provide a report to the city manager.- The city mina er,,may determine that such corrw alaar t ltocmlcl be forwarded to the hcqrijjg_pffi�L D. Hearings shall generally be conducted in accordance with the city's then -current adopted version of the hearing examiner's rules of procedure. 2.80.060 Penalties. A. W!ecoWad :tat piwedum-.A, elected of"ficial FoLind to have vjolatKd inA nia be stibiect -.11Y. L -grgyision ofthis code to one or more venalties. subje ct to approval of a mgjiority -ntial _qfthq Council, Discussion of a,,pote P.LLr1WtY..niav be discussed in executive session p girstiant.j.q R( W 4230.11 0(11). however,a '1q)n the ublic hearing or a meeting open to the pghlic shall be conducted p�n such co p .-LaiLorcharge. A penalty . a include, but is not limited �yjp to. the fqllo& 1. A cease and desist order as to violations of this chapter. EXHIBIT A- I 2. An,sLldcr to disclo� an reports on:..t?.ther documents or nlorrnaatiion�,nc ugege , 3. made to the elected of -nor if the ������ l�z�t is � �'.. M�� c.a�wt�ca d A �rrniticn An admonition shall be a verbal statement �n rov�dh theme .,,..�... � �,y ��cn�n-h�, �tl��, Mayor �.µ..ry �- � qj!jst tla� �r� them 1 the lac n,nt Ma or or deli �n� e. An admonition under this sections is not subject to further r v cyv or a weal e cl it a_ �� be atk e�' tse r vfld by i v 4 nnnre A censure shall be adt i inistered to the elected official b resn�lutiOn cal censure b thc�CitYtn-ac LL cen ,5, t, uflA r this section is not subi.ect to further reviL,,y om r aL ecct as nL�° b otlt�wv�ise proidec� law. e—s lL 5 $1 QOO Atn monetary natty assessed ivil�hall be pla d n the C tv s �n �lld fund. Cna.Lltusan,11 ' n 1 `tl C"nip c nl o' ter an )fficigl to pa 6� rvrl � oral_y, the of lcn n a sceh a writ of" review l n i the nnjscnITnor ". n rt p-- t tc� Chin tit 7.16 RCW ITw thin tl� tt ;l) da s 1` the i! w f oGnnc it s order. 6 An other p n it ..tljat is riccraterl lr� t. �a7� t4lUitabl . B. The city manager may be disciplined as provided for in state law, the city's personnel policy manual, or the manager's employment contract. C. Employees may be disciplined as provided for in state law, the city's personnel policy manual, or the applicable collective bargaining agreement. D. Members of advisory boards may be disciplined as provided for in state law or the council's rules of procedure. EXHIBIT A-1