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Legal staff propose clarifying Spokane ethics code, recommend relying on state PDC for campaign-resource complaints
Summary
City legal presented edits clarifying when the Public Disclosure Commission should take primary authority on campaign-resource complaints under state law, posting protocols for advisory opinions and preliminary jurisdictional reviews, and a broader path for the ethics commission to request independent investigations.
City legal reviewed a set of proposed clarifications to the municipal code of ethics that the department says will reduce confusion and streamline processes.
The presentation explained three substantive clarifications being proposed to SMC 1.04B: (1) clarify that violations involving RCW 42.17A.555 (use of city resources in campaigns) may be pursued primarily by the state Public Disclosure Commission (PDC) to avoid duplicate investigations; (2) standardize public posting of advisory opinions, preliminary jurisdictional reviews, and investigative reports on the city website and sequence postings to avoid piecemeal disclosure during active hearings; and (3) allow the ethics commission the explicit authority to vote to request an independent investigation even if the city attorney’s preliminary review does not independently recommend one.
Mr. Piccolo said the recommendations aim to reduce conflicting outcomes when both city and state investigations arise: "Our recommendation is that the state PDC should have primary authority. So if it did happen, we would rely on the state PDC and that this complaint would become moot." Council members asked for edits to preserve the city’s ability to continue a local proceeding if the PDC dismisses a complaint on technical grounds; Piccolo agreed to add language to that effect.
Council members also proposed adding educational material or examples on the website to help the public understand what constitutes a conflict of interest and where to find prior opinions. Legal staff said advisory opinions and preliminary jurisdictional determinations would be posted within a five-business-day preliminary-review window and that full hearing materials would be posted at hearing close to avoid constant piecemeal updates.
Next steps included drafting the proposed ordinance edits to incorporate council feedback and returning the revised language for committee or legislative consideration.
