(A) Any member of the Bellevue city council or the mayor (hereinafter referred to as "elected official") of the City of Bellevue may be sanctioned for misconduct as outlined herein. Misconduct has been outlined in Policy Resolution 35; however, said misconduct is not an exhaustive list of misconduct and other misconduct may be identified pursuant to city code or state law. Sanctions, shall be initiated as follows:
(B) Upon the filing of written charges that must be: 1) signed and verified (in front of a notary public) by the person(s) making the claim(s); 2) provided to the city clerk within 60 days of the alleged incident; 3) if the written charge is filed by a citizen, the citizen must be a resident of Bellevue and must list their home address in the written charge; if the written charge is filed by an individual or entity conducting business with the city, the individual or entity must list their business address in the written charge and include a statement of the business conducted with the city; if the written charge is filed by an employee, staff member, elected official, or any individual in the administration for the City of Bellevue, the written charge must include a statement of their position with the city; and 4) must provide a detailed statement of the misconduct alleged. The city clerk shall then provide a copy of the written charges to the city administrator and copy all elected officials.
(1) The city administrator, after receiving the written charges from the city clerk will review the written charge to ensure that the requirements in division (A) above are met.
(2) If after review the requirements in division (A)(1) are not met, the matter will be administratively closed by the city administrator and said closure will be documented and kept in the city clerk's office and the individual filing the written charge will be notified by mail (if mailing address was listed) by the city clerk, or by email if the individual has a city-issued email address. All elected officials will be notified of this action. If any elected official contests the closure of the written charge, they may have a resolution created as outlined in division (A)(3) and the resolution shall be set for the next regularly scheduled city council meeting.
(3) If after review, the requirements in division (A)(1) are met, the city administrator shall have a resolution created for the next regularly scheduled city council meeting. The resolution shall set a time and place for hearing on the written charges and shall attach the written charges to the resolution as Exhibit "A." The resolution shall be placed on the next regularly scheduled meeting for council consideration. At said council meeting, the council shall decide by majority vote whether the written charge shall move forward for a formal hearing before the council or whether it should be dismissed. The accused elected official shall abstain from the vote. If the council votes to approve the resolution, the written charge shall be set for hearing not less than seven days nor more than 45 days subsequent to the passage of the resolution. Said hearing may be set for special hearing. If the council does not approve the resolution, the matter will be deemed dismissed and the city clerk will notify the individual filing the written charge via mail (if mailing address was listed).
(4) If the city council approves the resolution and sets the matter for hearing, the city clerk shall notify the individual who filed the written charges of the time and place of said hearing by mailing notification to them at the address stated in their written charges, or if the charges were filed by a city official, employee, other elected official, or city staff, notice may be sent via e-mail. The city clerk shall also e-mail the approved resolution to the accused elected official and notify him or her of the date and time of the scheduled hearing.
(5) If the matter is set for hearing, the elected official whose conduct shall have been called into question shall have the right to be present to interrogate witnesses, to be represented by counsel at his or her cost, and either in person or by counsel make a statement or argument to the council regarding the allegations made against him or her. The individual(s) bringing forth the alleged misconduct shall be present at the hearing in order for the hearing to proceed. The accused, either personally or through counsel if represented, shall have the right to confront and cross-examine their accuser. All hearings will be recorded via audio recording.
(6) The city attorney shall act as prosecuting attorney and shall have the right to examine or cross examine each witness presented, or call witnesses, and to make any statement or argument to the council. If the city attorney is the one bringing the written charge, the city shall contract another attorney to be the acting city attorney for the purposes of this hearing.
(7) The hearing shall be limited to the charges as outlined in the written charge only.
(8) If the hearing is not concluded prior to 10:00 p.m., the council may, by motion to continue and majority vote, end the hearing and re-schedule the hearing for the next regularly scheduled meeting or special meeting and shall publish the same in accordance with the rules and regulations for setting such hearings.
(9) If upon such hearing, the council shall by a majority vote (with the exception of the elected official who is charged with the misconduct) find or determine that the elected official in question is guilty of misconduct, the city council may then determine the appropriate sanction to be applied.
(10) The sanction to be applied shall be made by motion, voted upon in a separate motion apart from the finding(s), and be agreed upon by a majority vote (with the exception of the elected official who is charged with the misconduct). The determination after hearing and any sanction applied shall be made during an open meeting on the record and shall be memorialized in writing by a resolution. The city council is committed to following a model of progressive sanctions for allegations of misconduct. When deemed appropriate the city attorney shall disclose any prior sanctions. The following sanctions may be imposed by the city council if there is a finding that the elected official in question is guilty of misconduct as charged.
(a) Written reprimand. This sanction would include a written letter outlining the misconduct violation, date of occurrence, and that the elected official was counseled on said matter. A written reprimand may be administered by the city council after hearing. A copy of the written reprimand will be provided to the accused elected official and to all other members of the council and the mayor. A written reprimand should be used as a corrective step or warning to the elected official for specific misconduct allegations that are not severe in nature but that are violations of city code or this policy.
(b) Public reprimand. This sanction would include a verbal admonishment during an open meeting of the city council and would outline the reason for the reprimand. A public reprimand may only be administered by the city council after a hearing. The date, time, and nature of said public reprimand will be memorialized in writing. A public reprimand should be used for corrective action if prior written reprimands were not effective or when the severity of the misconduct warrants a public admonishment due to the nature of the complaint.
(c) Removal from committee assignment(s) and/or loss of seniority. This sanction would include a finding after a hearing that the elected official's behavior warrants action greater than a written reprimand or public reprimand and that due to the elected official's behavior he or she should be removed from specific committee(s), task force, removal as council president or lose seniority within the council. The removal from a committee, task force, council president, or loss of seniority may only be administered by the city council after a hearing. The date, time and sanction outlined herein will be memorialized in writing. Removal from a committee or committees, task force, council president, or loss of seniority should be used if the misconduct would lose public trust or council trust for the elected official to remain on the committee, task force, as council president or keep the seniority position, if the misconduct impacts the operations of the committee, the offense was committed during a committee meeting, or the offense was directed toward another committee member or member addressing that committee.
(Ord. 3978, § 1, passed 12-3-2019)