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City attorney to retain outside investigator; council seeks report by early December
Summary
After the council learned the initially designated hearings examiner declined the ethics investigation assignment, the city attorney identified an outside investigator with relevant experience. Council directed the city attorney to retain the investigator and sought an advisory report no later than Dec. 8 if possible.
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Vancouver City Council on Oct. 13 directed the city attorney to retain an outside investigator to complete an advisory report on an ethics complaint concerning a council member, and asked staff to expedite the timeline so the council could consider the report by early December.
City Attorney (Ms. Cook) told council that the hearings examiner the city had designated declined the assignment because of scheduling constraints and because investigating facts is outside the typical role of the city—s hearings examiner. Ms. Cook said she identified an outside attorney with prior experience handling municipal ethics investigations, Brenda Bannon (Ogletree law firm), who is available to conduct an investigation and to issue the advisory report the council—s policy requires.
Under the city—s process, the advisory report would ordinarily be due 60 days after the complaint (the complaint was received Aug. 29, making an Oct. 28 deadline without extension). Ms. Cook said the proposed investigator initially requested an additional six weeks (which would move the deadline to Dec. 15). Several councilors urged a faster timeline; Councilor Paulson asked that the city attorney seek delivery by Dec. 8 and include the extension request in the investigator—s engagement.
Council reached consensus to instruct the city attorney to proceed with the outside investigator and to seek a completion date no later than Dec. 8 if the investigator can meet it. Council clarified that last week—s staff legal report was a preliminary determination on policy application and not a final adjudication of facts; the outside investigator—s advisory report will provide findings of fact and conclusions of law under the city—s policy.
