Drafter
Clerk 04/27/2026
Title
AN ORDINANCE relating to the prevention, detection, and response to fraud, waste, and abuse of county-administered moneys, and creating an inspector general division within the office of public complaints.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 13320, Section 14, as amended, and K.C.C. 1.07.140 are hereby amended to read as follows:
A. Except for allegations of untimely filing of statements and reports, which are processed by the department under K.C.C. 1.07.130.K., complaints alleging a violation of any of the provisions of this chapter shall be filed with the ((county ombuds)) office of public complaints. Any such ((a)) complaint shall be in writing, verified and signed by the complainant. The complainant shall describe the basis for the complainant’s belief that this chapter has been violated. The complainant may state in the written complaint whether the complainant desires that the complainant’s name be withheld from disclosure under RCW 42.17.310(1)(e) if the complaint is the subject of a public records disclosure request.
B. Within twenty days of receiving a complaint meeting the requirements of subsection A. of this section, the ((county ombuds)) office of public complaints shall serve or mail, by certified mail, return receipt requested, a copy of the complaint to the person alleged to have violated this chapter. Within forty days of receiving the complaint the ((county ombuds)) office of public complaints shall analyze the merits of the complaint to determine whether a full investigation is warranted. The ((county ombuds)) office of public complaints shall have the authority to issue an order dismissing the complaint, or specific sections of the complaint, if the ((county ombuds)) office of public complaints determines that the complaint or specific sections of the complaint, as written, alleges a de minimis violation or does not state facts that, even if true, would constitute a violation of this chapter.
C. If the ((county ombuds)) office of public complaints determines that a full investigation of the complaint is warranted, then the investigation shall be directed to ascertain the facts concerning the violation or violations alleged in the complaint and shall be conducted in an objective and impartial manner. The ((county ombuds)) office of public complaints is authorized to contract for such investigative services and other assistance as may be needed to conduct the investigation, subject to the council's appropriation of adequate funds to pay for the costs of the contracts. In furtherance of such an investigation, the ((county ombuds)) office of public complaints is authorized to use the subpoena power to compel sworn testimony from any person and require the production of any records relevant or material to the investigation except information that is legally privileged. Upon request of the ((county ombuds)) office of public complaints, county employees shall provide sworn testimony and produce any records relevant or material to the investigation, except information that is legally privileged.
D. During the investigation, the ((county ombuds)) office of public complaints shall consider any statement of position or evidence with respect to the allegations of the complaint that the complainant or respondent wishes to submit.
E. The results of the investigation shall be reduced to written findings of fact and a finding shall be made that there either is or is not reasonable cause for believing that the respondent has violated one or more provisions of the chapter.
F. If a finding is made that there is no reasonable cause, then the finding shall be served or mailed, by certified mail, return receipt requested, to the complainant and the respondent and the finding shall be final. The original of the ((county ombuds)) office of public complaints’ finding shall be filed with the clerk of the council.
G. If a finding is made that reasonable cause exists to believe that the respondent has violated one or more of the provisions of this chapter, then the ((county ombuds)) office of public complaints shall prepare an order to that effect, copies of which shall be served or mailed, by certified mail, return receipt requested, to the complainant and the respondent. The original of the ((county ombuds)) office of public complaints’ order shall be filed with the clerk of the council. The reasonable cause order shall include:
1. A finding that one or more violations of this chapter has occurred;
2. The factual basis for the finding;
3. The amount of the civil penalty or penalties imposed for remedial purposes to be assessed for each violation. A person who is found to have violated this chapter shall be given a written warning for the first violation by certified mail, return receipt requested, and shall be subject to a civil penalty of up to one thousand dollars for each subsequent violation after the warning has been given. Further, an individual penalty may not exceed one thousand dollars per violation and in any case where multiple violations are involved in a single complaint, the maximum aggregate civil penalty shall not exceed two thousand five hundred dollars; and
4. A notice informing the respondent that the respondent has the right to a hearing before the hearing examiner as set forth in K.C.C. 1.07.150.
SECTION 2. Ordinance 13320, Section 15, as amended, and K.C.C. 1.07.150 are hereby amended to read as follows:
A. Any respondent aggrieved by an order of the ((county ombuds)) office of public complaints may appeal that order by complying with K.C.C 20.22.080 and by providing a copy of the appeal to the complainant.
B. If an order of the ((county ombuds)) office of public complaints has been timely appealed, an examiner shall conduct a hearing and shall affirm, deny or modify the order. The parties to the hearing shall be the respondent and the ((county ombuds)) office of public complaints. There shall be a verbatim record kept of the hearing and the hearing examiner shall have the power to administer oaths and affirmations, issue subpoenas, compel attendance, take evidence and require the production of any books, papers, correspondence, memoranda or other documents relevant or material to the hearing, except information which is covered by the attorney-client privilege. The burden of proving that a violation occurred shall at all times be upon the ((county ombuds)) office of public complaints. The decision of the hearing examiner shall be based upon a preponderance of the evidence. Such a hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given to the parties and the complainant at least ten days before the date of the hearing.
C. At the hearing each party shall have the following rights:
1. To call and examine witnesses on any matter relevant to the issues raised by the order of the ((county ombuds)) office of public complaints;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any relevant matter;
4. To impeach any witness regardless of which party first called the witness to testify;
5. To rebut evidence against the party; and
6. To self-represent or to be represented by anyone of the party’s choice who is lawfully permitted to do so.
D. Following review of the evidence submitted the hearing examiner shall, within a reasonable time, enter written findings and conclusions and shall affirm or modify the order previously issued if the hearing examiner finds that one or more violations of this chapter have occurred. The hearing examiner shall reverse the order if the hearing examiner finds that no violations of this chapter have occurred. A copy of the hearing examiner’s decision shall be served or mailed, by certified mail, return receipt requested, to the ((county ombuds)) office of public complaints, the respondent and the complainant. The original of the hearing examiner’s decision shall be filed with clerk of the council.
E. A decision of the hearing examiner shall be a final and conclusive action unless within twenty-one calendar days from the date of issuance of the hearing examiner’s decision an aggrieved person files an appeal in superior court, state of Washington, for the purpose of review of the action taken.
SECTION 3. Ordinance 1565, Section 1, as amended, and K.C.C. 2.20.040 are hereby amended to read as follows:
A. The auditor shall conduct audits, studies and oversight promoting due diligence by county officials. The auditor may perform the following functions in the course of performing that work:
1. Determining whether laws, policies and regulations are being faithfully, efficiently, effectively and equitably implemented by county officials;
2. Determining whether agencies or programs are achieving intended results; 3. Holding county officials accountable in their use of public funds and other county resources; and
4. Submitting to the council reports resulting from audits, studies or oversight.
B. The auditor may assist the inspector general division of the office of public complaints in the investigations of suspected fraud, waste, or abuse of county-administered moneys in accordance with K.C.C. 2.52.020.C.
C. The council shall review and approve by motion a work program proposed by the auditor at least every two years. To respond to emerging issues or circumstances, the auditor may request that the council by motion amend the work program or the council, by motion, may amend the work program. However, a council-initiated change to the work program shall not be made that adversely affects an audit or study in progress without the recommendation of the auditor.
((C.)) D. If the auditor determines that there is serious concern regarding fraud, abuse or illegality, or that the scope of an audit or study in progress should be expanded as the result of any findings, the auditor may initiate spontaneously and conduct, or expand the scope of, an audit beyond that approved in the work program.
SECTION 4. Ordinance 18799, Section 9, and K.C.C. 2.20.065 are hereby amended to read as follows:
A. The auditor shall have full and unrestricted access to any and all persons, property and records in any form of any department, agency, program, or other entity, including contractors, and grantees, that receives appropriations or funding from the county or performs work on behalf of or under the authority of the county. Access to persons, property, and records shall be provided to the auditor in a timely manner and without limitation. Access to persons or property and all records requested by the auditor shall be provided without charge.
B. For the purposes of this section, "access to persons" includes information, interviews or testimony by any and all individuals or entities employed by the county, including its officers and employees, , or ((persons)) other entities, including contractors, and grantees, performing work on behalf of or under the authority of the county. The manner of questioning the persons regarding their knowledge shall be determined exclusively by the auditor. The persons shall fully cooperate with the auditor and make full disclosure of all pertinent information.
C. For the purposes of this section, "access to property and records" includes furnishing and providing access to any and all requested property and records including, but not limited to, physical and digital materials, locations, writings, contracts and grants and related documents, information systems, operations and data, in a manner determined exclusively by the auditor. Access to property and records shall be construed to the broadest extent, including property and records designated as confidential or of limited access by contract or law, unless access is specifically prohibited by law or court order. Persons with access to or responsible for confidential or limited-access property or records shall fully cooperate with the auditor in determining a plan of action to provide and manage the property or records.
D. If, in the exclusive opinion of the auditor, access to persons, property and records is inconsistent with the language of this section or insufficient to meet the needs of the auditor to perform its duties, the auditor, with approval of the council by motion, may either issue a subpoena compelling access or require full disclosure under oath, or both.
E. In addition to the powers of the auditor set forth in this chapter, the auditor may seek regular or equitable relief to enjoin any acts or practices and abate any conditions which the auditor believes constitute or will constitute a violation of this code or other pertinent laws or regulations.
SECTION 5. Ordinance 473, Section 1, as amended, and K.C.C. 2.52.010 are hereby amended to read as follows:
((As used in)) The definitions in this section apply throughout this chapter((, the term:)) unless the context clearly requires otherwise.
A. "Abuse" means behavior that is deficient or improper compared with what a prudent person would consider reasonable and necessary given the circumstances, including payment of county-administered moneys that should not have been made, was made in the incorrect amount, or made with insufficient documentation resulting in a material breach of a contract or grant.
B. "Administrative agency" means any department, office or other governmental unit, or any employee of King County acting or purporting to act by reason of a connection with the county, and the Board of Equalization/Appeals; but "administrative agency" does not include:
1. Any court or judge or appurtenant judicial staff((,));
2. The members or staffs of the county council((,));
3. The executive or the executive’s personal staff((,)); or
4. The county prosecuting attorney or the prosecuting attorney's staff. ((For purposes of this chapter "administrative agency" shall specifially include the Board of Equalization/Appeals.))
((B.)) C. "Administrative act" includes every action ((()), such as decisions, omissions, recommendations, practices, or procedures(())), of an administrative agency. For purposes of this chapter, action of a contractor, or grantee related to a contract or grant with the county shall be considered an administrative act.
D. "Contract" means a mutually binding legal relationship that obligates a person, including a firm, corporation, or partnership or other entity, to provide tangible personal property, services, professional, or technical services or public work to the county, and that obligates the county to pay for such. For the purposes of this chapter, the term also includes “grant”, which means an agreement between the county and a grant recipient under which the county makes an award of county-administered moneys to a recipient to fund projects, services, or research that serve a public purpose and no repayment of the award is expected.
E. "Fraud" means the wrongful or criminal deception or misrepresentation intended to result in financial or personal gain. Fraud includes false representation of fact, making false statements, or by concealment of information.
F. "Waste" means the thoughtless or careless expenditure, mismanagement, or abuse of resources to the detriment, or potential detriment of the county. Waste also includes incurring unnecessary costs resulting from inefficient or ineffective practices, systems, or controls.
SECTION 6. Ordinance 473, Section 2, as amended, and K.C.C. 2.52.020 are hereby amended to read as follows:
A. In accordance with Section 260 of the King County Charter, the office of public complaints((/tax advisor)) is established ((and may also be referred to as the ombuds office)). The office shall consist of:
1. The ombuds division; and
2. The inspector general division.
B. The duties of the ombuds division shall include the following:
1. Inspection and investigation of alleged violations of the employee code of ethics under K.C.C. chapter 3.04;
2. Inspection and investigation of reports of improper governmental action and retaliation under K.C.C. chapter 3.42;
3. Inspection and investigation of possible violations of the lobbyist disclosure code under K.C.C. chapter 1.07; and
4. Serve as property tax advisor in accordance with RCW 84.48.140 and provide advice to any person liable for payment of property taxes in King County, including the process for appealing property tax assessments and other matters related to property taxes. The division shall routinely and at least annually publicize these services to the public.
C. The duties of the inspector general division shall include inspection and investigation of complaints of suspected fraud, waste, and abuse of county-administered moneys. The inspector general division may receive assistance from the auditor with investigations of suspected fraud, waste, or abuse of county-administered moneys.
D. An administrative agency should notify the inspector general division of complaints received of suspected fraud, waste, or abuse of county-administered moneys and should consult, coordinate or collaborate with the inspector general division on the administrative agency’s investigation of the complaint.
E. In carrying out the duties of the inspector general division, its director should adhere to applicable professional standards and best practices, such as the Quality Standards for Investigations (2025) promulgated by the Council for Inspectors General on Integrity and Efficiency.
SECTION 7. Ordinance 5869, Section 4, as amended, and K.C.C. 2.52.030 are hereby amended to read as follows:
A.1. Both the ombuds division director and the inspector general division ((The)) director of the ((ombuds)) office of public complaints shall be appointed by a majority of the members of the county council.
2. Each division director shall serve for a term of five years, unless removed by a vote of two-thirds of the members of the county council upon their determination that the director has become incapacitated or has been guilty of neglect of duty, misconduct, or political activity. The council may appoint an interim director pending the appointment of a new director whenever the term of the director has expired or the position otherwise becomes vacant.
B. Each division director shall be a registered voter of the United States, shall hold a degree from an accredited college or its equivalent in service to government, shall have a working knowledge of legal and administrative procedures, and shall have either experience or knowledge, or both, in local government commensurate to the powers of the office. During the term of which the director is appointed, the director shall be ineligible to hold any other public office of employment. The director shall not be a candidate for any public office for a period of two years following the completion of the director’s term as inspector general division director. The director shall not be included in the classified civil or career service of the county.
SECTION 8. Ordinance 473, Section 4, as amended, and K.C.C. 2.52.040 and Ordinance 473, Section 5, as amended, and K.C.C. 2.52.050 are hereby repealed.
SECTION 9. Ordinance 473, Section 8, as amended, and K.C.C. 2.52.080 are hereby amended to read as follows:
A. ((The director shall serve as property tax advisor for King County in accordance with RCW 84.48.140.))
((B.)) The ombuds and inspector general division directors may with concurrence of the council select, appoint and compensate, within the amount available or budgeted by appropriation, such assistants and employees as staff as ((the director)) they deem((s)) necessary to discharge the ((director's)) office's responsibilities under this chapter. The assistants and employees shall not be included in the classified civil or career service of the county.
((C))B. The ombuds and inspector general division directors each may delegate to staff any of the respective director’s authority or duties under this chapter except this power of delegation and the duty formally to make recommendations to administrative agencies or reports to either or both the executive and the council.
SECTION 10. Ordinance 473, Section 9, as amended, and K.C.C. 2.52.090 are hereby amended to read as follows:
The ombuds and inspector general division directors shall have the following powers to fulfill the duties of the respective divisions:
A. To investigate, on complaint or on the director’s own initiative, any administrative act of any administrative agency:
1. To prescribe the methods by which complaints are made, received and acted upon; to determine the scope and manner of investigations to be made; and, subject to the requirements of this chapter, to determine the form, frequency and distribution of the director’s conclusions and recommendations;
2. To request and be given by each administrative agency the assistance and information the director deems necessary for the discharge of the director’s responsibilities; to examine the records and documents of all administrative agencies, including contract or grant records and related documents; and to enter and inspect premises within administrative agencies' control;
3. To administer oaths and hold hearings in connection with any matter under inquiry;
4. To issue a subpoena to compel any person to appear, give sworn testimony or produce documentary or other evidence reasonable in scope and generally relevant to a matter under inquiry; however, the subpoena power shall be limited to matters under written complaints by a ((resident of the county)) member of the public; and
5. To undertake, participate in, or cooperate with general studies, inspections, investigations, or inquiries by others, including receiving assistance with investigations from the auditor, whether or not related to any particular administrative agency or any particular administrative act, if the director believes that the general studies, inspections, investigations, or enquiries might enhance knowledge about or lead to improvements in the functioning of administrative agencies;
((B. To investigate and enforce the provisions of the King County Code chapter about lobbyist disclosure, K.C.C. chapter 1.07, in accordance with the terms thereof;
C. To investigate and enforce the provisions of the code of ethics, K.C.C. chapter 3.04, in accordance with the terms thereof;
D. To investigate and enforce the provisions of the King County Code chapter about whistleblower protection, K.C.C. chapter 3.42, in accordance with the terms thereof; and
E. To provide advice to any person liable for payment of property taxes in King County, including the process for appealing property tax assessments and other matters related to property taxes.))
SECTION 11. Ordinance 473, Section 10, as amended, and K.C.C. 2.52.100 are hereby amended to read as follows:
A. In selecting matters for ((the)) a respective division director's attention, the director shall address an administrative act that might be:
1. Contrary to law, contract or grant requirement, or regulation;
2. Unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's functioning;
3. Arbitrary in ascertainment of facts;
4. Improper in motivation or based on irrelevant considerations;
5. Unclear or inadequately explained when reasons should have been revealed;
6. Inefficiently performed; or
7. Otherwise objectionable.
B. ((The)) A division director also may recommend strengthening procedures and practices of administrative agencies.
SECTION 12. Ordinance 473, Section 11, as amended, and K.C.C. 2.52.110 are hereby amended to read as follows:
A. ((The)) A division director shall receive complaints from any source concerning any administrative act. The respective division director shall conduct a suitable investigation into the subject matter of the complaint within a reasonable time, unless the director believes that:
1. The complainant has available another remedy or channel of complaint that the complainant could reasonably be expected to use;
2. The grievance pertains to a matter outside the power of the ((ombuds)) office of public complaints;
3. The complainant's interest is insufficiently related to the subject matter;
4. The complaint is trivial, frivolous, vexatious, or not made in good faith; or
5. The complaint has been too long delayed to justify present examination of its merit.
B. After completing the respective division director's consideration of a complaint, whether or not it has been investigated, the director shall suitably inform the complainant and the administrative agency or agencies involved. If a county contractor or grantee is involved, both the contractor or grantee and the administrative agency that manages the contract or grant shall be informed.
C. A letter ((to the ombuds director)) from a person in a place of detention or in a hospital or other institution under the control of an administrative agency addressed to the office of public complaints, or either of its divisions, shall be forwarded immediately, unopened, to the office of public complaints to then be distributed to the applicable division director.
D. A report of suspected fraud, waste, and abuse received through the King County central reporting system established under section 19 of this ordinance shall be investigated by the inspector general division in accordance with this chapter.
SECTION 13. Ordinance 473, Section 12, as amended, and K.C.C. 2.52.120 are hereby amended to read as follows:
A. Any individual who is the subject of a complaint shall have the right to present witnesses and other evidence on the individual’s own behalf prior to disclosure of any conclusions or recommendations by the respective division director.
B. Before publishing a conclusion or recommendation that criticizes an administrative agency or any person, the respective division director shall consult with the agency or person and shall disclose fully the critical findings the division director intends to publish. If a contractor or grantee is involved, both the contractor or grantee and the administrative agency that manages the associated contract or grant shall be consulted by the respective division director, who shall disclose fully the critical findings the division director intends to publish.
SECTION 14. Ordinance 473, Section 13, as amended, and K.C.C. 2.52.130 are hereby amended to read as follows:
A.1. ((If, h)) Having considered a complaint and whatever material the respective office of public complaints division director deems pertinent, the respective division director(( is of the opinion)) shall make findings regarding the validity of the complaint and any recommended actions that an administrative agency or executive should do, including:
((1.)) a. ((C))consider the matter further;
((2.)) b. ((M))modify or cancel an administrative act, including contract or grant suspension or debarment;
((3.)) c. ((A))alter a regulation or ruling;
((4.)) d. ((E))explain more fully the administrative act in question;
e. seek recovery of county-administered moneys from a contractor or grantee due to fraud, waste or abuse arising from an administrative act; or
((5.)) f. ((T))take any other recommended step,
2. The respective division director shall ((state)) provide the director’s written findings and recommendations to the administrative agency, executive, or both. If a contractor or grantee is involved, both the contractor or grantee and the administrative agency that manages the contract or grant shall be provided with the division director's findings and recommendations. If the division director ((so)) requests, the administrative agency or executive shall inform the division director, within the time the division director has specified, about the action taken on the division director's recommendations or the reasons for not complying with them.
B. If the division director believes that an administrative action has been dictated by laws ((whose)) the results of which are unfair or otherwise objectionable, the division director shall bring to the attention of the council the director's views concerning desirable legislative change.
SECTION 15. Ordinance 473, Section 14, as amended, and K.C.C. 2.52.140 are hereby amended to read as follows:
A. The division director may publish the director's conclusions, recommendations and suggestions by transmitting them to the county executive, the county council or ((to)) any appropriate committee of the council, the press, and others who may be concerned. When publishing an opinion criticizing an administrative agency or person, the division director, unless excused in writing by the agency or individual affected, shall include such statement or document that may have been made available to the director by way of explaining past conduct or present rejection of the director's proposals. The division director shall not publish any interim or confidential reports.
SECTION 16. Ordinance 473, Section 15, as amended, and K.C.C. 2.52.150 are hereby amended to read as follows:
A. In addition to whatever reports ((the director)) the office of public complaints may make from time to time, the ombuds division director shall report to the county council annually. The director shall electronically file the report by March 1 of each year((, in the form of a paper original and an electronic copy)) with the clerk of the council, who shall retain ((the original)) an electronic copy and provide an electronic copy to all councilmembers, the council chief of staff, and the executive. The director shall also transmit that portion of the report related to ethics complaints, as described in subsection C. of this section, annually by March 1 of each year, in the form of an electronic copy to the board of ethics administrator, who shall provide an electronic copy to all board members. The ombuds division annual report shall provide an overview of activities performed by the ombuds division during the prior calendar year, include((e))ing, but not be limited to:
((A. The exercise of the director's functions under this chapter during the preceding calendar year. In discussing matters with which the director has dealt, the director need not identify those immediately concerned if to do so would cause unnecessary hardship. Insofar as the report may criticize named agencies or persons, it must also include their replies to the criticism; and))
((B.)) 1. The status of the lobbyist disclosure program described in K.C.C. chapter 1.07 from the proceeding calendar year, including a summary of case outcomes of complaints alleging a violation of K.C.C. chapter 1.07 that are no longer eligible for appeal, resource issues, and any concerns and recommendations for program improvement raised by members of the public or county employees; ((and))
((C.)) 2. The status of the employee code of ethics program described in K.C.C. chapter 3.04 from the proceeding calendar year, including a summary of case outcomes of complaints alleging a violation of K.C.C. chapter 3.04 that are no longer eligible for appeal, resource issues, and any concerns and recommendations for program improvement raised by members of the public or county employees; and
((D.)) 3. The status of the whistleblower program described in K.C.C. chapter 3.42 from the preceding calendar year, including a summary of improper governmental action and retaliation claims processed during the reporting period, case outcomes of all claims investigated by the ombuds division, resource issues, any concerns raised by whistleblowers about the process, and any recommendations for program improvements. The ombuds division director is encouraged to seek feedback from participants in the whistleblower process when preparing the report.
B. In addition to reports from the office of public complaints, the inspector general division director of the office of public complaints shall report to the county council annually. The director shall electronically file the report by July 1 of each year with the clerk of the council, who shall retain an electronic copy and provide an electronic copy to all councilmembers, the council chief of staff and the executive. The inspector general division annual report shall provide an overview of activities performed by the inspector general division during the prior calendar year, including, but not be limited to:
1. An overview of inspections and investigations of suspected fraud, waste, and abuse of county-administered moneys, including a summary of case outcomes; and
2. The status of the King County fraud, waste, and abuse central reporting system established under section 19 of this ordinance, including any recommendations for reporting system improvement provided by members of the public or county employees.
SECTION 17. Ordinance 473, Section 16, as amended, and K.C.C. 2.52.160 are hereby amended to read as follows:
If ((the)) a division director of the office of public complaints has reason to believe that any public official, employee or other person has acted in a manner warranting criminal or disciplinary proceedings, the division director shall refer the matter to the appropriate authorities.
SECTION 18. Ordinance 473, Section 18, as amended, and K.C.C. 2.52.170 are hereby amended to read as follows:
A. A person required by ((the)) a division director of the office of public complaints to provide information shall be paid the same fees and allowances, in the same manner and under the same conditions, as are extended to witnesses whose attendance has been required in the courts of this state, excepting that city or county employees who are receiving compensation for the time that they are witnesses shall not be paid the set fees and allowances.
B. A person who, with or without service of compulsory process, provides oral or documentary information requested by ((the)) a division director of the office of public complaints shall be accorded the same privileges and immunities as are extended to witnesses in the courts of this state.
C. Any witness in a proceeding before the ((ombuds)) office of public complaints shall have the right to be represented by counsel.
D. If a person fails to obey a subpoena, or obeys a subpoena but refuses to testify when requested concerning any matter under examination or investigation at the hearing, the applicable division director of the office of public complaints may petition the superior court of King County for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, shall set forth in what specific manner the subpoena has not been complied with, and shall ask an order of the court to compel the witness to appear and testify before the ((ombuds)) office of public complaints. The court upon such petition shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and then and there to show cause why the witness has not responded to the subpoena or has refused to testify. A copy of the order shall be served upon the witness. If it appears to the court that the subpoena was properly issued and that the particular questions that the witness refuses to answer are reasonable and relevant, the court shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers and on failing to obey the order the witness shall be dealt with as for a contempt of court.
NEW SECTION. SECTION 19. There is hereby added to K.C.C. chapter 2.52 a new section to read as follows:
A. The King County fraud, waste, and abuse central reporting system, referred to in this section as "the hotline," is hereby established. The purpose of the hotline is to create a mechanism for county employees and the public to report suspected fraud, waste, and abuse of county-administered moneys by the county and its officers, employees, contractors and grantees.
B.1. The hotline shall be operated by the inspector general division of the office of public complaints. In addition to reports made by telephone to the hotline, reports may be made by other available methods, such as email or online submission form.
2. The inspector general division director of the office of public complaints shall establish hotline operational guidelines, policies, and procedures, such as hotline hours of operation, written procedures for logging reports received through the hotline and for converting a report from the hotline into a complaint. A copy of these guidelines, policies, and procedures shall be made accessible to the public on the office's webpage.
3. The inspector general division director of the office of public complaints shall prepare and publish a notice on the office's webpage that prominently displays the contact information for the hotline and explains, at a minimum, the purpose of the hotline.
C. In accordance with K.C.C. 2.52.100 and K.C.C. 2.52.110, the inspector general division director is empowered to investigate complaints of suspected waste, and abuse of county-administered moneys received through the hotline.
D. The inspector shall explore the creation of a reward program for hotline reporters if the information provided leads to a substantiated finding by the inspector general division of fraud, waste, or abuse of county-administered moneys. The rewards would be subject to available expenditure authority and the written guidelines, policies, and procedures established under subsection B.2. of this section.
NEW SECTION. SECTION 20. There is hereby added to K.C.C. chapter 2.52 a new section to read as follows:
To the extent allowed by law, investigations by the inspector general division of the office of public complaints shall remain confidential unless either the complainant waives confidentiality in writing or until the inspector general division director makes a finding that fraud, waste, or abuse have occurred. If an investigation identifies an occurrence of fraud, waste, or abuse, any resulting determination and recommendations shall remain confidential until the investigation is complete. Additionally, if the complainant chooses to anonymously contact or otherwise report to the office of public complaints of suspected fraud, waste, or abuse of county-administered moneys, then to the fullest extent permitted by law, the office of public complaints will honor that choice.
SECTION 21. Ordinance 12138, Section 22, as amended, and K.C.C. 2.93.020 are hereby amended to read as follows:
The manager is hereby authorized to take all actions necessary and appropriate to implement the policies and provisions in this chapter, and to promulgate such rules, regulations and guidelines as the manager deems necessary to carry out the purposes or provisions of this chapter. In exercising this authority, the manager shall consult with the inspector general division of the office of public complaints and shall develop rules, regulations and guidelines, including provisions in solicitation documents, contracts, or both, to ensure that the contracts listed in K.C.C 2.93.120 require the contractor to cooperate with the inspector general division in any investigation under K.C.C. chapter 2.52 into allegations of waste, fraud, and abuse arising out of the contact. The rules, regulations and guidelines shall be promulgated in compliance with K.C.C. chapter 2.98, and as appropriate in county solicitation documents and contracts.
SECTION 22. Ordinance 12138, Section 6, as amended, and K.C.C. 2.93.030 are hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Abuse" means behavior that is deficient or improper compared with what a prudent person would consider reasonable and necessary given the circumstances, including payment of county-administered moneys that should not have been made, was made in the incorrect amount, or made with insufficient documentation resulting in a material breach of a contract.
B. "Bid" or "proposal" means an offer to provide tangible personal property, services, technical or professional services, and public work in response to a solicitation for bids or proposals issued by the county.
((B.)) C. "Bidder((,))" or "proposer" means a person, firm, partnership, or corporation that formally submits a bid, proposal or offer to provide tangible personal property, services, professional or technical services and public work to the county in response to a solicitation for bids or proposals or request for qualifications issued by the county.
((C.)) D. "Collusion” means a willful act to defraud others of their rights or to obtain an unfair advantage in a public contracting process.
((D.)) E. "Contract" means a mutually binding legal relationship ((or any modification thereof obligating)) that obligates a person, including a firm, corporation, or partnership or other entity, to provide tangible personal property, services, professional, or technical services or public work to the county, and that obligates the county to pay ((there))for such.
((E.)) F. "Day" means a calendar day.
((F.)) G. "Fraud" means the wrongful or criminal deception or misrepresentation intended to result in financial or personal gain. Fraud includes false representation of fact, making false statements, or by concealment of information.
H. "Incremental project cost” means the additional cost, if any, in design, procurement, construction and long-term maintenance, for achieving a reduction in energy usage or greenhouse gas emissions greater than the reduction that would be achieved under the applicable building code requirements.
((G.)) I. "Manager" means the manager of the finance and business operations division.
((H.)) J. "Professional services" means those services provided by licensed or certified individuals or consulting firms associated with either the development, design, or construction, or any combination thereof, of a public works or real property project.
((I.)) K. "Public work" means all work, construction, alteration, enlargement, repair, demolition or improvement, other than ordinary maintenance, executed at the cost of the county or that is by law a lien or charge on any property therein.
((J.)) L. "Sealed bid” means a method for submitting a bid to provide or perform work on a contract. In general, each interested party submits a bid in a sealed envelope or electronically as specified, and all of the bids are opened at the same time.
((K.)) M. "Services," except for professional services or technical services, means the furnishing of labor, time or effort by a contractor, not involving the delivery of tangible personal property, such as reports that are merely incidental to the required performance.
((L.)) N. "Tangible personal property" means equipment, supplies, materials, and goods, and includes intangible personal property that is movable, subject to ownership, and has exchange value.
((M.)) O. "Technical services" means those services provided by independent contractors within the scope of accounting, law, financial or administrative studies, studies of a technical nature, management advisory services, and special project management, for a defined time or result or other practice that requires either specialized knowledge, advanced education or licensing, or certification, or any combination thereof, and where the primary service provided is intellectual involving the consistent exercise of judgment and discretion or the provision of specialized skills.
((N.)) P. "Waiver" means a process whereby the procurement and contract services section may procure without formal solicitation procedures because of the uniqueness of circumstances related to that procurement action.
Q. "Waste" means thoughtless or careless expenditure, mismanagement, or abuse of resources to the detriment, or potential detriment of the county. Waste also includes incurring unnecessary costs resulting from inefficient or ineffective practices, systems, or controls.
SECTION 23. Ordinance 12138, Section 13, as amended, and K.C.C. 2.93.130 are hereby amended to read as follows:
Regardless of whether bids or proposals have been solicited by the county for the purchase of tangible personal property or the performance of a service or services, the manager shall report to the executive any suspected collusion. The executive may order the suspected collusion to be reported to the appropriate authorities, including the office of public complaints. If the suspected collusion appears to violate federal antitrust laws, then the executive may order the suspected collusion reported to the appropriate federal authorities charged with enforcement.
SECTION 24. Ordinance 12138, Section 18, as amended, and K.C.C. 2.93.170 are hereby amended to read as follows:
The executive shall comply with the following procedures in contract debarment and suspension actions:
A. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the executive shall have authority to debar a person, firm, or other legal entity for cause from consideration for award of contracts with the county. The debarment shall be for not more than two years;
B. The executive shall have the authority to suspend a person, firm, or other legal entity from consideration for award of contracts if there is probable cause for debarment. The suspension shall be for not more than six months;
C. The authority to debar or suspend shall be exercised by procedures established by the executive in accordance with this chapter;
D. The executive shall suspend or debar a person, firm, or other legal entity for:
1. Conviction within the five years preceding commencement of the debarment or suspension for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract;
2. Conviction within the five years preceding commencement of the debarment or suspension under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a contractor to the county;
3. Conviction within the five years preceding commencement of the debarment or suspension under state or federal antitrust statutes arising out of the submission of bids or proposals; or
4. Violation of state wage payment laws, including:
a. willful violation of a wage payment requirement, as defined in RCW 49.48.082, where the citation and notice of assessment for the violation was issued within the five years preceding commencement of the debarment or suspension; or
b. civil judgments entered by a court against the person, firm or other legal entity for violations of wage payment requirements under state law within the five years preceding commencement of the debarment or suspension;
E. The executive should suspend or debar a person, firm or other legal entity for:
1. Violation of ethical standards set forth in contracts with the county;
2. Violation of contract provisions, such as the following, of a character that is regarded by the executive to be so serious as to justify debarment action:
a. deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract;
b. substantial failure to comply with commitments to and contractual requirements for participation by minority and women's business enterprises and equal employment opportunity; ((or))
c. a finding of fraud, waste, or abuse of county-administered moneys; or
d. a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, though failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or
3. Any other cause that the executive determines to be so serious and compelling as to affect responsibility as a contractor to the county, including debarment by another governmental entity for any cause similar to those in this subsection E;
F. The executive shall issue a written decision stating the reasons for the debarment or suspension. The decision shall be promptly mailed or otherwise furnished to the debarred or suspended person and any other party intervening;
G. The executive's decision of debarment or suspension, unless fraudulent, shall constitute the final and conclusive decision on behalf of the county. After a final decision has been made, the executive shall submit a report to the council giving the name of the person, firm or other legal entity suspended or debarred and the reason or reasons for the suspension or debarment. The report shall be filed in the form of a paper original and an electronic copy with the clerk of the council, who shall forward an electronic copy to each councilmember; and
H. Notwithstanding subsection D. or E. of this section, the executive has the authority to not suspend or debar a person, firm or legal entity if the executive determines significant harm would accrue to the county by suspension or debarment of the person, firm or other legal entity or that mitigating circumstances do not warrant debarment or suspension, and notifies the council within thirty days of the executive's determination.
NEW SECTION. SECTION 25. There is hereby added to K.C.C. chapter 2.93 a new section to read as follows:
The auditor and the office of public complaints shall, upon request, have access to contracts entered into by the county. Contracts shall include language requiring contractors be subject to inspection, investigation, and audit upon notification by the auditor or respective division director of the office of public complaints or other applicable county employee for compliance with the terms of the contract.
SECTION 26. Ordinance 9704, Section 1, as amended, and K.C.C. 3.04.015 are hereby amended to read as follows:
A. It is the policy of King County that the private conduct and financial dealings of public officials and employees and of candidates for public office shall present no actual or apparent conflict of interest between the public trust and private interest.
B. Public confidence in government is essential and must be sustained by establishing and enforcing rules to ensure the impartiality and honesty of officials and employees in all public transactions and decisions. Each affected agency of county government should inform its employees of the provisions of this chapter and strive to effectively enforce its requirements by seeking appropriate assistance from the ((ombuds)) office of public complaints, the board of ethics and the prosecuting attorney when considering and acting upon allegations of misconduct.
C. Former county employees should engage in transactions with the county consistent with the highest level of ethical conduct. It is essential that former county employees and the county maintain public confidence and ensure fair dealings with all persons by the county. A former county employee should not act, or appear to act, in such a manner as to take improper advantage of the former county employee's previous office or position with the county. A former county employee should not request or otherwise seek special consideration, treatment, or advantage beyond that which is available to every other person. A former county employee should avoid circumstances in which it appears, or to a reasonable person might appear, that the former county employee is requesting or otherwise seeking special consideration, treatment, or advantage.
SECTION 27. Ordinance 12014, Section 3, as amended, and K.C.C. 3.04.030 are hereby amended to read as follows:
A. No county employee shall engage in any act that is in conflict with the performance of official duties.
B. A county employee shall be deemed to have a conflict of interest if the employee directly or indirectly:
1. Receives or has any financial interest in any purchase, sale, or lease to or by the county of any service or property when the financial interest was received or obtained with the prior knowledge that the county intended to purchase, sell, or lease such property or service;
2. Is beneficially interested or has a substantial financial interest in, or accepts any compensation, gift or thing of value from any other person beneficially interested in, any contract, sale, lease, option, or purchase that may be made by, through, or under the supervision of the employee, in whole or in part;
3. Accepts or seeks for others, any employment, travel expense, service, information, compensation, gift, or thing of value on more favorable terms than those granted to other county employees or the public generally, from any person doing business, or seeking to do business, with the county for which the employee has responsibility or with regard to which the employee may participate, provided that this subsection B.3.shall not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of the county when given in connection with meetings with constituents or meetings that are informational or ceremonial in nature;
4. Accepts, any favor, loan, retainer, entertainment, travel expense, compensation, gift, or other thing of value from any person doing business or seeking to do business with the county when such an acceptance may conflict with the performance of the employee's official duties. A conflict shall be deemed to exist where a reasonable and prudent individual would believe that it was given for the purpose of obtaining special consideration or to influence county action. The financing of county election campaigns shall continue to be governed by chapter 42.17A RCW and the provisions of the charter and ordinances implementing it;
5. Participates in, influences, or attempts to influence, the selection of, or the conduct of business or a transaction with a person doing or seeking to do business with the county if the employee has a substantial financial interest in or with ((said)) the person;
6. Discusses or accepts an offer of future employment with any person doing or seeking to do business with the county if either:
a. the employee knows or has reason to believe that the offer of employment was or is intended, in whole or in part, as compensation or reward for the performance or nonperformance of a duty by the employee during the course of county employment or to influence county action pertaining to the business; or
b. the employee has responsibility for a matter upon which the person is doing or seeking to do business with the county, unless the employee has given notice in accordance with K.C.C. 3.04.037 and a method of providing for an alternative decision maker for the matter has been designated by the employee's appointing authority in a memorandum filed with the board of ethics, a copy of which is maintained by the appointing authority;
7. Within one year of entering county employment:
a. participates in a county action benefiting a person that formerly employed the employee, except that participation may be authorized in a memorandum by the appointing authority following written disclosure by the affected employee and the authorization shall be filed with the board of ethics and a copy maintained by the appointing authority; or
b. awards a county contract benefiting a person that formerly employed the employee;
8. Is an employee, agent, officer, partner, director, or consultant, of any person doing or seeking to do business with the county, unless such relationship has been disclosed as provided by this chapter;
9. Engages in or accepts compensation, employment or renders services for any person or a governmental entity other than the county when such employment or service is incompatible with the proper discharge of official duties or would impair independence of judgment or action in the performance of official duties;
10. Enters into a business relationship outside county government:
a. with any other employee for whom the employee has any supervisory responsibility; or
b. with any person with regard to a matter for which the employee has responsibility as a county employee;
11. Possesses a substantial financial interest in any person which does or seeks to do business with the county, without disclosing such interest as provided by this chapter;
12. As an appointive member of a board or commission, has a close relative serving on the same board or commission; or
13. Acts as an accomplice in any act by an immediate family member which, if the act were performed by the employee, would be prohibited by this subsection. However, it shall not be a conflict of interest for the family member to enter into a bona fide contract of employment that is not intended to influence the action of the county employee.
C.1. The following employees must obtain the prior written consent of their highest ranking supervisor authorizing new or continued employment outside King County government, or authorizing the acceptance of any compensation or anything of value for services performed outside King County government:
a. the county administrative officer, the chief officer of each executive department or administrative office as defined by the charter, the manager of each division of the department or office, and all individuals who report directly to them;
b. all nonelected council employees, except that the personal staff of each individual councilmember shall obtain the consent from the councilmember;
c. all nonelected employees of the prosecuting attorney;
d all nonelected employees of the department of judicial administration;
e. all nonelected employees of the department of assessments; and
f. the chief economist of the office of economic and financial analysis.
2. If the employment or service is deemed by the highest-ranking supervisor to pose a conflict of interest, the employee immediately shall divest the employment and failure to do so shall be grounds for dismissal.
D. A county employee shall be deemed to have a conflict of interest if the employee appears on behalf of a person before any regulatory governmental agency, or represents a person in any action or proceeding against the interest of the county in any litigation to which the county is a party, unless the employee has a personal interest in the litigation and this personal interest has been disclosed to the regulatory governmental agency or adjudicating individual or body. A county councilmember may appear before regulatory governmental agencies on behalf of constituents in the course of the councilmember's duties as a representative of the electorate or in the performance of public or civic obligations; however, no official or employee shall accept a retainer or compensation, or any gift or thing of value that is contingent upon a specific action by a county agency.
E.1. A county councilmember shall be deemed to have a conflict of interest if the councilmember, directly or indirectly, has a substantial financial or other private interest in any legislation or other matter coming before the council, and fails to disclose the interest on the records of the county council. This subsection shall not apply if the county councilmember is excused from voting by stating the nature and extent of such an interest.
2. Any other employee who is not a county councilmember, who, directly or indirectly, has a substantial financial or other private interest in, and who participates in, an action or proposed action of the county council and fails to disclose on the records of the county council the nature and extent of the interest, shall be deemed in violation of this chapter.
F.1. A county employee shall be deemed to have a conflict of interest if the employee, directly or indirectly, has an interest in any property being considered for revaluation by the county board of appeals and equalization or has a personal interest or connection with another person's petition for revaluation while the employee is:
a. an elected county official;
b. the executive's administrative assistant or office manager;
c. a county councilmember's executive secretary;
d. the county administrative officer, the county administrative officer's administrative assistants, or the county administrative officer's confidential secretary;
e. the chief officer of an executive department, the chief officer's administrative assistant, or the chief officer's confidential secretary;
f. the chief officer of an administrative office, the chief officer's administrative assistants, or the chief officer's confidential secretary;
g. the council administrator, the council administrator's administrative assistant, or the council administrator's secretary;
h. the ((ombuds or the ombuds's staff)) office of public complaints;
i. an employee of the department of assessments;
j. an employee assigned to either the board of equalization or the board of appeals, or both;
k. any other county employee who has direct contact with the board of appeals and equalization in the carrying out of the employee's duties;
l. a member of either the county board of appeals or the board of equalization, or both; or
m. The clerk of the council or the clerk's secretary.
2. All individuals listed in this subsection who wish to appeal to the county board of equalization on a matter of property revaluation shall be governed by the procedure in K.C.C. 3.04.040.
SECTION 28. Ordinance 9704, Section 9, as amended, and K.C.C. 3.04.055 are hereby amended to read as follows:
A. It shall be the responsibility of the ((ombuds)) office of public complaints to investigate and report apparent criminal violations of this chapter to the appropriate law enforcement authorities and to enforce this chapter according to the powers granted in this chapter. The ((ombuds)) office of public complaints is expressly authorized to serve as an enforcement officer for this chapter and to impose the civil penalties authorized in K.C.C. 3.04.060.
B.1. Complaints alleging a violation of this chapter shall be filed with the ((ombuds)) office of public complaints. If the complaint alleges fraud, waste, or abuse involving county-administered moneys as the basis of the violation of this chapter, then the complaint shall be investigated by the inspector general division. All other complaints shall be investigated under this chapter by the ombuds division. For purposes of this subsection B. and subsections C. through I. of this section, "the office of public complaints" means the respective division conducting the investigation under this section.
2. The complaint shall describe the basis for the complainant's belief that this chapter has been violated. Any such a complaint shall be in writing, signed by the complainant with location of signing, dated, and declared to be true and correct to the best of the complainant's knowledge under penalty of perjury of the laws of the state of Washington. The complainant may state in writing whether the complainant wishes the complainant's name not to be disclosed in accordance with RCW 42.56.240(2).
3. Any complaint filed under this chapter must be filed within five years from the date of the violation. However, if it is shown that the violation was not discovered because of concealment by the person charged, then the complaint must be filed within two years from the date the violation was discovered or reasonably should have been discovered.
C. Upon receipt of a complaint meeting the requirements of subsection B. of this section, and upon a determination that the alleged conduct could constitute a violation of this chapter, the ((ombuds)) office of public complaints shall cause to be served or mailed, by certified mail, return receipt requested, a copy of the complaint to the person alleged to have violated this chapter within twenty days after the filing of the complaint, and shall promptly make an investigation thereof. If the ((ombuds)) office of public complaints determines that the complaint does not meet the requirements of subsection B. or C. of this section, the ((ombuds)) office of public complaints shall inform the complainant in writing of that determination and the reason.
D. An investigation by the ((ombuds)) office of public complaints of a complaint under this chapter shall be directed to ascertain the facts concerning the alleged violation or violations of this chapter and shall be conducted in an objective and impartial manner. In furtherance of the investigation of the complaint, the ((ombuds)) office of public complaints is authorized to use the subpoena power to compel sworn testimony from any person, and to require the production of any records relevant or material to the investigation except information that is legally privileged or otherwise required by law not to be disclosed.
E. During the investigation, the ((ombuds)) office of public complaints shall consider any statement of position or evidence with respect to the allegations of the complaint that the complainant or respondent wishes to submit.
F. The results of the investigation shall be reduced to written findings of fact and the finding shall be made that there either is or is not reasonable cause for believing that the respondent has violated this chapter.
G. If a finding is made that there is no reasonable cause, the finding shall be served or mailed, by certified mail, return receipt requested, to the complainant and the respondent, and a copy shall be provided to the board of ethics.
H.1.a. If the finding is made that reasonable cause exists to believe that the respondent has violated this chapter, the ((ombuds)) office of public complaints shall prepare an order to that effect, a copy of which shall be served or mailed, by certified mail, return receipt requested, to the respondent, and the original thereof filed with the board of ethics. The ((ombuds)) office of public complaints shall provide a copy of the order to the prosecuting attorney's office. Such a reasonable cause order shall include:
(1) a finding that one or more violations of the chapter has occurred;
(2) the factual basis for the finding;
(3) any civil penalties; and
(4) a notice informing the respondent that the respondent has the right to request a hearing before the board of ethics as set forth in K.C.C. 3.04.057.
b. A reasonable cause order may also include any recommendations for disciplinary action to the respondent's appointing authority.
2. In determining civil penalties, the ((ombuds)) office of public complaints may consider any notification made by the employee under K.C.C. 3.04.037 as a mitigating factor.
3. If the respondent does not request an appeal hearing in a timely manner under K.C.C. 3.04.057, the ((ombuds)) office of public complaints shall provide a copy of the reasonable cause order to the complainant and the respondent's appointing authority.
I.1. At any stage in the investigation, the respondent may agree to an early resolution agreement in lieu of a finding of reasonable cause by the ((ombuds)) office of public complaints.
2. An early resolution agreement may not be appealed.
3. The agreement shall be in writing and signed by the ((ombuds)) office of public complaints and the respondent.
4. The respondent shall acknowledge in the agreement that an ethical violation has occurred and that the agreement may not be appealed. The respondent may include a statement explaining circumstances surrounding the ethical violation.
5. The agreement shall identify the violations of the chapter that occurred, the factual basis for the violation, and any civil penalties, and may include any recommendations for disciplinary action to the respondent's appointing authority.
6. The agreement shall detail appropriate reporting and compliance requirements that shall be monitored by and reported to the ((ombuds)) office of public complaints. It shall also include a timeline for such reporting and compliance requirements.
7. The agreement shall state that the signed agreement is not effective unless approved by the board of ethics and that the board may require the respondent to attend a board hearing at which the respondent shall be required to respond to inquiries from the board regarding the agreement and the circumstances giving rise to the agreement.
8.a. The early resolution agreement is not effective unless approved by the board of ethics.
b. Within seven days of the ((ombuds)) office of public complaints and respondent signing the agreement, the ((ombuds)) office of public complaints shall file with the board the signed agreement and a report of all material facts the ((ombuds)) office of public complaints considered material in reaching their decision to enter the early resolution agreement.
c. Upon an individual member of the board's request to the ((ombuds)) office of public complaints, the member shall have the ability to review either the complete ((ombuds)) office of public complaints investigative file or those documents supporting the specific material facts considered by the ((ombuds)) office of public complaints, or both.
d. Before taking action on the agreement, and unless otherwise by action of the board, the board shall require either the respondent or the ((ombuds)) office of public complaints, or both, to attend a hearing to respond to inquiries regarding the agreement and circumstances giving rise to the agreement. The hearing shall be conducted within a reasonable time after the board receives the signed agreement and related materials. Written notice of the time and place of the hearing shall be given to the respondent and ((ombuds)) office of public complaints at least ten days prior to the hearing date.
e. After a sufficient period for the board to consider the agreement, but no later than ninety days after the board receives the signed agreement and related materials, the board shall take one of the following actions:
(1) approve the agreement. The board shall send a copy of the approved early resolution agreement to the ((ombuds)) office of public complaints, who shall forward a copy to the respondent, the respondent's appointing authority, to the prosecuting attorney's office, and to the complainant;
(2) reject the agreement. If the early resolution agreement is rejected by the board, the ((ombuds)) office of public complaints shall complete the investigation in accordance with the provisions of this chapter; or
(3) refer the agreement back to the ((ombuds)) office of public complaints. The board may direct that the agreement be revised and refer the agreement back to the ((ombuds)) office of public complaints. The board should identify the revisions to be made to the agreement before the board will consider approving the agreement. In the event either the ((ombuds)) office of public complaints or respondent choose not to amend the agreement, the ((ombuds)) office of public complaints shall complete the investigation in accordance with the provisions of this chapter. Any revised agreement must be resubmitted to the board for action in accordance with this subsection I.8.
f. After taking final action on an agreement, the board may choose to advise the ((ombuds)) office of public complaints in writing of its determination that administrative acts by an administrative agency contributed to the respondent's violation of this chapter and request the ((ombuds)) office of public complaints to consider exercising its authority under K.C.C. 2.52.090 to investigate such administrative acts by the administrative agency. The board may also choose to report its determination that improper governmental actions contributed to the respondent's violation of this chapter and request the appropriate investigating official, under K.C.C. 3.42.030.D., who is not the ((ombuds)) office of public complaints exercise its authority under K.C.C. 3.42.055 to investigate the report.
g. If the board fails to take action as set forth in this subsection I.8., the early resolution agreement shall be effective.
9. The ((ombuds)) office of public complaints shall monitor the respondent's compliance to the early resolution agreement and the appointing authority's action in response to any disciplinary recommendations in the agreement. The ((ombuds)) office of public complaints shall submit a report to the board of ethics within thirty days after the reporting and compliance deadline set forth in the agreement that details the respondent's compliance to the agreement and the appointing authority's response to disciplinary recommendations.
SECTION 29. Ordinance 9704, Section 10, as amended, and K.C.C. 3.04.057 are hereby amended to read as follows:
A. Any respondent who disagrees with an order of reasonable cause ((of the ombuds)) issued by a division within office of public complaints may file a written request, within twenty days of the service of the order upon the respondent or delivery of the order by certified mail, for an appeal hearing before the board of ethics. The request shall be filed with the board of ethics, with a copy provided to the ((ombuds)) division of the office of public complaints that issued the order. The request shall cite the order appealed from and specify with particularity the findings being contested.
B. Any order of reasonable cause issued by ((the ombuds)) a division within office of public complaints pursuant to K.C.C. 3.04.055 shall become final twenty days after service of the order or delivery of the order by certified mail, unless a timely written request for an appeal hearing is filed as set forth ((above)) in subsection A. of this section.
C. If an order of reasonable cause has been timely appealed, a hearing shall be conducted by the board of ethics for the purpose of affirming, reversing or modifying the order. The parties to the hearing shall be the respondent and the ((ombuds or designee)) division within the office of public complaints that issued the order of reasonable cause. There shall be a verbatim record kept of the hearing and the board of ethics shall have the power to administer oaths and affirmations, issue subpoenas and compel attendance, take evidence and require the production of any books, papers, correspondence, memoranda or other records relevant or material to the hearing. The burden of proving that a violation occurred shall at all times be upon the ((ombuds)) division. The board of ethics's decision shall be based upon a preponderance of the evidence. Such a hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given to the parties at least ten days prior to the hearing date.
D. At the hearing, each party shall have the following rights:
1. To call and examine witnesses on any matter relevant to the issues raised by the order of ((the ombuds or designee)) reasonable cause;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any relevant matter;
4. To impeach any witness regardless of which party first called the witness to testify;
5. To rebut evidence against the party; and
6. To self-represent or to be represented by anyone of the party's choice who is lawfully permitted to do so.
E. Following review of the evidence submitted, the board shall within a reasonable time enter written findings and conclusions and shall affirm or modify the order previously issued if the board finds that one or more violations of this chapter ((has)) have occurred. The board shall reverse the order if it finds no violations of this chapter have occurred. A copy of the board's decision shall be served or mailed, by certified mail, return receipt requested, to the respondent, and the original thereof retained by the board. The board shall provide a copy of its decision to the ((ombuds)) respective division within office of public complaints, the respondent's appointing authority, the prosecuting attorney's office and the complainant.
SECTION 30. Ordinance 1321, Section 4, as amended, and K.C.C. 3.04.100 are hereby amended to read as follows:
In addition to its other authorities set forth in this chapter, whenever requested by a county officer or employee, or whenever it deems it in the public interest, the board of ethics shall render advisory opinions, in writing, concerning questions of ethics, conflicts of interest, and the applicability of the code of ethics. Copies of the opinion shall be delivered to any officer or employee requesting the opinion, the ((ombuds)) office of public complaints, the county executive, and all members of the King County council.
SECTION 31. Ordinance 9704, Section 13, as amended, and K.C.C. 3.04.130 are hereby amended to read as follows:
The ((ombuds)) office of public complaints and the board of ethics are each authorized to implement such forms, administrative processes, and operational procedures as are necessary to comply with the provisions of this chapter. Any rules governing the conduct of contested hearings shall be promulgated in compliance with K.C.C. chapter 2.98, Rules of County Agencies.
The executive is directed to prepare, with the assistance of council staff, the office of the prosecuting attorney, the ((ombuds)) office of public complaints and the board of ethics, information regarding the provisions of this chapter to be made available to employees and members of boards and commissions. The availability of these materials and of copies of this chapter shall be described in a summary form, which shall be distributed to all new county employees, who shall sign and return the form within two weeks of commencing work for King County or at the new employee orientation, whichever is sooner. A summary of the ethics code shall also be distributed to all county employees at least once every two years, and any time there are material changes to this chapter.
SECTION 32. Ordinance 11687, Section 2, as amended, and K.C.C. 3.42.020 are hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Appropriate investigating official" means an investigating official acting within the investigating official's respective jurisdiction as identified in K.C.C. 3.42.030.D. or any assistant or representative authorized to receive documents on the investigating official's behalf, except that for the department of public safety, the only appropriate investigating official shall be the internal investigations unit or any assistant or representative authorized to receive documents on its behalf.
B. "Employee" or "county employee" means any individual who is appointed as an employee by the appointing authority of a county agency, office, department, council, board, commission or other separate unit or division of county government, however designated. The term "employee" or "county employee" also includes county elected officials and members of county boards, commissions, committees, or other multimember bodies.
C. "Good faith" means the individual providing the information or report of improper governmental action has a reasonable basis in fact for reporting or providing the information. An individual who knowingly provides or reports, or who reasonably ought to know that the information or report is malicious, false or frivolous, or information that is provided with reckless disregard for the truth, is not acting in good faith.
D. "Gross mismanagement" means the exercise of management responsibilities in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.
E. (("Gross waste of public funds" means to spend or use public funds or to allow public funds to be used without valuable result in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.))
F.))1. "Improper governmental action" means any action by a county officer or employee that is undertaken in the performance of the officer's or employee's official duties, whether or not the action is within the scope of employment, and:
a. violates any state or federal law or rule or county ordinance or rule;
b. constitutes an abuse of authority;
c. is gross mismanagement;
d. creates a substantial and specific danger to the public health or safety;
e. results in a ((gross)) waste of public ((funds)) moneys;
f. results in abuse of public moneys;
g. results in fraud; or
((f)) h. prevents the dissemination of scientific opinion or alters technical findings without scientifically valid justification, unless disclosure is legally prohibited. This subsection ((G.))E.1.((f)) h. is not meant to preclude the discretion of agency management to adopt a particular scientific opinion or technical finding from among differing opinions or technical findings to the exclusion of other scientific opinions or technical findings.
2. "Improper governmental action" does not include violations of antidiscrimination laws, violations of collective bargaining or civil service laws, or alleged violations of agreements with labor organizations under collective bargaining. A properly authorized county program or activity does not become an "improper governmental action" because an employee or investigating official dissents from the county policy or considers the expenditures unwise.
((G.)) F. "Investigating official" means any individual to whom a report may be made pursuant to K.C.C. 3.42.030.D. or any assistant or representative authorized to receive documents on the investigating official's behalf.
((H.)) G. "Retaliate," "retaliation" and "retaliatory action," means to make any unwarranted adverse change in an employee's employment status or the terms and conditions of employment including, but not limited to:
1. Denial of adequate staff to perform duties;
2. Frequent staff changes;
3. Frequent and undesirable office changes;
4. Refusal to assign meaningful work;
5. Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;
6. Demotion;
7. Reduction in pay;
8. Denial of promotion;
9. Denial of training or benefits;
10. Transfer or reassignment;
11. Suspension or dismissal;
12. Other unwarranted disciplinary action;
13. A supervisor or senior manager or official behaving in or encouraging coworkers to behave in a hostile manner toward the employee, or failing to take appropriate action to prevent coworkers from behaving in a hostile manner toward the employee.
((I.)) H. "Substantial and specific danger" means a risk of serious injury, illness, peril, or loss, to which the exposure of the public is a gross deviation from the standard of care or competence which a reasonable person would observe in the same situation.
I. "Waste" means the thoughtless or careless expenditure, mismanagement, or abuse of resources to the detriment, or potential detriment of the county. Waste also includes incurring unnecessary costs resulting from inefficient or ineffective practices, systems, or controls.
J. "Written report of improper governmental action" means any writing that alleges that an improper governmental action has occurred and describes the basis for that belief.
SECTION 33. Ordinance 11687, Section 4, as amended, and K.C.C. 3.42.030 are hereby amended to read as follows:
A. Every county employee shall have the right to report, in good faith in accordance with Ordinance 11687, information concerning an improper governmental action.
B. In reporting improper governmental action, the employee is encouraged, but not required, to make a written report first to any investigating official as defined by K.C.C. 3.42.020.G; the employee is encouraged to consult with the office of the ((ombuds)) public complaints in order to determine to whom a written report should be made.
C.1. This section does not authorize a county employee to report information that is subject to an applicable privilege against disclosure at law (e.g., RCW 5.60.060 privileged communications) unless waived, or to make disclosure where prohibited at law.
2. An employee making a written report under this subsection is encouraged to wait at least thirty days from receipt of the written report by the investigating official before reporting the improper governmental action to a person who is not an investigating official. However, reporting to a person who is not an investigating official before this thirty-day period will not result in the loss of the protections in this chapter.
3. An employee's reporting of the employee's own improper action does not grant the employee immunity from discipline or termination insofar as the employee's improper action would be cause for discipline.
D. For purposes of this chapter, the person to whom a written report should be made is as follows:
1. Reporting sexual harassment to the employee's supervisor, department head or other government official as set out in the county's adopted procedure for reporting sexual harassment complaints;
2. Reporting violations of the fair employment practices ordinance, which is K.C.C. chapter 12.18, to the executive or the executive's designee;
3. Reporting police misconduct to the department of public safety's internal investigation unit or to the office of law enforcement oversight;
4. Reporting violations of the Code of Judicial Conduct to the Washington state Commission on Judicial Conduct;
5. Reporting improper governmental action occurring within the district court to the presiding judge of the district court;
6. Reporting improper governmental action occurring within the legislative branch to the chair of the council or to the prosecutor;
7. Reporting improper governmental action occurring within the executive branch to the executive or to the department director of the executive agency in which the alleged improper governmental action occurred or to the ((ombuds)) office of public complaints;
8. Reporting improper governmental action occurring within the department of judicial administration to the director/clerk of the superior court or to the ((ombuds)) office of public complaints;
9. Reporting improper governmental action occurring within the department of assessments to the assessor or to the ((ombuds)) office of public complaints;
10. Reporting improper governmental action occurring within the department of elections to the director of elections or to the ((ombuds)) office of public complaints;
11. Reporting improper governmental action occurring within the superior court to the presiding judge of the superior court;
12. Reporting violations of criminal laws to the sheriff or the county prosecuting attorney;
13. Reporting improper governmental action of the county prosecuting attorney to the state auditor or the attorney general;
14. Reporting improper governmental action occurring within the office of economic and financial analysis to any member of the forecast council or to the ((ombuds)) office of public complaints;
15. Reporting violations of K.C.C. chapter 3.04, the Employee Code of Ethics, to the ((ombuds)) office of public complaints; and
16. Reporting any improper governmental action for which no other appropriate recipient of a report is listed in subsection D.1. through 15. of this section to the ((ombuds)) office of public complaints.
E. Any one or more of the following conduct by employees is protected under this chapter:
1. Reporting improper governmental action;
2. Cooperating in an investigation by any official related to improper governmental action, including but not limited to local, state, federal, and internal investigation; and
3. Testifying in any official proceeding, hearing, or prosecution arising out of an improper governmental action.
F. A county officer or employee shall not retaliate, attempt to retaliate or threaten to retaliate against any employee because that employee has in good faith engaged in conduct protected by K.C.C. 3.42.030.E., or because the county officer or employee believes the employee has engaged or will engage in such conduct, whether or not such conduct actually occurred.
G. Any county officer or employee who engages in retaliatory action prohibited by K.C.C. 3.42.030.F. is subject to disciplinary action including, but not limited to, suspension without pay, demotion or termination. In addition, any elected official who engages in retaliatory action prohibited by K.C.C. 3.42.030.F. is subject to censure by motion of the council and also may be subject to recall from office due to misfeasance or malfeasance in office.
H. Each appointing authority shall ensure that, upon entering county service or any time there are material changes to this chapter, every county officer and employee shall receive a written summary of this chapter, the procedures for reporting improper governmental actions to investigating officials, the procedures for obtaining the protections extended, the prohibition against retaliation in this section, and identification of offices and resources available to help the employee understand the provisions of this chapter including but not limited to the ((ombuds's)) office of public complaints. The ((ombuds's)) office of public complaints shall assist in the development of materials. Copies of these summaries shall be conspicuously posted where all employees will have reasonable access to them. Every county officer and employee shall also receive a written summary of this chapter at least once every two years; the summary may be distributed electronically.
SECTION 34. Ordinance 11687, Section 6, as amended, and K.C.C. 3.42.050 are hereby amended to read as follows:
A. If the official receiving a complaint under this section is not the appropriate investigating official identified in K.C.C. 3.42.030.D.1., the official receiving the complaint shall immediately forward the written report to the appropriate investigating official and notify the reporting employee of the referral.
B. If a report of improper governmental action meets the definition of a complaint under K.C.C. 3.04.055, the ((ombuds)) the office of public complaints, upon receipt of the report, shall investigate that allegation according to the procedures in K.C.C. chapter 3.04, the Employee Code of Ethics.
C. If the ((ombuds)) the office of public complaints is an appropriate investigating official ((and)) but the report does not meet the definition of a complaint under K.C.C. chapter 3.04, the Employee Code of Ethics, the ((ombuds)) office of public complaints upon receipt of the report may refer the report to the department director of the agency in which the alleged improper governmental action occurred or to the chief elected official of the branch of government implicated in the allegation; if the ((ombuds)) office of public complaints does not refer to another official, or if the other official's response is not timely or satisfactory to the ((ombuds)) office of public complaints, the ((ombuds)) applicable division within the office of public complaints shall conduct an investigation in accordance with the procedures outlined in K.C.C. 3.42.057.
D. If a report of improper governmental action is filed with an appropriate investigating official who is not the ((ombuds)) office of public complaints, and a report is concurrently filed with the ((ombuds)) office of public complaints, the ((ombuds)) office of public complaints may defer action until the investigation is completed by the affected department, office or agency. When the ((ombuds)) office of public complaints chooses to conduct a concurrent investigation the ((ombuds)) office of public complaints shall notify the executive and the chair of the council.
E. Decisions of the ((ombuds)) office of public complaints under this section may not be appealed to the Board of Ethics.
SECTION 35. Ordinance 16580, Section 6, as amended, and K.C.C. 3.42.055 are hereby amended to read as follows:
A. The procedures in this section shall apply to any investigating official except ((the ombuds)) those within the office of public complaints or the judicial branch. Investigations by the ((ombuds)) office of public complaints shall be conducted in accordance with K.C.C. 3.42.057.
B. When an appropriate investigating official who is not ((the ombuds)) within the office of public complaints receives a report of improper governmental action, the investigating official shall respond to the reporting employee in writing within thirty days of when the report was received with either a final report or a preliminary report, with a copy of the response to the ((ombuds)) office of public complaints. If responding with a preliminary report, the official shall include a summary of the status of the investigation and information obtained thus far, and identifying matters for further research or inquiry. If the identity of the reporting employee is not known, the response shall be sent to the ((ombuds)) office of public complaints.
C. The investigating official shall complete the investigation and issue a final report no later than one year from when the report of improper governmental action was received. If the final report concludes that there was improper governmental action, it shall include an action plan for addressing the improper governmental action and provide reasonable timelines for completing corrective actions.
D. The investigating official shall send a copy of the final report to the reporting employee and the ((ombuds)) office of public complaints.
E. When conducting an investigation of improper governmental action occurring within the legislative branch, the prosecutor may at any stage, issue subpoenas, administer oaths, examine witnesses, and compel the production of documents or other evidence; refer the matter to the state auditor, law enforcement authorities or other governmental agency; and issue reports; or any combination thereof, each as deemed appropriate.
F. If the investigating official determines that that the employee reporting improper governmental action has been retaliated against or is at great risk of retaliation, the investigating official may seek temporary preventive action, including but not limited to the transfer of the reporting employee to another department at the request of the reporting employee or authorizing leave with pay for the reporting employee. If the investigating official deems it necessary, the investigating official's recommendation may be made to the executive. Such a temporary preventative action may continue until the conclusion of any investigation and a permanent resolution of the matter.
G. To the extent allowed by law, investigating officials are encouraged to enter into cooperative agreements or arrangements for receiving and processing complaints with other agencies or entities that are investigating related complaints, so that duplication of functions shall be minimized and multiple redundant investigations avoided.
SECTION 36. Ordinance 16580, Section 7, as amended, and K.C.C. 3.42.057 are hereby amended to read as follows:
A. The procedures in this section apply to the ((ombuds)) office of public complaints when ((the ombuds)) a division within the office of public complaints is investigating a report of an improper governmental action that is not investigated according to the rules applicable to K.C.C. chapter 3.04, the Employee Code of Ethics.
B. In determining whether to conduct an investigation, the ((ombuds)) director of the applicable division within the office of public complaints may consider factors including, but not limited to, the nature and quality of the evidence and the existence of relevant laws and rules; whether the alleged improper governmental action was isolated or systematic; the history of previous assertions regarding the same subject or subject matter; whether other avenues are available for addressing the matter; whether the matter has already been investigated or is in litigation; the seriousness or significance of the asserted improper governmental action; and the cost and benefit of the investigation. The ((ombuds)) director of the applicable division has the sole discretion to determine the priority and weight given to these or any other relevant factors and to decide whether a matter is to be investigated.
C. If the ((ombuds)) director of the applicable division elects not to investigate the matter, the ((ombuds)) director of the applicable division shall, before making a final decision to close the investigation, send a notice to the person who made the report explaining the factors considered and the analysis applied, summarizing allegation deficiencies if any, and providing a reasonable opportunity to reply. The notification may be by electronic means.
D. If the ((ombuds)) director of the applicable division within the office of public complaints determines that that the employee reporting improper governmental action has been retaliated against or is at great risk of retaliation, the ((ombuds)) director of the applicable division may recommend to the head of the department that temporary preventive action be taken, including but not limited to transferring the reporting employee at the reporting employee's request to another department or authorizing leave with pay for the reporting employee. If the ((ombuds)) director of the applicable division deems it necessary, the ((ombud’s)) director of the applicable division may make the recommendation ((may be made)) directly to the executive instead. Such temporary preventative action may continue until the conclusion of any investigation and a permanent resolution of the matter.
E. If the ((ombuds)) director of the applicable division within the office of public complaints elects to conduct an investigation and it appears to the ((ombuds)) director of the applicable division that the investigation will take longer than thirty days to complete, the ((ombuds)) director of the applicable division shall, within thirty days after receiving the report of alleged improper governmental action, provide the complainant with a preliminary written report that summarizes the procedural status of the investigation, the information obtained thus far, any preliminary findings as the ((ombuds)) director of the applicable division deems appropriate, and identifying matters for further research or inquiry. The ((ombuds)) director of the applicable division shall also notify the subject or subjects of the investigation and the agency head of the need for continued investigation.
F. When conducting an investigation of a complaint, the ((ombuds)) director of the applicable division within the office of public complaints may at any stage issue subpoenas, administer oaths, examine witnesses, and compel the production of documents or other evidence; refer the matter to the state auditor, law enforcement authorities, or other governmental agency; and issue reports; or any combination thereof, each as deemed appropriate.
G.1. Upon completion of an investigation, the ((ombuds)) director of the applicable division within the office of public complaints shall make a final written report that summarizes the results of the investigation, including findings with regard to each assertion of improper governmental action and recommended actions. The ((ombuds)) director of the applicable division shall complete the investigation and issue a final report within one year of receipt of the report of improper governmental action.
((1.)) 2. If the ((ombuds)) director of the applicable division determines that no improper governmental action has occurred, the ((ombuds)) director of the applicable division shall send the report to the complainant, the subject or subjects of the investigation and the agency head.
((2.)) 3. If the ((ombuds)) director of the applicable division determines that an improper governmental action has occurred:
a. The ((ombuds)) director of the applicable division shall give the subject of the report an opportunity to respond before issuing a final report((.));
b. The ((ombuds)) director of the applicable division shall send the report to: the complainant; the head of the department with responsibility for the action or if a department head is implicated, to the executive and county council; and such other governmental officials or agencies as the ((ombuds)) director of the applicable division deems appropriate. The ((ombuds)) director of the applicable division shall also send a copy of the written report to the executive or the county council if requested to do so by the complainant, if the director of the applicable division has not already done so((.));
c. The department with responsibility for the improper governmental action shall report back to the ((ombuds)) director of the applicable division and complainant with an action plan for addressing the improper governmental action and provide reasonable timelines for completing its corrective actions. The department's response should be made within fourteen days of receipt of the ((ombuds)) director of the applicable division's report. If the ((ombuds)) director of the applicable division deems that satisfactory action within a reasonable timeframe has not been achieved, the ((ombuds)) director of the applicable division shall report the ((ombuds)) director of the applicable division's determination to the executive and the county council((.)); and
d. The ((ombuds)) office of public complaints may impose a fine of not greater than ten thousand dollars on the department within which the improper governmental action occurred. A fine should be imposed for improper governmental actions that are exceptionally egregious or for which corrective actions have been highly unsatisfactory. The department shall be given a reasonable opportunity to be heard before imposition of any fine. Proceeds collected from any fine shall be deposited into an account to be used for the purpose of educating employees about this chapter or may be applied by the department toward the cost of administrative leave paid to the employee reporting the improper governmental action where the reason for the administrative leave is related to the employee's reporting.
H.1. At any stage in the investigation, the ((ombuds)) director of the applicable division may, with the agreement of the parties, recommend, arrange for, convene, or conduct voluntary mediation between the employee and either the subject of the investigation or agency head, or both, with cost sharing, if any, to be determined by the parties.
((1.)) 2. If the parties reach agreement as a result of mediation, the ((ombuds)) director of the applicable division may close the investigation.
((2.)) 3. The response times from subsection E. of this section shall be tolled for the duration of the mediation process.
((3.)) 4. Mediation and other informal resolution processes are voluntary. No employer or employee shall be pressured into participating in such processes, and no negative inferences shall be drawn if any party declines to participate in such processes. If a party agrees to participate in voluntary mediation or other informal resolution process, that party is under no obligation to accept the resolution recommended by the mediator, the ((ombuds)) director of the applicable division, or any other person participating in this process, and no negative inferences shall be drawn as a result of a refusal to accept such recommendations.
I. The ((ombuds)) director of the applicable division may close an investigation at any time the ((ombuds)) director of the applicable division determines that no further action is warranted and shall so notify the complainant, the subject or subjects of the investigation and the agency head. The ((ombuds)) director of the applicable division shall also issue any reports as required by this section.
J. Decisions of the ((ombuds)) director of the applicable division under this section may not be appealed to the board of ethics.
SECTION 37. Ordinance 11687, Section 7, as amended, and K.C.C. 3.42.060 are hereby amended to read as follows:
A. In order to seek relief, an employee who believes the employee has been retaliated against in violation of K.C.C. 3.42.030.E. must file a signed written complaint within six months of when the alleged retaliation occurred or the employee reasonably should have known of the occurrence. The complaint shall be filed with the ((ombuds)) office of public complaints and must specify the alleged retaliatory action and the relief requested.
B. The ((ombuds)) director of the applicable division within the office of public complaints shall conduct an investigation of the alleged retaliatory action except that complaints involving the judicial branch shall be forwarded to the appropriate investigating official for that branch for investigation and complaints involving councilmembers shall be forwarded to and investigated by the prosecutor.
C. When conducting an investigation, the ((ombuds)) director of the applicable division or prosecutor may at any stage, issue subpoenas, administer oaths, examine witnesses, and compel the production of documents or other evidence; refer the matter to the state auditor, law enforcement authorities or other governmental agency; and issue reports; or any combination thereof, each as deemed appropriate.
D. If it appears to the ((ombuds)) director of the applicable division within the office of public complaints or prosecutor after conducting an investigation that no retaliation has occurred, the ((ombuds)) director of the applicable division or prosecutor shall so notify the complainant summarizing the ((ombuds)) director of the applicable division's or prosecutor's findings and providing a reasonable opportunity for the complainant to reply before making a final determination.
E. The ((ombuds)) director of the applicable division within the office of public complaints or prosecutor shall, within forty-five days after ((receiving)) the office of public complaints receives the report of alleged retaliatory action, provide the complainant with a written report that summarizes the results of the investigation, including findings with regard to each assertion of retaliation and recommended actions. The ((ombuds)) director of the applicable division or prosecutor shall also send a copy of the written report to any governmental officials or agencies as the ((ombuds)) director of the applicable division or ((prosecuter)) prosecutor deems appropriate. If the ((ombuds)) director of the applicable division or prosecutor finds that additional time is needed to complete the report, the ((ombuds)) director of the applicable division or ((prosecuter)) prosecutor shall notify the complainant in writing before the expiration of the forty-five day response period, and shall specify the reasons that additional time is required. The effect of the notice is to extend for forty-five days the time period in which a response must be made. Only two such extensions may be made.
F. The following apply to investigations by the ((ombuds)) office of public complaints under this section((.)):
1. If it appears to the ((ombuds)) director of the applicable division within the office of public complaints at any stage in the process that the complainant is at great risk of retaliation, the ((ombuds)) director of the applicable division may recommend to the head of the department that temporary preventive action be taken, including but not limited to transferring the individual to another department or authorizing leave with pay. If the ((ombuds)) director of the applicable division deems it necessary, the ((ombuds)) director of the applicable division recommendation may be made to the executive instead. Such temporary preventative action may continue until the conclusion of any investigation and a permanent resolution of the matter;
2. If the ((ombuds)) director of the applicable division determines that no retaliatory action has occurred, the ((ombuds)) director of the applicable division shall send the report to the complainant, the subject or subjects of the investigation and the agency head; and
3. If the ((ombuds)) director of the applicable division determines that retaliatory action has occurred:
a. The ((ombuds)) director of the applicable division shall give the subject of the investigation an opportunity to respond before issuing a final report;
b. The ((ombuds)) director of the applicable division shall send the report to: the complainant; the head of the department with responsibility for the action or if a department head is implicated, to the executive and county council, and to such other governmental officials or agencies as the ((ombuds)) director of the applicable division deems appropriate. The ((ombuds)) director of the applicable division shall also send a copy of the written report to the executive or the county council if requested to do so by the complainant, if the ((ombuds)) director of the applicable division has not already done so;
c. The department with responsibility for the retaliatory action shall report back to the ((ombuds)) director of the applicable division and complainant with an action plan for addressing the retaliatory action and provide reasonable timelines for when the corrective actions will occur. The department's response should be made within fourteen days of receipt of the ((ombuds)) director of the applicable division report;
d. If the ((ombuds)) director of the applicable division deems that the responsible department has not taken satisfactory action within a reasonable timeframe, the ((ombuds)) director of the applicable division shall report the ((ombuds)) director of the applicable division's determination to the executive and the county council; and
e. The ((ombuds)) director of the applicable division may impose a fine on the department within which the retaliatory action occurred; the ((ombuds)) director of the applicable division shall not impose a fine greater than ten thousand dollars. A fine should be imposed for retaliatory actions where the department's response to the retaliatory actions was grossly inadequate. The department shall be given a reasonable opportunity to be heard before imposition of any fine. Proceeds collected from any fine shall be deposited into an account to be used for the purpose of educating employees about this chapter or applied by the department toward administrative leave paid to the complainant where the reason for the administrative leave is related to the retaliation claim.
G.1. At any stage in the investigation, the ((ombuds)) director of the applicable division within the office of public complaints or prosecutor may, with the agreement of the parties, recommend, arrange for, convene or conduct voluntary mediation between the employee and the subject of the investigation and/or agency head.
((1.)) 2. If the employer and employee reach agreement as a result of a mediation, the investigation shall be closed and the employee shall not be entitled to seek a hearing under subsection I. of this section.
((2.)) 3. If the employer and employee fail to reach agreement, the response times from subsection C. of this section shall be tolled for the duration of the mediation process.
((3.)) 4. Mediation and other informal resolution processes are voluntary. No employer or employee shall be pressured into participating in such processes, and no negative inferences shall be drawn if any party declines to participate in such processes. If a party agrees to participate in voluntary mediation or other informal resolution process, that party is under no obligation to accept the resolution recommended by the mediator, the ((ombuds)) director of the applicable division, or any other person participating in this process, and no negative inferences shall be drawn as a result of a refusal to accept such recommendations.
H. The ((ombuds)) director of the applicable division or prosecutor may close an investigation at any time the ((ombuds)) director of the applicable division or prosecutor determines that no further action is warranted and shall so notify the complainant, the subject or subjects of the investigation and the agency head. The ((ombuds)) director of the applicable division or prosecutor shall also issue any reports as required by this section.
I. Decisions of the ((ombuds)) director of the applicable division within the office of public complaints under this section may not be appealed to the board of ethics.
J. If an employee who has filed a complaint of retaliation under this section is dissatisfied with the progress of the investigation or the response and desires a hearing ((under RCW 42.41.040)), the employee shall deliver a request for hearing to the head of the branch within which retaliation is alleged to have occurred within the later of: one year of when the alleged retaliation occurred or the employee reasonably should have known of the occurrence; or ninety days from receipt of the department's response under K.C.C. 3.42.060E.2.b. The employee shall notify the ((ombuds)) office of public complaints of the request. Within five working days of receipt of the request for hearing, the county shall apply to the state office of administrative hearings for a hearing to be conducted as provided in RCW 42.41.040(4) through (9).
K. An employee shall not have the right to seek a hearing under this section if the complaint of retaliation is pursued under and falls within the subject matter jurisdiction of a collective bargaining agreement grievance procedure ending in binding arbitration or the career service grievance procedure ending in a hearing before the personnel board.
L. To the extent allowed by law, investigating officials are encouraged to enter into cooperative agreements or arrangements for receiving and processing complaints with other agencies or entities that are investigating related complaints, so that duplication of functions shall be minimized and multiple redundant investigations avoided.
SECTION 38. This ordinance takes effect July 1, 2026.
SECTION 39. If any provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.