Ordinance 24-005 SVMC Amendment 18.20.030CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 24-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING THE CITY COUNCIL GOVERNANCE MANUAL,
SPOKANE VALLEY MUNICIPAL CODE SECTION 18.20.030 AND APPENDIX B
RELATING TO ENFORCEMENT OF COUNCIL CONDUCT STANDARDS, HEARING
EXAMINER AUTHORITY, AND PROCEDURAL RULES FOR HEARINGS BEFORE
THE HEARING EXAMINER
WHEREAS, the Council Governance Manual contains standards of conduct applicable to
individual Councilmembers (hereinafter "Conduct Standards"); and
WHEREAS, the Council Governance Manual provides that Councilmembers may submit
complaints that another Councilmember violated the Conduct Standards, and identifies mandatory
procedures for an independent third party to investigate said allegations before Council disciplines
an accused Councilmcmber; and
WHEREAS, the Council Governance Manual provides accused Councilmembers with the
ability to demand a hearing before the City Hearing Examiner to contest the findings of the
investigation; and
WHEREAS, the current scope of the City Hearing Examiner's authority as defined in the
Spokane Valley Municipal Code does not include the authority to conduct a hearing to determine
whether a Councilmember violated a Conduct Standard; and
WHEREAS, RCW 35A.12.120 authorizes the Council to adopt and enforce rules
governing Council conduct, and RCW 35A.63.170 authorize the City to vest the City Hearing
Examiner with the power to hear and decide appeals of administrative decisions or determinations;
and
WHEREAS, the City's current rules of procedure for hearings before the Hearing
Examiner identified in SVMC Appendix B were not designed for hearings to determine whether a
CounciImember violated conduct standards; and
WHEREAS, the proposed amendments to SVMC 18.20.030 and SVMC Appendix B are
in the best interests of the health, safety, and welfare of the citizens of the City.
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NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend section 18.20.030
and Appendix B of the Spokane Valley Municipal Code (SVMC) to authorize and provide
procedural rules for the City Hearing Examiner to conduct hearings requested under Chapter 5 of
the Council Governance Manual to contest findings and conclusions that a Councilmember
violated Conduct Standards.
Section 2. Amendment. Section 18.20.030 is hereby amended as follows:
18.20.030 Powers and duties.
A. The hearing examiner shall be under the administrative supervision of the city manager.
B. The hearing examiner shall have the following powers and duties:
1. Annually provide a written report to the city manager or designee and city council that
states the number and type of hearings conducted and decisions issued during the past year,
the outcome of such decisions, recommendations for improving the hearing examiner system,
and pertinent observations and recommendations regarding land use policies and
development regulations.
2. Upon request, meet with the city manager or designee or city council to discuss the written
report.
3. Receive and examine available information, make site visits, take official notice of
matters, conduct public hearings, prepare a record thereof, and enter findings, decisions, or
recommendations.
4. As a part of the conduct of public hearings, the hearing examiner shall have the authority
to:
a. Conduct pre -hearing conferences;
b, Require the submittal of information;
c. Schedule and continue hearings;
d. Rule on all evidentiary and procedural matters, including motions and objections
appropriate to the proceedings;
e. Receive evidence and cause preparation of the record;
f. Regulate the course of hearings and the conduct of the parties and their agents;
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g. Maintain order during the hearing process;
h. Render decisions and issue written findings and conclusions;
i. Include in a decision the conditions of approval necessary to ensure that the
application complies with the applicable criteria for its approval; and
j. Revoke any approval for failure to comply with the conditions imposed by the hearing
examiner where specifically authorized by the SVMC or state law.
5. The hearing examiner shall hear the following matters:
a. Variances;
b. Conditional use permits;
c. Special use permits;
d. Shoreline letter of exemption appeals;
e. Preliminary plats;
f. Appeals from any administrative decision of the department of community and public
works or the building official in the administration or enforcement of Chapter 7.45
SVMC and Title 17 through 24 SVMC and any other land use code or regulation;
g. Appeals on State Environmental Policy Act (SEPA) determinations;
h. Site -specific zone changes of property, including any environmental determination
(under SEPA); and
i. Hearings requested under Chapter 5 of the Council Governance Manual contesting
findings and conclusions that a Councilmember violated the Council Conduct Standards
enumerated in said Governance Manual.
j A-. Any other applications or appeals that the city council may refer by motion or
ordinance, specifically declaring whether the decision of the hearing examiner is a final
decision or may be appealed to the city council.
6. All hearings before the hearing examiner shall be scheduled and conducted in the manner
set forth in Appendix B.
7. Hearing Examiner decisions shall be given the effect of a final decision of the legislative
body, except for rezones and where otherwise specified by City Council or the applicable
SVMC.
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8. Appeals of any decision of the hearing examiner, other than decisions that a
Councilmember violated the Council Conduct Standards, shall be as is set forth in Chapter
17.90 SVMC. A Hearing Examiner decision that a Councilmember violated the Council
Conduct Standards mqy only be appealed..to the Washington Superior Court as set forth in
Cha to 5 Section D.5 of the Council's Governance Manual.
Section 3. Amendment. Chapter 1, Section B of Appendix B SVMC is amended as
follows:
B. Jurisdiction.
The scope of the Hearing Examiner's jurisdiction is set forth in RCW 35A.63.170 and chapter
18.20 SVMC. The Hearing Examiner shall have the authority set forth in RCW 35A.63.170 and
chapter 18.20 SVMC. The scope of this jurisdiction includes the power to issue orders and snake
a decision or recommendation on an application or appeal as provided in the SVMC. This
jurisdiction also includes the power to issue decisions with findings, conclusions and
recommendations when a Councilmember requests a hearing to contest an investigator's written
finding and/or conclusion that the Councilmember violated the Council Conduct Standards but
onl when the investigator's findings/conclusions are incident to investigating a colplaint made
in accordance with Chapter 5 of the Council Governance Manual.
Section 4. Amendment. A new Chapter IV is hereby added to Appendix B of the
SVMC as follows:
Chapter IV: Hearings on Council Conduct Standards Violation
Chapter IV applies to all hearings requested by a Councilmember to contest a finding that the
violated the City's Council Conduct Standards.
Sections:
A. Participation by Parties.
B. Scheduling and Notice of Hearings.
C. Conduct of Hearings.
D. Recommendations/Decisions.
A. Parties and Participation at Hearing.
1. "Investigator" Definition. At all times used herein "Investigator". shall refer to the
independent third -party attorne retained by the City in accordance with Chapter 5 of
the Council Governance Manual to investigate alle ations that a Councilmember
breached the Council Conduct Standards set forth in the Council Governance Manual.
2. Investigator Participation. No City employee mqy directly participate in the hearing,
unless called as a witness by the Investigator or Subject Councilmember, but shall be
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provided notice thereof. At the hearing,the Investigator who issued the Investigator'
report shall present evidence and testimon object cross-examine and make motions
arguments, recommendations and all other actions essential to a fair hearing.
3. Councilmember Participation. The Councilmember who requested the hearing
"Subject Councilmember" shall be provided notice and the opportunityoppottunity to present
evidence and testimon object cross-examine and make motions arguments,
recommendations, and all other actions essential to a fair hearin
4. Participation by the Public. The hearin shall be open to the public, but the ublic does
not have a right_to participate therein.
5. Responsibilities of Investigator. At least ten 10 business days before the hearing, the
Investigator shall provide the Investigator's report and all documents in their
possession relating to the investigation to the Subject Councilmember and Hearin
Examiner.
6. Responsibilities of Subject Councilmember. The Subject Councilmember shall
provide the Hearing Examiner and Investigator any material that Subject
Councilmember wishes to present or intends to rely upon at the hearing at least five 5
business days prior to the hearing.
The intent of SVMC A endix B Cha ter IV Section A 5 & 6 is to ensure that all
documents and arguments to be relied upon by gny of the principal parties in the hearing
before the Hearing Examiner are available for review by all other palties prior to the
hearing, thus avoiding "sut rise" at the hearing and facilitating efficiency. These rules
will be inter reted by the Hearing Examiner to facilitate that pulTose in conformance
with applicable legal requirements for open record hearings.
7. Responsibilities of All Parties Witnesses and Observers. Parties witnesses or
observers shall conduct themselves with civility.and deal Cow teously with all involved
in the proceedings..__ Failure to do so mqy result in removal from the hearing at the
discretion of the Hearing Examiner. Testimon shall be directed to the Hearin
Examiner and not at otherpar-ties, and shall be limited to matters relevant to the issues
before the Hearing Examiner.
8. Documental evidence mqy be received in the form of copies or excel is at the Hearin
Examiner's discretion. The Hearing Examiner may.re uire that the original of a
document be produced. True and correct copies shall also be given to the Investigator,
the Hearing Examiner, and any other party in attendance at the hearing.
9. Except for the initial Notice of Hearing, all documents delivered to another party..or the
Hearing Examiner mqy be made by email. A eats shall be filed and served ursuant
to Chapter 5, Section D.5. of the Governance Manual.
B. Scheduling and Notice of Hearings.
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I. The Hearing Examiner shall set the hearing within 60 days of the City Manage
receiving the request for a hearing by the Subject Councilmember. The Hearing
Examiner is encouraged to coordinate with the Subject Councilmember and
Investigator, when setting the dates times and location at which the hearing will
occur. The Hearing Examiner may set apy other deadline the Hearing Examiner
determines will promote efficient and fair resolution of the matter.
2. The Hearing Examiner shall serve the Subject Councilmember and Investigator, with
a copy to the City.Manager, with a Notice of Hearing identifying the dates time(s)
and location of the hearing and any other deadlines set by the Hearing Examiner.
Service of the Notice of Hearing.shall be by email and first-class mail. Unless a reed
to otherwise the Notice of Hearing shall be delivered no later than 21 days prior to the
date of the hearing. For the purpose of this section deliveil is deemed to have occurred
on the third &y following mailing of the Notice of Hearing.
3. The Notice of Hearing shall contain a statement that the hearing will be conducted in
the manner set forth in SVMC Appendix B, Chapter IV.
4. if a person entitled to receive notice of the hearing does not actually receive notice
then the Hearing Examiner shall continue the hearing to a later date.
5. A person is deemed to have received notice if the person. appears at the hearing and
failed to object to the lack of notice proMptly after the person obtained actual
knowledge of the hearing date.
C. Conduct of Hearings.
1. Content of the Record. The record of a hearing conducted by the Hearing Examiner
under this Chapter of Appendix B shall include but need not be limited to the
following materials:
a. The Council Conduct Standards Complaint;
b. The re oit of the Investigator who investigated the above Complaint;
c. All evidence received or considered by the Hearing.Examiner, which shall include
oral testimopy given at the hearing, all exhibits and other materials submitted;
d. A statement of all matters officially.noticed by the Hearing Examiner;
e. A decision containin2 the findings and conclusions of the Hearin Examiner•
f. A recommendation of whether to impose discipline and the discipline to impose;
g_ Electronic recordings of the hearing and proceedings by the Hearing Examiner•
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h. The Notice of Hearing along with an affidavit of service attesting that the hearin
notice was delivered to the Subject Councilmember(including the date and how
delivery was made pursuant to Appendix B. Chapter IV, Section B.2.
2. Hearin format. A hearing generally includes but is not limited to the following
elements:
a. A brief introductory statement of the matter and overview of the hearing process
by the Hearing Examiner-,
b. A report by the independent Investigator, including introduction of the Council
Conduct Standards com laint the Investi ator's investigation, the procedural
history and an ex lanation of the Investigator's investigation and findings which
can include the use of visual aids and the Investigator's recommendations•
c. The submittal of testimony and documents by the Subject Councilmember;
d. Rebuttal of testimony, if applicable;
e. Closing_ arguments;
f. An opportunityoppoltu-nity for questions by the Hearing Examiner; and
g. Closure of hearing and record.
3. Evidence.
a. Burden of Proof. The Investigator shall have the burden of proof to show on a more
probable than not basis that the Subject Councilmember violated one or more of
the provisions of the CouncilConduct Standards.
b. Admissibilijy. The hearing enerall will not be conducted in strict adherence to
Rules of Evidence but evidentiary rules mqy be used for guidance. Any relevant
information and material shall be admitted if it possesses probative value
commonly accepted by reasonably prudent persons.in the conduct of their affairs.
The Hearing Examiner may exclude all evidence that is irrelevant, immaterial,
undid re etitious or whose probative value is substantially outweighed by undue
prejudice that would result from it being.admitted into evidence. The rules of
privilege shall be effective to the extent recognized by law. The Hearing Examiner
shall have discretion on the adrnissibiliiy of all evidence. The Hearing Examiner
shall give such weight to the evidence submitted as he or she deems appropriate
and as ma. by e required bylaw.
c. Copies. Documentary evidence ma be received in the form of copies, excerpts, or
incoi oration b reference at the Hearing Examiner's discretion. The Hearin
Examiner mayyrequire an original, in which case it shall be provided to the Hearing
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Examiner. Parties shall provide conies of all evidence submitted to the Hearing
Examiner to all other parties. Upon request, parties shall be given an opportunit
to compare the copy with the on i�nal.
d. Judicial Notice. The Hearing.Examiner ma take judicial notice of judicially
cognizable facts' federal, state, and local laws, ordinances, or regulations, the Cit�'s
Comprehensive Plan and other adopted plans or policies of the City, and mqy take
notice ofgeneral,._ technical or scientific facts within his or her specialized
knowledge, so Ions as any -judicially noticed facts are included in the record and
referenced or are apparent in the Hearing Examiner's final decision. The Hearin
Examiner shall not take notice of disputed adjudicative facts that are at the center
of a particular proceeding.
e The Hearing Examiner may occasionally request material to be filed after the close
of testimony. Only those items referred to at the hearing andspecifically requested
by the Hearing Examiner may be submitted in this manner. Nothing in this
subsection allows any ex paite submission of any document or communication to
the Hearing Examiner. All paiLies shall have the opportunity to address res and
and/or provide responsive documents as m4y be allowed b the Hearing Examiner.
f. The Hearing Examiner may call witnesses and request written evidence in order to
obtain the information necessary to make.a decision. The Hearinjz Examiner ma
also request written information from or the appearance of a representative from
any City department necessazy to make a decision.
g. Additional evidence may only be submitted upon a request for reconsideration
based on the discovery of new evidence which could not reasonably be available at
the time of the hearing. If additional evidence is submitted with a request for
reconsideration it will only be considered upon a showing of significant relevance
and good cause for dela in its submission. All parties shall beiven notice of the
consideration of such evidence and granted an opportunityoppoltuni!y to review such evidence
and file rebuttal arguments.
h All parties shall be allowed an opportunity to make a record of evidence admitted
or denied during the course of the hearing. This record shall include offers of proof
D. Recommendations/Decisions.
1. Written Decisions. The Hearing Examiner shall prepare -.and issue a written decision
that includes findings of fact and conclusions. The decision shall be forwarded to the
Subject Councilmember, Investigator and Ci Manager within ten 10 working days
after the hearing, unless a longer time period is mutually agreed to in writing by the
Subject Councilmember Investigator, and.the.Hearing Examiner.
The Hearing Examiner's decision shall be the final decision of the City as to the
findings of fact and conclusions of law.
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If the Hearing Examiner concludes that the Subject Councilmember violated the
Council Conduct Standards, then the Hearing Exq
recommendation whether discipline should be imposed, and if so, identify the
recommended disciplinary measure(s).
2. Content of Decision.
a. Findings of fact upon which the decision or recommendation, including_any
conditions, was based. The findings shall be based cxclusively on the evidence
presented in the hearing and those matters officially noticed pursuant to SVMC
Appendix B,QhapteiIV ,sectionQ.3.d.
b. Conclusions shall include a resolution of all the issue(s) based upon the-f-undings.
The COnelUSiODS shall reference the Council Conduct Standards at issue in the
matter and shall include a determination, based on the finding's of fact, as to whether
the Investigator met their burden.
e. Recommendation to the Council whether the Subject..Councilmember should be
disciplined and, if so, the recommended discipline authorized by Chapter 5 of the
Council's Governance Manual.
d. The date of the decision and time period for appeal to the Washin2ton Superior
Court identified in Cbqpter 5, Section D.5 of the Council's Governance Manual.
Section 5, Other sections unchanged. All other provisions of chapter 18,20 SVMC not
specifically referenced hereto shall remain in full -force and effect.
Section 6. Severability, If any section, sentence, clause, or phrase of this Ordinance should
be held to be invalid or 'unconstitutional by a court of cornpetent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or
phrase of this Ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a suininaty thereof in the official newspaper of the City of Spokane Valley
as, provided by law.
Passed this 30"' day of.April 2024.
Pain Haley, Mayor
A JST:
Rho
Marci Patterson, ity Clerk
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Approved As To Form:
Office.6f the dfty AtV.2,
Si n 1 Date / rPUI%.,CL L)JJLRJlJ.
A
Effective Date: 12.JZ.'i....
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