Charter amendment to create Clallam County ethics review board advances after rules-of-procedure amendment

The Charter Review Commission voted Oct. 27 to advance a proposed charter amendment that would establish an independent Clallam County Ethics Review Board to receive and review written complaints alleging violations of the county code of ethics.

The commission also approved an amendment directing the proposed board to adopt rules of procedure for receipt, review and appeal of complaints, and sent the amended draft to the commission’s Nov. 10 meeting for step 2 review with a clean copy for further consideration.

The proposed charter language read into the record would create a three‑member ethics review board (one member from each county commissioner district), require appointees to be residents of the district they represent and bar current county employees, elected officials, candidates or immediate family members from service. The draft says the board’s duties would include determining whether complaints fall within its jurisdiction, conducting impartial reviews and issuing written findings; the draft also states the board would not impose penalties or sanctions and would not hear allegations predating the amendment’s effective date.

Commissioners debated several procedural and legal concerns during more than an hour of discussion. Commissioner Richards said the draft should make clear where appeals would go. "I think it would be strengthened by saying any decision may be appealed to the hearings examiner subject to rules established by the ethics board," Richards said, arguing the county’s hearings examiner is a standing forum that could handle appeals.

Committee members said they left the appeals process intentionally broad so the eventual board could write detailed rules with public input. "The committee is suggesting the board develop rules and bylaws, and that could include sending appeals to a hearings examiner," Commissioner Fleck said, noting the committee’s concern about litigation risk and costs if the charter were to prescribe a detailed appeals regime.

Commissioners also discussed the draft’s rule barring anonymous complaints. Committee supporters said anonymous filings create legal and evidentiary difficulties and increase the risk of costly litigation for the county. Opponents and some commenters raised concerns about discouraging vulnerable witnesses from coming forward.

Several commissioners pressed for additional detail on likely costs and administrative support. Commissioners and members of the public referenced Clark County’s recent experience as an example the committee reviewed but said no definitive cost estimate could be found by the committee.

On a procedural motion, the commission adopted new language under section 8.13 requiring the ethics board to "determine the rules of procedure for receipt, review, and appeal of complaints of violations of the Clallam County code of ethics," and the commission voted to renumber existing subparagraphs accordingly. The body also voted to strike subsection 8.12(e) (appointment language) as part of the amendment process.

After amendments were adopted, commissioners voted to table the item to Nov. 10 so members would receive a clean, consolidated copy of the revised draft. Chair Fish said the item will appear on the Nov. 10 agenda as the ethics amendment at step 2.

Public commenters urged the commission to move the amendment forward, asked that likely fiscal impacts be included in voter materials, and urged protections for whistleblowers and confidentiality where appropriate. "Boards always require staff," public commenter Norma Turner said, noting training and liability questions that she said should be addressed when the county presents the issue to voters.

Next steps: the commission will review the amended draft at its Nov. 10 meeting at step 2 with a clean copy of the proposal and continued opportunity for commissioners to refine the appeals language, confidentiality protections and implementation details. If the commission continues the process, any charter amendment approved by the commission would proceed through the county’s charter amendment timetable and — if referred to voters and approved — become effective under the timetable set by the charter.