HomeMy WebLinkAbout2017-01-19 Agenda Pkt_EERCEthics & Equal Rights Committee
2nd Floor Conference Room —129 N. Second Street, Yakima, WA 98901
Thursday — January 19, 2017
5:30 p.m. — 6:30 p.m.
Agenda
1. Welcome and Re -introductions
2. Approval of 01/05/2017 Minutes
3. Report on Mission & Elevator Speech
4. Member Presentations of Other City Comparisons
5. Public Forums Outline
6. Existing City Allocations
7. Wrap -Up and Questions
Yakima
2015
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BRIEF SUMMARY (Book Report):
RESEARCH - Spokane had a population of 208,916 at the time of the 2010 US Census. Its ethnic make-up is very
different from Yakima. Approximately 85% of Spokane County residents are white. Though Spokane differs from
Yakima in many significant ways, I did find some excellent information that I believe we can use. To avoid a pile
of papers and screen shots that we would never wade through, I chose one submission regarding ethics and one
about equal rights.
ETHICS COMMISSION: The City of Spokane Ethics Commission exists to: "...uphold, promote and
demand the highest standards of ethics from all of its EMPLOYEES and CITY OFFICERS..."
Even though their Ethics Commission is limited to city employees and officers, they have a well -
organized web page and two documents that could be helpful to us as we move forward. (See below:
Ethics Handbook and Policy and Procedures Manual)
GENDER/RACE PAY EQUITY: This task force was established by the city council in May of 2015. The
mission was to make recommendations on policies, practices and strategies for the Mayor, City Council
and the private sector to decrease gender and race -based pay disparities in the community.
Members of the Task Force represent Spokane City Council, the City of Spokane Civil Service
Department, the City of Spokane Human Rights Commission, representatives of businesses and
business associations and academic and nonprofit leaders.
The task force report is listed below.
RECOMMENDATIONS —1 have no specific recommendations, at this time, regarding what is needed in Yakima. I
defer to my learned colleagues who have been working in this arena.
EMAIL ATTACHMENTS:
• City of Spokane Code of Ethics Handbook
• City of Spokane Ethics Commission Policy and Procedures Manual
• Gender and Racial Equity at the City of Spokane
Wage
Spokane, Reearh on
ComPiled b DebSteding ianuary:
SCREEN SHOTS FROM ETHICS COMMISSION WEBSITE:
spokaneci
Ethics Commission
Live Wok
Councils Committees Associations Vacancies
Authorized by and Date: Authorized by Ordinance C35148, Passed City Council on January 12,
2015, and effective on February 25„ 2015.
Mission StatementIPurpose: It is the policy of the City of Spokane to uphold, promote and
demand The highest standards of ethics from all of its employees and City officers, whether
elected, appointed or hired. City officers and employees shall maintain the utmost standards of
responsibility, trustworthiness, integrity, truthfulness, honesty and fairness in ,carrying out their
public duties, avoid any improprieties in their roles as public.'servants including the appearance of
impropriety; and never use their City position; authority or resources for personal gain.
Meeting date, time and place: The Ethics Commission shall schedule and announce its meet
times consistent with City policy and the Open Public Meetings Act, Chapter RCW 42.30. Other
than meetings to consider and decide complaints, regarding violations of the Code of Ethics,.
commission members may participate in meetings by phone.
Enjoy Engage My Spokane
Filing a complaint: To file an ethics complaint with the City of Spokane Ethics commission, fill out
the compialnt form and follow the enclosed instructions.
Members
Troy Bruner, Cliair
Levi Liljenquist
Alice Buckles
Brian Steverson
Vacant
Dennis Cronin
Amina Fields
Term Expiration
12/31/2016
12/3112016
12,131/2017
12131./2018
12/31/2017
12/3112017
12/3112018,
Meeting Notice
To be Announced
Contact
City Liaison
Rebecca Riedinger
Ethic's ,Comm,,ssion, Staff Sapport
509.625.6225
Menigerpspokanecity,org
2IPage
Ethics Commmission General Documents
• Ettlics Commission Hannook (PDF 241 KB)
• Ethics Commission ,Pollcy and Procedure Manual (PDF 146 KB)
• Code of Ethics Chapter 1.04A SMC
Agendas
Minutes
Complaints
Decisions
Reviews
P-1 Spokane Municipal Code
Home Title 01 Chapter 01.04A
Highlighi Word View Seleded
(Select Ail) Title 01 General Provisions
(Select Ail) Chapter 01.04A Code of Ethics
Section 01 04A 010 Purpose
Li Section 01.04A.020 Definitions
LI Section 01.04A030 Prohibited Conduct
L-I Section 01.04A.010 Penalties for Noncompliance
Li Section 01.04A.050 Recall of Elected Official for Violation of Code of Ethics
LI Section 01.04A.060 Where to Seek Initial Review
Li Section 01.04A.070 Where to Seek Judicial Review
Li Section 01.04A.080 Ethics Commission
Li Section 01.01A.090 Duties and Powers
Li Section 01.01A.100 Ex Parte Communications
Li Section 01.04A.110 Complaint Process of the Ethics Commsion
USN -Jon 01 04A.120 Training
Li Section 01 04A.130 Restrictions on Ethics Commission Members
LI Section 01.04A140 Vacancy and Removal
LI Section 01.04A.150 Limitation Period
Ll Section 01.04A.160 Applicability
L] Section 01.01A.170 Advisory Opinion
Li Section 01 04/4..180 Whistleblower Protection
Li Section 01.04A.190 Severability
3 1 P a ge
CITY OF SPOKANE CODE OF ETHICS HANDBOOK
The Spokane City Council adopted the City's Code of Ethics in January of 2006
(Ordinance No. C-33785) and updated the Code of Ethics with the recognition of the
Ethics Commission through the adoption of Ordinance No. C-35148 in January of 2015.
The City's Code of Ethics is set forth in Chapter 1.04A of the Spokane Municipal Code
and is applicable to elected and appointed officials, exempt -confidential employees and
represented employees pursuant to applicable collective bargaining agreements.
SMC 1.04A.010 A describes the purpose of the Code of Ethics as follows:
It is the policy of the City of Spokane to uphold, promote and demand the
highest standards of ethics from all of its employees and City officers,
whether elected, appointed or hired. City officers and employees shall
maintain the utmost standards of responsibility, trustworthiness, integrity,
truthfulness, honesty and fairness in carrying out their public duties, avoid
any improprieties in their roles as public servants including the
appearance of impropriety, and never use their City position, authority or
resources for personal gain.
This Employee Handbook provides a summary of the Code of Ethics and is
intended to provide City officials, officers and employees with an introduction to
the City's ethics requirements. This Employee Handbook does not replace the
Code of Ethics. Additional ethical standards may also apply to specific
employees based upon their own professional occupation or license. Additional
information regarding the Code of Ethics, the Ethics Commission and its past
decisions can be found on the City's website at:
https://my.spokanecity.org/bcc/commissions/ethics-commission/.
Prohibited Conduct
The main focus of the Code of Ethics is to identify the prohibited conduct that
would constitute an ethics violation. SMC 1.04A.030 sets forth the prohibited
conduct summarized as follows:
A. Conflicts of Interest — In order to avoid having a conflict of interest or
engaging in impropriety, or creating an appearance of conflict of interest or
impropriety, no City officers or employees are to have a direct or indirect interest
or engage in a business, transaction or professional activity that might be seen
as a conflict with the officer or employee's discharge of his or her official duties,
the conduct of official city business or as adverse to the interest of the City.
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An employee who becomes aware that he or she might have a potential conflict
of interest that arises in the course of his or her official duties shall notify in
writing his or her supervisor of the potential conflict of interest.
B. Personal Interests in Contracts Prohibited - No City officer or
employee shall participate in their official capacity as a City officer or employee
in the making of a contract in which he or she has a direct or indirect personal
interest or performs some function of the contract requiring the exercise of
discretion on behalf of the City.
C. Personal Influence in Contract Selection Prohibited — No City officer or
employee shall influence the City's selection of, or its conduct of business with an
entity having or proposing to do business with the City if the City officer or
employee has a personal interest in or with the entity, unless such interest is a
remote interest.
D. Representation of Private Person at City Proceeding Prohibited - No
City officer or employee shall appear on behalf of a person, other than
himself/herself or a family member, or except as a witness under subpoena,
before any regulatory governmental agency or court of law in an action to which
the City or a City officer in an official capacity is a party, or accept a retainer or
compensation that is contingent upon a specific action by the City.
E. Certain Private Employment Prohibited — No City officer or employee shall
engage in or accept private employment, or render services for, any private interest
when such employment or service is incompatible with the proper discharge of official
duties or would tend to impair independence of judgment or action in the performance of
official duties.
F. Personal Interest in Legislation Prohibited - No City officer or employee may
directly or indirectly benefit from any legislation or contract to which the City shall be a
party except for the lawful compensation or salary of the City officer or employee unless
such interest is a remote interest where the facts and extent of such interest is
disclosed. This prohibition does not apply to council members participating in the
enactment of legislation when his or her interest is remote and has been disclosed and
the legislation is applicable to the general public.
G. Continuing Financial Interest - Where a City officer, employee, or family
member of a City officer or employee has a substantial ongoing financial relationship
with a corporation, firm, or person seeking a contract, or proposing to do business
with the City, the City officer or employee shall not influence or participate in the City's
contract selection of or conduct business with such corporation, firm, or person; nor
influence or participate in the City's contract selection of, or conduct business with, a
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corporation, firm, or party competing against a party that a City officer or employee
has such a substantial ongoing financial relationship.
H. Disclosure of Confidential Information - No City officer or employee shall,
except as required or reasonably believed to be required for the performance of his/her
duties, disclose confidential information gained by reason of his/her official position or
use such information for his/her own personal interest.
I. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity - City
employees cannot directly or indirectly solicit any gift or give or receive any gift, whether
it be money, services, loan, travel, entertainment, hospitality, promise, or any other
form, when it could be reasonably inferred or expected that the gift was intended to
influence them in the performance of their official duties; or the gift was intended to
serve as a reward for any official action on the employee's part. Public officials and city
employees may accept de minimis gifts such as calendars, coffee mugs, flowers, candy,
and other similar items that are given as a customary business practice and have no
material significance to the recipient. Such gifts from any one source cannot exceed one
hundred dollars in value in any twelve-month period. City employees should report any
gift to their immediate supervisor.
J. Fair and Equitable Treatment — City officers and employees shall not knowingly
use their office or position, the employment of any person under their control or
direction, or any City -owned property or personal benefit, gain or profit. Nor shall a City
officer or employee use the power or authority of their office or position with the City in a
manner intended to induce or coerce any other person to provide such City officer or
employee or any other person with any compensation, gift, or other thing of value.
K. False and Frivolous Complaints Prohibited —No person subject to the
Code of Ethics shall knowingly file a false complaint or report of a violation of the
Code of Ethics. However, a person who files a complaint with a good faith belief that
a violation of the Code of Ethics has occurred shall be protected by the City's
Whistleblower Protection policy as set forth in SMC 1.04A.180.
L. Aiding Others Prohibited - No City officer or employee may knowingly aid or
assist any City officer or employee in the violation of any provision of this Code of
Ethics.
M. Commission of Acts of Moral Turpitude or Dishonesty Prohibited - No
City officer or employee shall commit any act of moral turpitude or dishonesty
relating to their duties or position as a City officer or employee or arising from
business with the City. Conviction of a felony or a misdemeanor involving moral
turpitude or dishonesty, the nature of which demonstrates lack of fitness for the
position held, shall be considered conclusive evidence of a violation of this Code of
Ethics. Demonstrated acts of moral turpitude or dishonesty are not limited to felony
or misdemeanor criminal convictions.
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N. Prohibited Conduct After Leaving City Service — After leaving City
employment, the former officer or employee may not disclose or use any privileged
confidential or proprietary information gained because of their employment with the City.
Within one year of leaving City office or employment, the former officer or employee
may not:
a. participate in matters involving the City if, while in the course of
employment with the City, the former City officer or employee was officially
involved in the matter, or personally and substantially participated in the
matter, or acted on the matter;
b. represent any person as an advocate in any matter in which the former
City officer or employee was involved while a City officer or employee; or
c. participate as or with a bidder, vendor or consultant in any competitive
selection process for a City contract in which he or she assisted the City in
determining the project, or work to be done, or the process to be used.
There are exceptions including approval from the Ethics Commission when the City
desires to contract with the former officer or employee for expert or consulting services
or when the officer or employee is acting on behalf of a governmental agency if the
Ethics Commission determines that the service to the agency is not adverse to the
City's interest.
Potential Penalties — A stipulation or determination by the Ethics Commission that a
violation has occurred shall subject the party found in violation to any of the following
penalties, which may be imposed by the Ethics Commission:
1. A cease and desist order as to violations of this Code of Ethics.
2. An order to pay to the City damages sustained by the City that are caused
by the conduct constituting the violation.
3. A civil penalty of up to five thousand dollars per violation or three times the
economic value of anything received or sought in violation of this chapter
or rules adopted under it, whichever is greater.
An employee of the city who commits a violation of this chapter may be subjected to
disciplinary action, up to and including termination from employment; provided that such
disciplinary action is consistent with Career Service Guidelines and any applicable
collective bargaining agreement.
A member of a board or commission may also receive a recommendation from the
Ethics Commission to the City Council that they be removed from the board or
commission or may be suspended from the board or commission by the Ethics
Commission in lieu of a fine or damages.
In the case of an elected official, a written reprimand may be issued by the Ethics
Commission if the Commission determines that while the elected official did violate the
Ethics Code, there was no intent to commit the violation.
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As appropriate, the Ethics Commission may refer the disposition of a complaint to the
City or County prosecuting attorney's office for appropriate action.
Complaint Process
Filing of Complaints. Complaints shall be filed with the Ethics Commission
chairperson or with the staff person assigned to assist the Commission pursuant to the
process set forth in SMC 1.04A.100 and within three years of the date of the alleged
violation. Complaints must be written, signed by the complainant and directed to the
Commission. The complaint shall set forth the facts which the complainant believes
substantiates a violation of the Code of Ethics and which provisions of the code the
complainant believes were violated.
Adjudication Process. The Ethics Commission engages an adjudication process to
resolve complaints. The Commission shall request an initial written response to the
complaint from the respondent, which shall pertain to whether the complaint should be
dismissed pursuant to the reasons set forth in SMC 1.04A.110 D. 1. a. — f., which
includes the Commission's lack of jurisdiction, the matter is moot, corrective action has
already been taken, or the alleged violation would be a minor or de minimis violation.
The initial response shall not address the merits of the complaint. The Commission
shall conduct a hearing to determine whether the complaint shall be dismissed
pursuant to SMC 1.04A.110 D.
Stipulation Process. If the Commission determines that the complaint shall not be
dismissed pursuant to SMC 1.04A.110 and that the complaint alleges facts, which, if
found to be true, would be sufficient to constitute a violation of the Code of Ethics, it
shall schedule a time to meet with the respondent to create a stipulation resolving the
complaint, the determination of compliance and the penalty. Such meeting shall be
open to the public.
Investigation and Hearing Process. Complaints that are not resolved through the
adjudication or the stipulation process under SMC 1.04A.E, shall proceed to an
investigation and hearing process pursuant to SMC 1.04A.110 F.
RECUSAL. Commission members who have a conflict regarding a specific complaint shall
recusal himself or herself from hearing that complaint but shall remain a member of the
Commission.
RESTRICTIONS ON COMMISSION MEMBERS. Commission members are subject to certain
restrictions relating to their employment and political activities as set forth in SMC 1.04A.130.
REMOVAL. Commission members may be removed from the Commission by the City
Council upon recommendation of the Mayor for official misconduct or conviction of a
crime involving moral turpitude or dishonesty.
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CITY OF SPOKANE ETHICS COMMISSION
POLICY AND PROCEDURES MANUAL
RULE 1 — GENERAL PRINCIPLES
1.1 PURPOSE
It is the purpose of the City of Spokane Ethics Commission
("Commission") in adopting this policy and procedure manual to provide a
method of conduct for its meetings, hearings and other activities. This policy and
procedural manual shall not conflict with the City's Code of Ethics contained in
Chapter 1.04A SMC. In the event of a conflict, the Code of Ethics shall prevail.
1.2 ROBERT'S RULES OF ORDER
Matters of procedure not otherwise provided for herein shall, insofar as
practical, be determined by reference to Robert's Rules of Order, Newly Revised.
Rule 2. Meetings
2.1 Scheduling and Announcement of Meetings. The Ethics Commission
shall schedule and announce its meet times consistent with City policy and the
Open Public Meetings Act, Chapter RCW 42.30.
2.2 Quorum- Voting. Four members of the Commission shall constitute a
quorum for transaction of business. A simple majority of the quorum is
necessary to take action, other than action by the Commission in determining
and issuing its written findings and conclusions regarding a complaint, inquiry or
request for an advisory opinion, which shall require four affirmative votes of the
Commission members present for the meeting.
2.3. Meetings. Regularly scheduled Commission meetings shall be held on
the third Wednesday in March, June, September and December beginning at
4:00. P.M. Meetings shall be held in the Briefing Center located in the basement
level of City Hall, W. 808 Spokane Falls Blvd.
A regular meeting may be cancelled or rescheduled or a special meeting
scheduled at the direction of the chairperson consistent with the Open Public
Meeting Act. All meetings of the Ethics Commission shall be open to the public.
2.4 Agenda. The chairperson shall prepare the meeting agenda with the
assistance of City staff.
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2.5 Telephonic Participation. Other than meetings to consider and decide
complaints regarding violations of the Code of Ethics, Commission members may
participate in meetings by phone with prior approval of the chairperson.
2.6 Recusal. Commission members who have a conflict regarding a
specific complaint shall recusal himself or herself from hearing that complaint but
shall remain a member of the Commission.
Rule 3. Commission Membership and Staff
3.1 Appointment and Terms. Commission members' appointments and
terms shall be in accordance with SMC 1.04A.080.
3.2 Chairperson. The Commission members shall elect a chair and
vice -chair who shall serve for one year and may be reappointed by the
Commission for one additional term.
3.3 Restrictions on Commission Members. Commission members are
subject to certain restrictions relating to their employment and political activities
as set forth in SMC 1.04A.130.
3.4 Staff Director. The staff director appointed by the City Attorney pursuant
to SMC 1.04A.080 C shall assist the Commission, its chairperson and other
assigned staff with its duties and obligations set forth in Chapter 1.04A SMC. As
part of the employee training process under SMC 1.04A.120, the staff director
may assist individual employees or officials with specific questions regarding
compliance with the Code of Ethics that pertain to the employee or official. The
staff director shall not provide direction or guidance to ethical issues related to
allegations against employees or officials but shall direct those complaints to the
Commission.
Rule 4. Complaint Process
4.1 Filing of Complaints. Complaints shall be filed with the Commission
chairperson or with the staff person assigned to assist the Commission pursuant
to the process set forth in SMC 1.04A.100 and within the time period set forth in
SMC 1.04A.150. Complaints must be written, signed under declaration by the
complainant and directed to the Commission. The complaint shall set forth the
facts which the complainant believes substantiates a violation of the Code of
Ethics and which provisions of the code the complainant believes were violated.
Within five business days of the filing of the complaint with the
Commission, the Chairperson, or his or her designee, shall inform the
complainant that the Commission has received the complaint and shall provide a
copy of the complaint to the employee or official (hereinafter referred to as the
respondent) identified in the complaint as having violated the Code of Ethics.
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4.2 Recording of Complaints. Upon receipt, complaints shall be assigned a
reference number. The Commission shall maintain and keep current for public
inspection a status sheet which shall contain with respect to each complaint: its
reference number, the date received by the Commission, the name of the
complainant, the name of the respondent, and its present status, including the
date of any scheduled hearings.
4.3 Adjudication Process
(1)The Commission shall request an initial written response to the
complaint from the respondent, which shall be filed with the Commission
at least ten business days before the Commission holds an initial meeting
to review the complaint. The initial response shall pertain to whether the
complaint should be dismissed pursuant to SMC 1.04A.110 D. 1. a. — f.
and shall not address the merits of the complaint.
(2) Within thirty calendar days of the receipt of the complaint by the
Commission, the Commission shall schedule an initial meeting to review
the complaint in order to make a determination consistent with SMC
1.04A.110 D.
(3) If the Commission determines the complaint alleges facts which, if
found to be true, would be sufficient to constitute a violation of the Code of
Ethics, it shall meet with the respondent to create a stipulation resolving
the complaint, the determination of compliance and the penalty, if any, to
be imposed consistent with SMC 1.04A.110 E. Such meeting shall be
open to the public.
4.4 Complaint Hearing Process. Complaints that are not resolved through
adjudication under SMC 1.04A.110 D or the stipulation process under
SMC 1.04A.E, shall proceed to an investigation process pursuant to SMC
1.04A.110 F.
4.5 Notice of Hearing and Respondent's Answer
(1) The Commission shall provide notice of the public hearing to the
complainant and the respondent.
(2) The notice shall include the Commission's determination regarding
jurisdiction and the factual allegations, as well as the date, time and place
for the hearing. The notice shall provide that the respondent shall be
entitled to appear in person or otherwise, with or without counsel, submit
testimony, be fully heard, and present and cross-examine witnesses.
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(3) The respondent may file a written answer to the complaint with the
Commission any time after receipt of the complaint but not later than ten
business days prior to the hearing date.
(4) Notice of the hearing shall be provided to all parties no less than
fourteen day before the hearing date, unless the parties stipulate
otherwise.
4.6 Conduct of Hearings
(1) Hearings shall be conducted consistent with SMC 1.04A.110.F. — K.
(2) All hearings conducted under this section are open to the public. The
Commission's deliberations on a complaint shall be conducted consistent
with SMC 1.04A.100 A. 2., the Open Public Meeting Act and other
applicable regulations.
(3) The respondent shall be a party to the hearing and permitted to testify
before the Commission. All parties involved in the complaint are prohibited
from ex parte communication with the Commission. Neither the
complainant nor any other person shall have special standing to
participate or intervene in the investigation or consideration of the
complaint by the Commission beyond that which is permitted by Chapter
1.04A SMC.
4.7 Prehearing Conferences
(1) In any proceeding, the Commission on its own motion or upon request
by a party or their authorized representative may direct the parties to
appear at a specified time and place for a conference to consider:
(a) Simplification of issues;
(b) The necessity of amendments to the hearing notice;
(c) The possibility of obtaining stipulations, admissions of facts and
of documents;
(d) Limitation on the number of witnesses; and
(e) Procedural and such other matters as may aid in the disposition
of the proceeding.
(2) Following the prehearing conference, the chairperson shall issue an
order reciting the action taken and decisions made at the conference.
Rule 5. Procedures Applicable to Advisory Opinions
The Commission shall issue advisory opinions upon request with regard to the
application of the Code of Ethics pursuant to Chapter 1.04A.170 SMC and the
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rules adopted under the chapter. The following procedures apply to requests for
advisory opinions:
(1) Requests for advisory opinions may be made by any person subject to
the Code of Ethics. A request must be stated hypothetically unless the
individual requests a specific opinion concerning his or her own
conduct and situation. Requests must be written, signed, and directed
to the chair of the Commission. Requests shall supply such information
as the Commission requires enabling it to issue the opinion.
(2) Within five business days of the filing of the request for an advisory
opinion with the Commission, the Chairperson, or his or her designee,
shall inform the party filing the request that the Commission has received
the request and of any subsequent meeting.
(3) The Commission shall within sixty calendar days either:
(a) Issue a written advisory opinion; or
(b) notify the person requesting such opinion that the request is
denied and the reason(s) for the denial.
(4) Upon receipt, requests shall be assigned a reference number. The
Commission shall maintain and keep current for public inspection a status
sheet which shall contain with respect to each request: Its reference
number, the date received by the Commission, and its present status.
(5) The Commission shall make available to the public copies of the status
sheets and advisory opinions issued by the Commission.
Rule 6 Penalties
6.1 Purpose. The purpose of this rule is to set forth the criteria that the
Commission may consider when imposing penalties for a violation of chapter
1.04A SMC.
6.2. Criteria for Determining Sanctions.
In determining the appropriate penalties, including the amount of any civil
penalty, the Commission may consider the following factors, as well as other
factors which the Commission may find appropriate in a particular case:
(1) The monetary cost of the violation, including:
(a) The cost of the violation to the City;
(b) The value of anything received or sought in the violation;
(c) The amount of any damages incurred by the City as a result of
5
the violation;
(d) The costs incurred in enforcement, including reasonable
investigative costs;
(2) The nature of the violation, including whether the violation:
(a) Was continuing in nature;
(b) Was motivated by financial gain;
(c) Involved criminal conduct;
(d) Impaired a function of the agency;
(e) Tended to significantly reduce public respect for or confidence
in city government or city government officers or employees;
(f) Involved personal gain or special privilege to the violator;
(3) Aggravating circumstances, including whether the violator:
(a) Intentionally committed the violation with knowledge that the
conduct constituted a violation;
(b) Attempted to conceal the violation prior to the filing of the
complaint;
(c) Was untruthful or uncooperative in dealing with the Commission
or the Commission's staff;
(d) Had significant official, management, or supervisory
responsibility;
(e) Had committed prior violations found by the Commission;
(f) Incurred no other sanctions as a result of the violation;
(4) Mitigating factors, including:
(a) Prior corrective action taken against the violator;
(b) Prior recovery of damages to the state;
(c) The unethical conduct was approved or required by the
violator's supervisor or agency;
(d) The violation was unintentional;
(e) The violator relied on advice from Commission staff or
designated ethics advisers;
(f) Other mitigating factors deemed relevant by the Commission.
6.3. Process for Implementing Decision.
The Commission may utilize all available procedures to implement its
decision including providing a copy of the decision to the appropriate
administrative officer or commission or board chairperson.
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Gender and Racial Equity
at the City of Spokane
Prepared by the Gender and Race Pay Equity Task Force
Gender and Race Pay Equity Task Force
The Gender and Race Pay Equity Task Force was established by the Spokane City Council on May
18, 2015. The mission of the Task Force was to make recommendations on policies, practices and
strategies for the Mayor, City Council and the private sector to decrease gender and race -based pay
disparities in our community.
Members of the Task Force represent Spokane City Council, the City of Spokane Civil Service
Department, the City of Spokane Human Rights Commission, representatives of businesses and
business associations and academic and nonprofit leaders.
This report outlines the Task Force's recommendations to City Council and the Mayor to achieve pay
equity.
- Candace Mumm, Spokane City Councilmember (District 3)
Karen Stratton, Spokane City Councilmember (District 3)
Blaine Stum, Chair of the Spokane City Human Rights Commission
- Andrea Fallenstein, Senior Lecturer of Sociology and Criminal Justice at Gonzaga University
- Gita George -Hatcher, Chief Examiner of Civil Service at the City of Spokane
Nicole Goes, Exam and Classifications Analyst with City of Spokane Civil Service Department
- Rachel Giachetti, Accountant at the City of Spokane & Representative of Local 270
Christopher Zillar, Membership Coordinator with the Inland Northwest Business Alliance
Dori Sonntag, Director of Development at Gonzaga University
- Gloria Ochoa, Director of Multi -Cultural Affairs at the City of Spokane
- Sara Dice, Public Policy Coordinator for Greater Spokane Incorporated
Richard Rush, Legislative Aide to Councilmember Candace Mumm
- Skyler Oberst, Legislative Aide to Councilmember Karen Stratton
Primary Author(s): Blaine Stum, Andrea Fallenstein
Contributors: Nicole Goes, Candace Mumm, Rachel Giachetti, Sara Dice, Zoe Dugdale
Understanding the Wage Gap
Women ma.ce
78 cents for every
collar a man
makes in S ookane.
The wage gap is a national phenomenon: Across the United States, women earn 78 cents for
every dollar earned by a man. When race is taken into consideration along with gender, the
gap grows even larger. While a portion of the gap can be explained by "human capital" factors such
as career path and life and work balance, a sizeable part of the gap remains. A 2007 study (Blau
& Kahn), found that after accounting for occupation, industry, work experience, union status and
educational attainment, 41 percent of the wage gap was left unexplained. How can this be?
Women and people of color encounter implicit bias and discrimination in education and the
workplace. In male dominated fields, women are less likely to be interviewed, and when they assert
themselves in wage negotiations or pursue jobs that are traditionally considered masculine; they
experience bias from hiring managers.
Women of color not only experience gender bias but implicit racial bias. African American
employees constantly receive fewer call backs for interviews, and are rated lower in performance
evaluations even when accounting for worker productivity and other demographic variables.
Asian
Spokane's Wage Gap (Private Sector)
21,422
„,.
Black
2 ,926
Two or More Races
0,417
atina
4,949
Native American/Alaska Native
2,864
hi e
Table 1— Median earnings by gender and race within the City of Spokane
In 2014, working women in the City
men. This translates to annual gap of
In 2009, working women earned 82.7
grew by 4.4 percent in five years.
6,502
Private Sector).
of Spokane earned 78.3 percent of the earnings of working
$10,209.
percent of the earnings of working men. This means the gap
80%
70%
60%
50%
40%
30%
20%
10%
100%
80%
60%
40%
20%
0%
Median Earnings as a Percent of White Male Median Earnings
Asian Women
Black Women
Two or More Races
American Indian/
Alaska Native Women
Hispanic Women
White Women
Data: U.S. Census Bureau, American Community Survey 2014 (5-Year Estimates), Median Income by Sex by Race/Ethnicity.
Wage Gap (Women)
Public vs Private Sector Wage Gap
for Women and Women of Color
Wage Gap (Women)
Public Secto
Wage Gap (WOC)
ivate Sector
Wage Gap (WOC)
The Wage Gap in Government: City of Spokane, Washington
Women at the City of Spokane make 85 cents for every dollar made by their male counterparts.
Women of color make 84 cents for every dollar a white man makes at the City.
White Women
60.158
Men of Color
69,98
omen of Color $59,422
Table 2 — Base Salary by gender and race for employees at the City of Spokane
Women are vastly overrepresented in clerical or sectorial jobs, and underrepresented in
Police, Fire and more labor intensive jobs within the City. 92 percent of jobs that are clerical or
secretarial in either title or nature are held by women.
Employee Demographics
Women ma to up
48% of the wort
force inside the
City of Spokane...
But only 2z-% of
employees at the
City of Spokane.
11111111111111111
11111111111111111
IIIIIIIIIIIIIVO
10000000000,
11111111111111111
Demographics of City employees
vs. Private Sector workforce
Other
Asian
Latino(a)
Native American
Black
White
% of Employees Who Work for City % of Workforce Inside Spokane
The percent of employees surveyed
who said performance and
qualifiactions influence who is
successfull at the City of Spokane.
Workforce Climate Survey
Percent of employees surveyed
who do not know or believe
their department offers support
or services for workplace
discrimination regarding race.
Percent of employees surveyed
who did not know or did not
believe their department offers
services orsupport for workplace
discrimination involving women.,
Percent of women surveyed
who said they have been bullied
or harassed due to their gender.
How Do We Stack Up?
Seattle and Tacoma have been working on gender and race pay equity in the private and public
sectors. This gives us an opportunity to see how we fare in comparison to them.
80%
70%
6 0%
50%
40%
30%
20%
1 0%
0%
Spokane
Gender Demographics of Government
Employees
National
Seattle
% Female Employees
% Male Employees
Seattle - Gove n en
Tacoma
65°/
50
Tacoma — Governmn
81°/
9°
Spokane
87°/
Spokane — Government 91.5%
8.5%
Table 4 Demographics of the private sector workforce of Seattle, Tacoma and Spokane, and government employees at each city by race,
Closing the Gap: Solutions for a Better Future
Closing the wage gap at the City of Spokane would have profound impacts on everyone: If wages
were equitable for employees at the city, it would increase income for women and people of color by
more than a collective S4.8 million every year. Accounting for a multiplier effect, this means an extra
$5.45 million in economic activity in the City of Spokane.
This report is not just meant for government officials however. The Task Force hopes that private
companies will join the City of Spokane in working to close the pay gap. Equitable wages across the
city would result in an estimated $600 million in economic activity.
For families struggling to get by, the result would be especially impactful. Depending on the size of the
household, the data used and variables considered, a family wage that affords households enough
to cover essential costs can range anywhere $44,000 to $66,000. For many women, and especially
women of color, in a single -income household a family wage is currently out of reach.
The solutions presented in this report can be adapted to different occupations and industries, firm
sizes and geographical locations. They are meant to provide a starting point to work from, not be an
"end all, be all" list of recommendations.'
1 For more information on these recommendations and the data contained in this executive summary please see
the full Gender and Racial Equity at the City of Spokane report.Visit htt s: .s okanecit
Summary of Recommendations
Pay Equi
Y
• Publish salaries of current employees in an easily accessible format.
• Provide salary negotiation workshops for women at the City of Spokane.
Audit the point factor system Human Resources uses to determine salaries
for exempt and classified positions.
2. Recruitmen
Actively recruit women and people of color for Exe
positions.
p
and Manageria
Build a recruitment plan with local colleges and community organizations
to increase diversity.
Market jobs at the City of Spokane in a way that attracts a diverse workforce.
• Train staff who engage in direct outreach and recruitment strategies to
diversify the applicant pool.
Set performance measures for departments and divisions at the City of
Spokane by 2017.
Retention
• Survey employees to gauge perceptions of the workplace climate and
areas where the city can improve.
Create multi -year Workplace Climate plans that include specific deliverables
on how divisions and departments will improve the job environment.
• Train supervisory and management staff to be aware of gender and racial
bias.
Restart exit interview program at the City of Spokane.
4. Flexible Workplace
• Provide on -site or subsidized childcare and a nursing lounge at city hal
Promote and expand flexible workplace policies.
. Unbiased Hiring
Review job descriptions to ensure an equitable balance of masculine and
feminine language exists.
• Create an applicant screening process that is gender and race blind.
Conduct anonymous surveys of test takers to discern areas to improve
upon.
. Opportunity
Conduct annual analysis of the demographics of Boards and Commissions
to discern areas for improvement.
Perform outreach to diverse communities for inclusion on Boards and
Commissions.
• Seek input from employees and labor representatives on performance
evaluation criteria.
Establish a formal mentoring program for women and people of color at
the City of Spokane.
Conduct comparative performance reviews.
City of Maki a
Ethics Equal _' ights Co ittee
Research on:
Vancouver, WA — Boards and Commissions
January 19, 2017
.1`. Attached is a list of the hoards and commissions that the City of Vancouver currently has
in place.
Also attached is a small report; Vancouver, Washington, By the Nuntbers,
.4. I called the City Manager's Office of Vancouver and spoke to the Volunteer Coordinator,
Ms, Flailey Elcath, I inquired about their committees, While they do not have an Ethics
Committee for the City of Vancouver, they do have an Ethics Committee for their
internal employees of Varlet:toyer City Hall.
°I. I was curious about speakiiig to a city that did have some form of an Ethics and/or Equal
Rights Committee so that 1 could see which routes and steps they are taking,
• I looked into Bellevue, no such committee exists there.
• I looked into Bellingham, no such committee exists there.
+ 1 looked into Everett, no such committee exists there,
+ I looked into Kirkland, no such committee exists there.
The Mgt that I hit numerous dead ends speaks volumes, to mg it says that mat enough cities
here hi Washington State ore taking the initiative to look into this issue. The topic of ethical
treatment and equal rights for our citizens across the state is an important issue, arid I 1 r one
am happy to be part old pity that determined this moist be addressed.
At this point I am very anxious to see what my fellow committee members found with their
research.
RESPEC"IPLILLY suakirr"I'ED,
!sang rarcia, Secrettith