Code of Ethics

prevent misconduct, promote public trust

It's not illegal for a County Commissioner to orchestrate a coverup for a multi-million dollar blunder caused by his campaign's top contributor. It's also not illegal to funnel funds meant for completing a public road into the hands of that same political donor. And it's not illegal for a county commissioner to make a promise to his constituents via resolution and then make every attempt to break that promise.

It's not illegal, it's unethical.

Clallam County has a Code of Ethics that "requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government."

The Clallam County Code of Ethics prohibits several kinds of unethical behavior.  The code also says, "All public officials and public employees shall bring personal knowledge of any violation of this code of ethics to the attention of the department head, or the Prosecuting Attorney, or the Board of County Commissioners, within ten days of acquiring such knowledge."  

In January of this year, after it was discovered that Commissioner Mark Ozias used his office as County Commissioner for personal gain to attempt to prevent a gravel pit from reopening next to his primary residence, an ethics complaint was filed with the county's prosecuting attorney office.

The filer wasn't a public official or public employee as the code instructed; he was just a taxpayer, citizen, and resident.  However, the complaint outlined several apparent code violations:

• Commissioner Ozias requested via email that a private landowner connect "NOT on county time or my county device to follow up."

• Commissioner Ozias promised the same landowner taxpayer-funded, automatic, electric gates that would close a public road to everyone except a handful of exclusive residents: "I promise I will stay on top of it and make sure we get the gate done."

• Commissioner Ozias inaccurately stated that he had received an "upswell of support" from hundreds of signatures and several petitions requesting that Towne Road be closed.  That data was false, but it was the reason for halting the project.

• Commissioner Ozias had no authority to halt the project.  The County's language states that the code was created to ensure that "government decision and policy be made in the proper channels of the governmental structure."

• Commissioner Ozias neglected his duty to be "fair and impartial" when prioritizing the desires of one neighborhood and a single landowner over the greater community's needs. 

• While dealing with the landowner, Commissioner Ozias continued to directly represent the county even though the landowner had stated he was represented by legal counsel.  This communication should have been conducted between the attorneys of the county and the landowner.

• Commissioner Ozias' disregard for county policy increased the County's exposure to risk. The house fire north of the Towne Road closure and the fire chief’s remarks were used as examples. Language from the County's insurance policy was cited.

• Commissioner Ozias used his elected public office for personal gain by stopping the reopening of the Happy Valley Gravel Pit.

Clallam County's publicly elected Prosecuting Attorney, Mark Nichols, declined to investigate the complaint.  He stated, "there is no statute that authorizes, much less directs, the prosecuting attorney to conduct ethics investigations at the behest of citizens. Consequently, the prosecuting attorney has no duty, nor statutory authority, to conduct the requested investigation."

The filer of the complaint sent a second email:

Dear Mr. Nichols,

Thank you for your prompt reply.  I have a couple follow-up questions:

1) What office would conduct an ethics investigation of a County Commissioner?  I'm familiar with a State ethics board, but they do not investigate County employees.

2) I understand that your office cannot conduct an ethics investigation at the behest of a citizen.  At the behest of whom would your office be allowed to conduct an ethics investigation of a County Commissioner?

Sincerely,

Jeff Tozzer

Prosecuting Attorney Nichols replied:

Mr. Tozzer:

I am ethically prohibited from providing you with legal advice and so am limited in my ability to respond to your questions.  That said, and as explained in the footnote to my letter sent earlier today, Clallam County Code (CCC) 3.01 identifies a reporting structure for public officials or public employees who possess personal knowledge of any violation of the county’s code of ethics.  See CCC 3.01.030 (11).  I would note that even were the Clallam County Prosecuting Attorney’s Office to receive a report of an ethics complaint from a public official or public employee – as those terms are defined within the code – the office would not investigate because as is explained in my letter sent earlier today, it lacks statutory authority to do so.

By way of contrast, when a death is reported to the Coroner’s Division of the Clallam County Prosecuting Attorney’s Office, it will conduct an investigation because: 1) coroner’s are statutorily authorized to conduct investigations under Chapters 36 and 68 of the Revised Code of Washington, and 2) the Coroner’s Division employs three individuals who are trained and certified through the Washington State Criminal Justice Training Commission (CJTC) to conduct forensic medicolegal death investigations. 

I hope this better explains our office’s function and capabilities. 

Best,

Mark Nichols

Clallam County Prosecuting Attorney/Ex-Officio Coroner

Clallam County has a Code of Ethics, but no mechanism exists to enforce it.  It's like having a speed limit without the ability to write tickets.  Our elected leaders are encouraged to act ethically, but there will be no consequences if they don't.  While violating ethics is not criminal, it could be a civil violation.  In 2006, three commissioners removed language that gave the Code of Ethics any clout, and they rewrote it to remove civil penalties:

Ordinance 796, which removed the civil penalties for violating the Code of Ethics, was signed by two Clallam County Commissioners on June 6th, 2006.  The third commissioner was excused.

The power of a Code of Ethics in Clallam County has been deliberately removed, but it can be restored.

A "Home Rule Charter" is essentially a county's "Constitution."  A county with a charter has more control over its local government, which may differ from what is prescribed by state law. Only seven counties operate under a Home Rule Charter in Washington, and Clallam County is one of them.

Our county's charter has given us the nation's only elected Department of Community Development Director and determined whether we elect commissioners by district or county-wide. The county can review and consider changing the charter every five years—next year is the fifth year.

The Charter Review Commission comprises five elected commissioners from each of Clallam County's three districts. Fifteen Charter Review Commissioners, elected this year, will spend 2025 reviewing Clallam County’s Home Rule Charter, listening to constituents, and considering any changes to the charter.

The term only lasts one year, but the elected charter review commission can greatly influence local control over government affairs during that time.  The commission, working with engaged constituents of Clallam County, could choose to reinstate the civil penalties of the Code of Ethics and send the message to elected leaders that unethical behavior has consequences.

Without ethical behavior, trust and leadership begin to erode. Without leadership, special and private interests rush to fill the void where oversight and stewardship once were.

The following candidates filed to run for Clallam County’s Charter Review Commission. The Charter Review Commissioner districts are identical to the Board of Commissioners districts and are (roughly) District 1, Sequim area to Carlsborg; District 2, Carlsborg to west Port Angeles; and District 3, west Port Angeles to West End Communities.

District 1

• Derek Huntington

• Christine Charters

• Jim Stoffer

• Bill Benedict

• Susan Fisch

• Jeff Tozzer

• Alex Fane

• Sarah Kincaid

• Tom Ash

• Charles Main

District 2

• Paul J. Pickett

• Sandi Lytle

• Patti Morris

• Ron Cameron

• Holden A. Fleming

• Chris Noble

• Karen Wahlsten

• Ron Richards

• Richard Wade

• Debby Fuson

• Katina Hester

• Marolee Smith

• James Taylor

• Rae Heselbach

• Jamie Porter

District 3

• Mark Hodgson

• Cathy Walde

• Karen O’Donnell

• Rod Fleck

• Daniel Harris

• Christy Holly

• John Hauck

• Paul Kolesnikoff

• Nina Sarmiento

• Brian Heberling

• Steven C. Pelayo

• Tyson Hester