3.12.080 Enforcement Procedures.
A. Any person who has personal knowledge of a violation of this Ethics Code may file a complaint containing a sworn statement of the violation with the Hearing Officer. Complaints shall be submitted on a form prepared by the Ethics Commission and shall be delivered to the Hearing Officer at a location to be determined by the Hearing Officer in a sealed blank envelope. Complaints must be submitted within two years of the alleged violation and may not be submitted if a complaint has been filed in another forum regarding the same allegation(s). The Commission shall dismiss any complaint or portion of a complaint which has not been filed in accordance with these provisions. Complaints shall include, but not be limited to, the following:
1. Identity of complainant;
2. Identity of alleged Ethics Code violator;
3. Detailed description of activity constituting violation including dates and locations of violations;
4. Section of Ethics Code believed to be violated, if known;
5. Identity of other persons with knowledge regarding alleged violation, if known;
6. All available documentation or other evidence to demonstrate the reason(s) for believing that a violation has occurred.
B. Upon receipt of the above-described complaint, the Hearing Officer shall conduct such investigation of the allegations contained therein as they deem necessary and appropriate in order to make an initial determination as to whether probable cause exists to believe that a violation of this Ethics Code has occurred.
C. If the Hearing Officer is satisfied that there is no probable cause to believe that a violation of this Ethics Code has occurred, they shall:
1. So notify the complainant and any elected official who is the subject of the complaint in writing. When the subject of the complaint is not an elected official, the Hearing Officer may, in their discretion, notify the subject of the complaint. Written correspondence shall be deemed received within three days of the postmarked date;
2. Prepare written findings and conclusions regarding the complaint stating the factual basis for the findings and the legal basis for the conclusions;
3. File the findings, conclusions and a notice of no probable cause with the Ethics Commission;
4. If they believe a criminal act of a type not covered by the Ethics Code was committed, submit their file to the appropriate law enforcement authorities;
5. Take no further action other than as specified above.
D. In the event complainant believes that the Hearing Officer did not fairly review their complaint prior to determining no probable cause, complainant may file, by sending to the Ethics Commission, a request for reconsideration with the Chair of the Commission. A sworn statement that the Hearing Officer did not make a fair review because of reasons of conflict of interest, bias or prejudice must be attached to the request for reconsideration.
1. The statement must set forth facts and reasons for the belief that the conflict of interest, bias or prejudice exists.
2. The statement shall be postmarked no more than 20 calendar days after complainant is deemed to receive notice of the Hearing Officer's original finding of no probable cause.
3. The Chair shall determine whether the statement establishes that a conflict of interest, bias, or prejudice exists. If, in the Chair's determination, the statement does not establish that a conflict of interest, bias or prejudice exists, the complainant shall be so informed and no further action shall be taken. If the Chair determines the statement provides sufficient facts which, if true, establish that a conflict of interest, bias, or prejudice exists, the Chair shall refer the request for reconsideration and the statement to the Commission.
4. If the Chair refers a request for reconsideration to the Commission, the Commission shall then review the original complaint, the statement, any other written materials which were considered by the Hearing Officer, and the Hearing Officer's findings and conclusions, to determine if probable cause exists. If the Commission finds that probable cause does exist, the Commission shall:
a. Prepare and file its own written findings and conclusions;
b. Proceed as set forth in PCC 3.12.080.F.
5. Should it appear to the satisfaction of four members of the Commission at any time that any of the statements presented to it pursuant to this Section are presented in bad faith or solely for the purpose of harassing a respondent or prolonging the investigation, the Commission shall order the complainant submitting them to pay to the Commission and the respondent the amount of reasonable expenses which the filing of the statement caused it to incur, including reasonable attorneys fees, and shall declare no violation has occurred.
E. If the Hearing Officer finds probable cause to believe an Ethics Code violation has occurred, they shall:
1. Prepare written findings and conclusions regarding the complaint stating the factual basis for the findings and the legal basis for the conclusions;
2. File the findings and conclusions and a notice of probable cause with the Ethics Commission;
3. Submit their file to the appropriate law enforcement authorities if they believe a criminal act of a type not covered by the Ethics Code was committed;
4. Take no further action other than as specified above and maintain confidentiality regarding the complaint, the investigation and findings.
5. The Hearing Officer may determine that there is probable cause for some violations of the Ethics Code, but no probable cause for other alleged violations. To the extent that the Hearing Officer finds no probable cause, the Hearing Officer shall proceed under PCC 3.12.080.C regarding the alleged violations.
F. Upon receipt of the Hearing Officer's findings of probable cause, the Commission may choose between the three courses of action as follows:
1. Refer the matter to the office of the Pierce County Prosecutor for criminal prosecution; provided, that upon a determination that the proof beyond a reasonable doubt necessary for criminal conviction is not available, the office of the County Prosecutor may refer the matter back to the Commission for proceedings consistent with the civil burden of proof; e.g., a simple preponderance of the evidence; or
2. Find:
a. That the complaint presents a violation of the Ethics Code, but that any violation that may have occurred does not constitute a material violation because it was inadvertent and de minimus, or has been cured and, after consideration of all the circumstances, further proceedings would not serve the purposes of this Chapter, and
b. Dismiss the complaint; or
3. Retain the matter for its own formal investigation with a view toward the ultimate imposition of a civil penalty or penalties in the event it is determined an actual violation has occurred.
G. Should the Commission decide to retain the matter for its own formal investigation pursuant to PCC 3.12.080.F.3, the Commission shall notify, in writing, the complainant, and the respondent, of its decision to pursue a formal investigation by way of holding a hearing to determine if a violation has occurred.
H. Such hearings shall be open to the public, except the Commission may hold executive sessions pursuant to RCW 42.30.110(1)(f) and (i).
I.
1. Hearings shall be conducted in accordance with procedures adopted by the Commission. Hearings conducted by the Commission shall be informal with technical rules of evidence not applying to the proceedings except the rules of privilege recognized by law. The respondent may be represented by legal counsel and/or by their bargaining representative and may present and cross-examine witnesses and give evidence before the Commission. The Commission may call witnesses on its own motion and compel the production of any documents or materials, including electronic, paper, or other evidence needed. To that end the Ethics Commission shall issue subpoenas and subpoenas duces tecum at the request of the Commission or the person complained against. All testimony shall be under oath administered by a member of the Commission. The Commission may adjourn its hearing from time to time in order to allow for the orderly presentation of evidence.
2. Upon motion of respondent or upon its own motion, the Commission may temporarily stay or permanently suspend its investigation when, in its informed discretion, the manifest needs of justice and fairness will be better served thereby.
3. Commission shall prepare an official record of the hearing, including all testimony which shall be recorded manually or by mechanical device, and exhibits; provided, the Commission shall not be required to transcribe such records unless an individual entitled to knowledge of the contents of the record presents a request accompanied by payment of the cost of transcription.
J. Within 30 calendar days after the conclusion of the hearing, the Commission shall, based upon a preponderance of the evidence, make and fully record, in its permanent records, findings of fact, conclusions of law, and an order containing the final disposition including where appropriate the civil sanction(s) imposed. A copy of the findings, conclusions and order shall, within a reasonable time thereafter, be served via email with confirmation of receipt or by certified mail to the complainant and to the respondent at addresses provided by both persons to the Commission or by personal service.
K. Any person found, by final written order of the Commission, to be in violation of this Code of Ethics may seek judicial review of the Commission's decision in the manner and form as provided by RCW 42.17A.755(6) (Laws of Washington, 2010 c204 s. 1003).
L. If no appeal is perfected within the 30 calendar days following the date of service on Respondent of the Commission's final order, and voluntary compliance with the order does not occur, the County Prosecutor shall petition in Superior Court for enforcement of the Commission's order in a manner patterned after that which is currently provided for enforcement of orders entered by the State Public Disclosure Commission in RCW 42.17A.760 (Laws of Washington, 2010 c204 s. 1003).