[4-8-2015; 2016 Code]
There is hereby created an ethics board the purpose of which
shall be to administer and enforce title 1, chapter 16, of this code.
When used in this chapter the word "board" means the ethics board.
[4-8-2015; 2016 Code; 5-16-2017]
(A)
The board shall be composed of three regular members and one alternate
member.
(1)
All members shall be residents of the city or owners of real
property located in the city. The members shall not be elected officials,
full-time appointed officials or city employees, nor shall a member
be simultaneously serving on any other city board, commission, or
committee.
(2)
Each member of the board shall be appointed by the mayor, subject
to confirmation by the council.
(3)
Each member and alternate member of the board shall serve a
staggered three year term expiring on the Monday preceding the third
Tuesday in April of the third succeeding year following his or her
appointment. The alternate member shall serve when one of the regular
members is unavailable.
(4)
The board shall elect a chairperson and vice-chairperson who
shall each serve until his or her successor is elected.
(B)
Two members of the board shall constitute a quorum.
(C)
The city attorney shall provide legal advice and assistance to the
board.
[4-8-2015; 2016 Code]
Meetings of the board shall be on call of the chairperson.
[4-8-2015; 2016 Code]
The board shall have the following duties:
(A)
Develop, publish and distribute such written opinions and policies
as the board may consider appropriate to properly administer the ethics
code.
(B)
Investigate all alleged violations of the ethics code and recommend
appropriate sanctions to the proper authority.
(C)
Give advisory opinions as to the applicability of a provision of
the ethics code to a particular situation in which a city official
is or may become involved or to the meaning of one or more definitions
of terms used in the ethics code. When a city official has doubt as
to the applicability of a provision of the ethics code to a particular
situation in which he or she is or may become involved or to the meaning
of one or more definitions of terms used in the ethics code, he or
she should apply to the board for an advisory opinion and be guided
by that opinion when given.
(1)
The applicant shall have the opportunity to present his or her
interpretation of the facts at issue and of the applicable provision
or provisions of the ethics code before such advisory decision is
made. It is prima facie evidence of intent to comply with the ethics
code when a city official refers a matter to the board and abides
by the advisory opinion, if the material facts are as stated in the
opinion request.
(2)
When a request for an advisory opinion is made, the name of
the requester and the nature of the request may, at the requester's
choice, be kept confidential. When confidentiality is requested, the
board shall hear and determine the request in closed session. The
agenda for the meeting shall identify the session as a closed session
to hear a request for a confidential opinion pursuant to this subsection
(C)(2) When confidentiality is requested, the report of the board
shall also be kept confidential, but the board shall prepare a redacted
summary of the report as a public document; however, if the requester
requests in writing that the full report be made public, it shall
become a part of the public record. If the requester makes public
any portion of the opinion or report, all confidentiality is waived
by the requester and the board may release the unredacted report.
