(The Center Square) – The Spokane City Council proposed ethics code amendments Monday that could delay publication of complaints until after a “preliminary” review from the mayor’s appointed attorney.
The proposal coincides with an investigation into Police Ombuds Bart Logue, a report on which The Center Square has repeatedly requested copies of ahead of a Jan. 31 deadline for its filing. The Ethics Commission dismissed complaints against the mayor and council majority after an independent probe last October.
The seven-member commission is appointed by the mayor and confirmed by the council, as is the city attorney, who is responsible for “referring” complaints against sitting officials to a neutral investigator.
According to Monday’s Finance & Administration Committee agenda, “additional changes are necessary to ensure that publication of complaints occurs only after initial review.” Another change would require the commission to dismiss complaints if the city attorney’s chosen investigator recommends dismissal.
“Our recommendation is, once the hearing is concluded, that all the material be posted,” City Attorney Mike Piccolo said. “All this material is public record, so if there is a public records request, it’s going to be disclosed, but we just want to have some sequence and some clarity to how we post it [online].”
Not every complaint leads to an ethics hearing, but if it does, it could delay publication of materials, along with other provisions providing the city greater flexibility over what it publishes online and when.
Local law currently requires the city to upload “all advisory and adjudicative materials” within 30 days of “receipt or issuance of the material.” Those include, but are not limited to, “the initial review by the city attorney, pleadings and party submissions, investigative reports and decisions of the commission.”
The proposed changes would amend those materials to “advisory opinions, preliminary review of complaints by the city attorney, … investigative reports … and concluded adjudicative materials.” The keyword is “concluded,” narrowing the scope of what Spokane must publish online during an active investigation.
The agenda lists the City Attorney’s Office as the submitting department, with Council President Betsy Wilkerson and Councilmember Paul Dillon as sponsors. The last time the council completely revamped the ethics code was in 2024. Piccolo said these new changes address areas that needed “clarification.”
“It just gets very convoluted,” he told the council, “… those are the clarifying changes we recommend.”
He said his preliminary review typically takes about five days, and recommends that the city publish it online at the same time as the complaint. Piccolo said those would “most likely” be available before an investigative report, but if not, they would all be published online together rather than one at a time.
Local law allows an investigator up to 45 days to submit a report, and the commission can extend that if necessary. If the report provides grounds for a hearing, publication could take months or longer. The last ethics hearing was in 2023, months after the complaint, according to the commission’s website.
Piccolo said hearings often require filing materials daily, so he wants to wait until after any hearings.
The proposal doesn’t require immediate publication of a complaint or specify when Piccolo must begin the preliminary review process, which he said takes five days. The changes mainly narrow what the city must publish while providing flexibility, as long as publication occurs within 30 days of receipt.
The proposed amendments retain language that allows the commission to redact or withhold materials upon the city attorney’s recommendation under the state Public Records Act. However, Spokane would still have to provide any non-exempt records under that law upon request, as Piccolo had mentioned.
He explained the changes for just a few minutes on Monday, with little council commentary, aside from support for granting the state’s Public Disclosure Commission jurisdiction upon an identical complaint.
The council will likely consider amendments at another committee meeting or during an agenda review meeting.
