Nerditorial: So, You Want To File An Ethics Complaint...

(Big Ass Disclaimer: I am no legal expert. My opinions are that of a lay person with no legal training. This article is no substitute for the advice of a licensed attorney.)

After filing two ethics complaints with the Whatcom County Code of Ethics... and after finding myself scraping the bottom of the barrel for what to write about for a Nerditorial... I'm going to give the readers of Latte Republic the benefit of my counsel on Ethics Complaints toward Whatcom County.

Considering the persistent actions of our County government, it may be extremely tempting to insist that the Code of Ethics be enforced. In the event that you chose to file an ethics complaint, here are my recommendations:

Recommendation #1: Don't.
It is deadly serious to publicly accuse an elected official of a breach of ethics. This is not a game, and it should never be done lightly.

Recommendation #2: No, seriously. Don't.
Dude. This will eat up a lot of your time, and you will get none of that time back. See if you can get your friends to talk you out of filing the complaint.

Recommendation #3: Try and resolve the matter informally before filing a complaint.
Before filing a complaint, make a concerted effort to resolve the matter with the County by other means. Get those efforts in writing (I used email in my last effort leading up to a complaint). Either you will get the resolution that you are seeking and not have to file a complaint, or you will have a record of your attempts to resolve the matter before you filed a complaint.

Recommendation #4: Read WCC 2.104
This is the Code of Ethics. You need to read this entire code before you even contemplate filing a complaint.

Recommendation #5: Read WCC 2.104.110 thoroughly.
This is the portion of the Code of Ethics that describes how to file a complaint. Read it over several times. You have to follow the instructions thoroughly or your complaint will be kicked back to you.

Recommendation #6: Find a notary.
Your complaint needs to be notarized. I know this because I read WCC 2.104.110. Most banks and credit unions will notarize documents for their customers.

Recommendation #7: Get all of your information into the complaint upfront.
You will not be able to get new information into the record after your complaint has been filed. So make sure that you get every piece of information that you think is relevant into the complaint. This isn't an excuse to write some long ass document. Just make sure that you have all the relevant facts in writing before filing. Include any effort you made to resolve the matter before you filed the complaint.

Recommendation #8: Show me the money.
In philosophy, ethics is an esoteric human condition. This is not a philosophy class. In the sphere of politics, ethics boils down to money. If you can't find a dollar amount to fix to the conduct, you are probably not dealing with an ethical violation. Your ability to get the Ethics Commission to perk up hinges on your ability to show that money was inappropriately lost or gained by virtue of the conduct filed in your complaint. You need to prove that harm was done, and that harm needs to be expressed in dollars. Proving a politician is exercising poor judgment doesn't prove that politician is unethical. Sorry.

Recommendation #9: Be ready to appeal
If you actually want the Code of Ethics enforced, you must be prepared to appeal the decision of the Commission in Superior Court.

The Ethics Commission, as it is currently composed, is manifestly unwilling to take any action against any County official. In my opinion, the Ethics Commission is just not able to pull the trigger. I am convinced that the current members of the Ethics Commission will not take any action unless a complainant proves an elected official actually committed a crime.

This is not supposed to be the standard for a complainant. The Ethics Commission is supposed to hold a complainant to the legal standard of "by a preponderance of the evidence." Also, the Commission is supposed to function in the same manner as a civil court. A complainant is supposed to prove a tort (that harm was done by the official's conduct). But the current position of the Ethics Commission is that if statutory law wasn't violated, then there is no ethical violation either.

My last complaint asserted "irreparable harm". In the Ethics Commission's written decision to choose not to take up my complaint, it claimed that even if I proved all of the facts of my case, there would still be no ethical violation.

For those of you who didn't go to law school, that means that even if I had proven that the respondent had caused financial harm to the County, the Ethics Commission still wouldn't have found it unethical because statutory law was not explicitly violated.

I call Bravo Sierra on that, but such is life.

I didn't appeal the decision because I didn't have the financial wherewithal to take the complaint any further than the Ethics Commission.

But if you do have the wherewithal to take a complaint further, I recommend going long...

Recommendation #10: Be ready to appeal in Skagit County Superior Court.
(At this point, the "don't" recommendations must be looking pretty good by comparison.)

According to the RCW (state law), it seems to me that you can appeal a decision at a neighboring county Superior Court jurisdiction. That is the course I recommend.

You see, the Whatcom County Superior Court is funded by the Whatcom County Council. To have a court rule on the ethics of the body that determines that court's funding is kind of awkward in the same sense that Washington State is kind of rainy.

Recommendation #11: Hell to the Don't.
Bottom line: If you ever get the desire to file an ethics complaint to the Whatcom County Ethics Commission, just lie down until the feeling goes away. You will be better for it in the long run.

'Nerd Out.