_______________________________________________
HOUSE
BILL 2449
_______________________________________________
Passed
Legislature - 2000 Regular Session
AS
AMENDED BY THE SENATE
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 01/13/2000.
Referred to Committee on State Government.
Revising
provisions relating to ethics board staff review of ethics complaints.
AN
ACT Relating to ethics board staff review of ethics complaints; amending RCW
42.52.420; and adding a new section to chapter 42.52 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
42.52.420 and 1994 c 154 s 212 are each amended to read as follows:
(1)
After the filing of any complaint, except as provided in RCW 42.52.450, the
staff of the appropriate ethics board shall investigate the complaint. The
investigation shall be limited to the ((alleged facts)) allegations
contained in the complaint.
(2)
The results of the investigation shall be reduced to writing and the staff
shall either make a determination ((shall be made)) that the
complaint should be dismissed pursuant to section 2 of this act, or recommend
to the board that there is or that there is not reasonable cause to believe
that a violation of this chapter or rules adopted under it has been or is being
committed.
((A
copy of the written)) (3) The board's determination on reasonable
cause shall be provided to the complainant and to the person named in such
complaint.
NEW
SECTION. Sec. 2. A
new section is added to chapter 42.52 RCW to read as follows:
(1)
Based on the investigation conducted under RCW 42.52.420, and subject to rules
issued by each board, the staff of the appropriate ethics board may issue an
order of dismissal based on any of the following findings:
(a)
Any violation that may have occurred is not within the jurisdiction of the
board;
(b)
The complaint is obviously unfounded or frivolous; or
(c)
Any violation that may have occurred does not constitute a material violation
because it was inadvertent and minor, or has been cured, and, after
consideration of all of the circumstances, further proceedings would not serve
the purposes of this chapter.
(2)
Written notice of the determination under subsection (1) of this section shall
be provided to the complainant, respondent, and the board. The written notice
to the complainant shall include a statement of the complainant's right to
appeal to the board under subsection (3) of this section.
(3)
In the event that a complaint is dismissed under this section, the complainant
may request that the board review the action. Following review, the board
shall:
(a)
Affirm the staff dismissal;
(b)
Direct the staff to conduct further investigation; or
(c)
Issue a determination that there is reasonable cause to believe that a
violation has been or is being committed.
(4) The board's decision under subsection (3) of this section shall
be reduced to writing and provided to the complainant and the respondent.
