KING COUNTY OFFICE OF CITIZEN COMPLAINTS/TAX ADVISOR 2.52 Chapter 2.52 KING COUNTY OFFICE OF CITIZEN COMPLAINTS/TAX ADVISOR Sections: 2.52.010 2.52.020 2.52.030 2.52.040 2.52.050 2.52.080 2.52.090 2.52.100 2.52.110 2.52.120 2.52.130 2.52.140 2.52.150 2.52.160 2.52.170 Definitions. Establishment of offce. Appointment of director. Qualifications. Term of offce. Organization of offce. Powers. Matters appropriate for investigation. Action on complaints. Right to present witnesses - Consultation with agency. Recommendations. Publication of recommendations. Written reports. Disciplinary action against public personneL. Rights and duties of witnesses - Enforcement of subpoenas. (King County 3-2010) 2-149 BLANK 2?150 KING COUNTY OFFICE OF CITIZEN COMPLAINTS/TAX ADVISOR 2.52.010 - 2.52.080 2.52.010 Definitions. As used in this chapter, the term: A. "Administrative agency" means any department, offce or other governmental unit, or any employee of King County acting or purporting to act by reason of a connection with the county; but "administrative agency" does not include: 1. Any court or judge or appurtenant judicial staff, 2. The members or staffs of the county council, 3. The King County executive or his respective personal staff, 4. The county prosecuting attorney or his staff. For purposes of this chapter "administrative agency" shall specifically include the Board of Equalization/Appeals. B. "Administrative act" includes every action (such as decisions, omissions, recommendations, practices, or procedures) of an administrative agency. (Ord. 11107 § 2, 1993: Ord. 5869 § 1, 1982: Ord. 473 § 1, 1970). 2.52.020 Establishment of office. The King County offce of citizen complaints/tax advisor is established. (Ord. 11107 § 3, 1993: Ord. 5869 § 2, 1982: Ord. 473 § 2, 1970). 2.52.030 Appointment of director. The director of the office of citizen complaints/tax advisor shall be appointed by a majority of the members of the county counciL. (Ord. 11107 § 4, 1993: Ord. 5869 § 4, 1982). 2.52.040 Qualifications. The director shall be a registered voter of the United States, shall hold a degree from an accredited college or its equivalent in service to government, shall have a working knowledge of legal and administrative procedures, and shall have experience, and/or knowledge in local government commensurate to the powers of the offce. During the term of which he is appointed, he shall be ineligible to hold any other public offce of employment. He shall not be a candidate for any public offce for a period of two years following the completion of his term as director of the King County offce of citizen complaints/tax advisor. The director shall not be included in the classified civil or career service of the county. (Ord. 11107 § 5, 1993: Ord. 5869 § 5, 1982: Ord. 473 § 4, 1970). 2.52.050 Term of office. The director shall serve for a term of five years, unless removed by a vote of two-thirds of the members of the county council upon their determination that he has become incapacitated or has been guilty of neglect of duty, misconduct or political activity. The council may appoint an interim director pending the appointment of a new director whenever the term of the director has expired or the offce otherwise becomes vacant. (Ord. 10340 § 1,1992: Ord. 5869 § 6,1982: Ord. 473 § 5,1970). 2.52.080 Organization of office. A. The director shall serve as propert tax advisor for King County in accordance with RCW 84.48.140. B. The director may with concurrence of the council select, appoint and compensate, within the amount available or budgeted by appropriation, such other assistants and employees as the director deems necessary to discharge his or her responsibilities under this chapter. The assistants and employees shall not be included in the classified civil or career service of the county. C. The director may delegate to other members of his or her staff any of his or her authority or duties under this chapter except this power of delegation and the duty formally to make recommendations to administrative agencies or reports to either or both the executive and the counciL. (Ord. 15393 § 1, 2006: Ord. 11107 § 6, 1993: Ord. 5869 § 9, 1982: Ord. 473 § 8, 1970). (King County 3-2010) 2-151 ADMINISTRATION 2.52.090 - 2.52.110 2.52.090 Powers. The director shall have the following powers: A. To investigate, on complaint or on his own, any administrative act of any administrative agency; B. To prescribe the methods by which complaints are made, received and acted upon; he may determine the scope and manner of investigations to be made; and, subject to the requirements of this chapter, to determine the form, frequency and distribution of his conclusions and recommendations; C. To request and he shall be given by each administrative agency the assistance and information he deems necessary for the discharge of his responsibilities; he may examine the records and documents of all administrative agencies; and he may enter and inspect premises within administrative agencies' control; D. To administer oaths and hold hearings in connection with any matter under inquiry; E. To issue a subpoena to compel any person to appear, give sworn testimony or produce documentary or other evidence reasonable in scope and generally relevant to a matter under inquiry; however, the subpoena power shall be limited to matters under written complaints by a citizen of the city or county; F. To undertake, participate in, or cooperate with general studies or inquiries, whether or not related to any particular administrative agency or any particular administrative act, if he believes that they may enhance knowledge about or lead to improvements in the functioning of administrative agencies. G. To investigate and enforce the provisions of the Code of Ethics, K.C.C. Ch. 3.04, pursuant to the terms thereof. H. To provide advice to any person liable for payment of propert taxes in King County, including the process for appealing propert tax assessments and other matters related to propert taxes. (Ord. 11107 § 7, 1993: Ord. 9704 § 11, 1990: Ord. 473 § 9, 1970). 2.52.100 Matters appropriate for investigation. A. In selecting matters for his attention, the director shall address himself particularly to an administrative act that might be: 1. Contrary to law or regulation; 2. Unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's functioning; 3. Arbitrary in ascertainment of facts; 4. Improper in motivation or based on irrelevant considerations; 5. Unclear or inadequately explained when reasons should have been revealed; 6. Ineffciently performed; or 7. Otherwise objectionable. B. The director also may recommend strengthening procedures and practices of administrative agencies. (Ord. 473 § 10, 1970). 2.52.110 Action on complaints. A. The director shall receive complaints from any source concerning any administrative act. He shall conduct a suitable investigation into the subject matter of the complaint within a reasonable time, unless he believes that: 1. The complainant has available to him another remedy or channel of complaint which he could reasonably be expected to use; . 2. The grievance pertains to a matter outside the power of the offce of citizen complaints/tax advisor; 3. The complainant's interest is insuffciently related to the subject matter; 4. The complaint is trivial, frivolous, vexatious or not made in good faith; 5. The complaint has been too long delayed to justify present examination of its merit. B. After completing his consideration of a complaint (whether or not it has been investigated) the director shall suitably inform the complainant and the administrative agency or agencies involved. C. A letter to the director of the offce of citizen complaints/tax advisor from a person in a place of detention or in a hospital or other institution under the control of an administrative agency shall be forwarded immediately, unopened, to the director. (Ord. 11107 § 8, 1993: Ord. 473 § 11, 1970). (King County 3-2010) 2-152 KING COUNTY OFFICE OF CITIZEN COMPLAINTS/TAX ADVISOR 2.52.120 - 2.52.160 2.52.120 Right to present witnesses - Consultation with agency. A. Any individual who is the subject of a complaint shall have the right to present witnesses and other evidence in his own behalf prior to disclosure of any conclusions or recommendations by the director. B. Before publishing a conclusion or recommendation that criticizes an administrative agency or any person, the director shall consult with the agency or person and shall disclose fully the critical findings he intends to publish. (Ord. 473 § 12, 1970). 2.52.130 Recommendations. A. If, having considered a complaint and whatever material he deems pertinent, the director is of the opinion that an administrative agency should: 1. Consider the matter further; 2. Modify or cancel an administrative act; 3. Alter a regulation or ruling; 4. Explain more fully the administrative act in question; or 5. Take any other step, he shall state his recommendations to the administrative agency. If the director so requests, the agency shall inform him, within the time he has specified, about the action taken on his recommendations or the reasons for not complying with them. B. If the director believes that an administrative action has been dictated by laws whose results are unfair or otherwise objectionable, he shall bring to the attention of the council his views concerning desirable legislative change. (Ord. 5869 § 10, 1982: Ord. 473 § 13, 1970). 2.52.140 Publication of recommendations. The director may publish his conclusions, recommendations and suggestions by transmitting them to the county executive, the county councilor to any appropriate committee of the council, the press and others who may be concerned. When publishing an opinion criticizing an administrative agency or person, the director, unless excused in writing by the agency or individual affected, shall include such statement or document that may have been made available to him by way of explaining past conduct or present rejection of the director's proposals. The director shall not publish any interim or confidential reports. (Ord. 5869 § 11, 1982: Ord. 473 § 14, 1970). 2.52.150 Written reports. In addition to whatever reports he may make from time to time, the director on the fifteenth day of January, May and September of each year shall report to the county council concerning the exercise of his functions during the preceding calendar period. In discussing matters with which he has dealt, the director need not identify those immediately concerned if to do so would cause unnecessary hardship. Insofar as the report may criticize named agencies or persons, it must also include their replies to the criticism. (Ord. 5869 § 12,1982: Ord. 473 § 15,1970). 2.52.160 Disciplinary action against public personnel. If the director has reason to believe that any public offcial, employee or other person has acted in a manner warranting criminal or disciplinary proceedings, he shall refer the matter to the appropriate authorities. (Ord. 473 § 16, 1970). (King County 3-2010) 2-153 ADMINISTRATION 2.52.170 2.52.170 Rights and duties of witnesses - Enforcement of subpoenas. A. A person required by the director to provide information shall be paid the same fees and allowances, in the same manner and under the same conditions, as are extended to witnesses whose attendance has been required in the courts of this state, excepting that city or county employees who are receiving compensation for the time that they are witnesses shall not be paid the set fees and allowances. B. A person who, with or without service of compulsory process, provides oral or documentary information requested by the director shall be accorded the same privileges and immunities as are extended to witnesses in the courts of this state. C. Any witness in a proceeding before the offce of citizen complaints/tax advisor shall have the right to be represented by counseL. D. If a person fails to obey a subpoena, or obeys a subpoena but refuses to testify when requested concerning any matter under examination or investigation at the hearing, the director may petition the Superior Court of King County for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, and shall set forth in what specific manner the subpoena has not been complied with, and shall ask an order of the court to compel the witness to appear and testify before the offce of citizen complaints/tax advisor. The court upon such petition shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and then and there to show cause why he has not responded to the subpoena or has refused to testify. A copy of the order shall be served upon the witness. If it appears to the court that the subpoena was properly issued and that the particular questions which the witness refuses to answer are reasonable and relevant, the court shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers and on failng to obey the order the witness shall be dealt with as for a contempt of court. (Ord. 11107 § 9, 1993: Ord. 473 § 18, 1970). (King County 3-2010) 2-154