Resolution No. 2022-20 Relating to Updating the Ethics Program Anonymity - Approved 051022Page 1 of 4
RESOLUTION NO. 2022-20
A RESOLUTION of the City Council of Bainbridge Island,
Washington, relating to amending the Ethics Program to
provide for anonymity of the parties during certain portions of
the Article I and Article II code of conduct and ethics
complaint processes.
WHEREAS, Chapter 2.07 of the Bainbridge Island Municipal Code (“BIMC”)
provides that the City Council shall establish, by resolution or ordinance, an Ethics
Program (“Program”) for the City of Bainbridge Island; and
WHEREAS, on May 10, 2006, the City Council passed Resolution No. 2006-25,
adopting the Program for the City of Bainbridge Island; and
WHEREAS, the City Council has previously amended the Program through the
passage of Resolution Nos. 2011-07, 2011-13, 2012-11, 2018-10, 2019-26, 2020-13, and
2021-10; and
WHEREAS, the City Council considered a memo drafted by a Joint Ad Hoc
Ethics/City Council Committee, dated March 15, 2022, at its regular business meeting on
April 26, 2022; and
WHEREAS, the memo provided that the intent of requiring anonymity of parties
in portions of the Article I and Article II code of conduct and ethics complaint processes
is: to reduce the potential for weaponization of the Program; to retain as much
transparency in the processes related to the Program as possible; to emphasize the
educational purpose of the Program, and to recognize where code of conduct complaints
and ethics complaints differ in the context of the Program; and
WHEREAS, the City Council approved the proposed changes found in the
memo, with modifications, at the April 26, 2022, regular business meeting and directed
the City Manager to return with a resolution to update the Program accordingly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS:
Section 1.Article III, Section A of the City of Bainbridge Island Ethics Program
is hereby amended to read as follows:
A. Submission and Review of Code of Conduct Complaints
1.Any individual may submit to the City Clerk a complaint alleging
violations of the Code of Conduct (Article I) by a Councilmember or a member of
a City Committee or Commission.
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2.Each complaint must include the name and address of the complainant,
along with a detailed statement of facts, supported by a declaration in compliance
with RCW 9A.72.085, on a form supplied by the City Clerk.
3.Anonymity of Parties.
a. During the Ethics Board’s review process:
1. The names of the parties (the complainant and the subject of the
complaint) shall be redacted in the complaint and in any related
documents before publication on the City website and/or inclusion
in the Ethics Board’s agenda packets.
2. Ethics Board members shall avoid using names during their
deliberations.
b. At the conclusion of the Ethics Board’s process, any advisory opinion
or notice of dismissal issued by the Board and/or information to be
published on the City website regarding the Board’s determination shall
have the names of the parties redacted before publication.
c. The copies of the complaint, response, and any other documents to be
provided to the parties to the complaint shall not be redacted.
34.The City Clerk shall refer complaints… .
45.Upon receipt of a complaint… .
56.As soon as practicable following receipt of a threshold determination… .
67.Upon referral back to the Ethics Board of a complaint… .
Section 2.Article III, Section B of the City of Bainbridge Island Ethics Program
is hereby amended to read as follows:
B. Submission and Review of Ethics Complaints
1.Any individual may submit to the City Clerk an ethics complaint alleging
violations of one of the following:
a.The Code of Ethics (Article II) by a Councilmember or a member
of a City Committee or Commission; or
b.The ethics standards contained in the City of Bainbridge Island
Employee Manual by a City employee other than the City Manager.
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2.Each complaint must include the name and address of the complainant,
along with a detailed statement of facts, supported by a declaration in compliance
with RCW 9A.72.085, on a form supplied by the City Clerk.
3.Anonymity of Parties.
a. During the Ethics Board’s review process:
1. The names of the parties (the complainant and the subject of the
complaint) shall be redacted in the complaint and in any related
documents before publication on the City website and/or inclusion
in the Board’s agenda packets.
2. Ethics Board members shall avoid using names during their
deliberations.
b. At the conclusion of the Ethics Board’s process:
1. Any notice of dismissal issued by the Board and/or information
to be published on the City website regarding the Board’s
determination shall have the names of the parties redacted before
publication.
2. Findings issued by the Board that are accepted for review by the
hearing examiner shall not be redacted.
c. The copies of the complaint, response, and any other documents to be
provided to the parties to the complaint shall not be redacted.
34.To facilitate timely review… .
45.The City Clerk shall refer… .
56.Upon receipt of a complaint… .
67.The Ethics Board shall review… .
78.After reviewing the complaint and the response… .
89.The Ethics Board shall strive to complete its review… .
910.The Ethics Board shall report apparent violations of law to the City
Attorney.
1011. Upon receipt of a complaint, the Hearing Examiner shall… .
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1112. The Hearing Examiner shall conduct a threshold review… .
1213. After reviewing the complaint and the response… .
1314. The Hearing Examiner shall strive... .
1415. If the Hearing Examiner determines that… .
Section 3. Severability.If any one or more sections, subsections, or sentences of
this resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this resolution and the same shall remain in full force
and effect.
Section 4. Effective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council this 10th day of May, 2022.
APPROVED by the Mayor this this 10th day of May, 2022.
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, CMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
May 6, 2022
May 10, 2022
2022-20