[Ord. No. 2887 §1, 4-16-2008]
A.
There
is hereby created and established a Charter Enforcement Commission.
The Commission shall investigate and render advisory opinions on alleged
violations of the Ellisville City Charter, as provided herein, by
any person holding elective office or by any administrative officer
excluded from the supervision of the City Manager as provided by law.
B.
The Commission
shall consist of the senior Council member from each district, except
if a senior Council member is the subject of a complaint of a Charter
violation or is in any way involved with the allegation, then it shall
be the district's junior Council member. If neither Council member
from a district is available to serve, then it shall be the Mayor,
or if not available, another Council member selected by the Council.
C.
Meetings
of the Commission may be conducted only when all members are in attendance.
A meeting may be called by the Chairperson or by any two (2) members,
but not less than five (5) days' advance notice of a meeting shall
be given to each member. Attendance at a meeting by a member shall
be a waiver of the notice requirement.
D.
After
having been convened, the Commission shall elect a Chairperson. The
Chair may serve in such capacity for the course of the Commission's
work or can be elected on a meeting by meeting basis. The City Clerk
shall serve as Secretary to the Commission. The City Attorney shall
serve as attorney to the Commission.
[Ord. No. 2887 §1, 4-16-2008]
A.
Any complaint
that a covered person has violated a provision of the Ellisville City
Charter shall be submitted in writing and under oath, with all available
substantiating evidence, to the City Clerk. The complaint shall specify
the name of the alleged offender (the "respondent"), details concerning
the nature and date(s) of the alleged violation(s), and the Charter
provisions alleged to have been violated. The City Clerk shall deliver
to each member of the Commission and the respondent a copy of the
complaint no later than two (2) business days following receipt.
B.
The respondent,
within seven (7) days from the date of delivery of the complaint,
may file an answer with the City Clerk. The answer may include arguments
and evidentiary attachments disputing the alleged violation(s). The
City Clerk shall deliver to each member of the Commission and the
complainant a copy of the respondent's answer, if any, no later than
two (2) business days following receipt.
[Ord. No. 2887 §1, 4-16-2008]
A.
The City
Clerk shall schedule an initial meeting of the Commission no later
than seven (7) days following the due date of the respondent's answer,
at which time the Commission shall review the complaint and answer.
The Commission shall then determine whether probable cause exists
to believe that a violation of the City Charter has occurred. "Probable cause" means a reasonable ground for supposing
that the charged violation is well-founded.
1.
If the
complaint fails to establish probable cause for any charged violation
of the City Charter, the Commission shall prepare a written report
to the City Council recommending dismissal of that charge.
2.
If the
Commission finds probable cause for any charged violation of the City
Charter, the Commission shall prepare a written report to the City
Council recommending consideration of the charge(s) for which probable
cause is found.
3.
If the
complaint does not contain sufficient information by which to determine
whether or not probable cause exists for any charged violation of
the City Charter, the Commission shall, in writing, request supplemental
written information from the complainant to substantiate the charge(s).
a.
The
City Clerk shall deliver to each member of the Commission and the
respondent a copy of any supplement no later than two (2) business
days following receipt.
b.
The
respondent, within seven (7) days from the date of delivery of the
supplement, may file a response with the City Clerk. The response
may include arguments and evidentiary attachments disputing the alleged
violation(s). The City Clerk shall deliver to each member of the Commission
and the complainant a copy of the respondent's response, if any, no
later than two (2) business days following receipt.
c.
Thereafter,
the Commission shall prepare its written report to the City Council
recommending dismissal or consideration of the charge.
B.
The Commission
shall complete its review and issue its recommendation to the Council
not later than forty-five (45) days following the filing of the complaint.
If the Commission is unable to complete its review and issue its recommendation
within such time, the complaint shall be forwarded to the Council
without recommendation.
C.
All recommendations
of the Commission shall be adopted by majority vote of the full Commission,
but any member of the Commission may prepare and forward a dissent
to the City Council within seven (7) days of the submission of the
majority recommendation. If a complaint is forwarded to the Council
without recommendation, any member of the Commission may prepare and
forward his or her own recommendation to the Council within seven
(7) days of the submission of the complaint.
D.
The complainant
and the respondent shall receive copies of any recommendation issued
by the Commission and, within seven (7) days of the submission of
the Commission's recommendation, may prepare and file with the City
Clerk a written reply, with evidentiary attachments, to the recommendation.
[Ord. No. 2887 §1, 4-16-2008]
A.
On receipt
of either a recommendation from the Commission or a complaint without
recommendation, the City Council shall move expeditiously to judge
the sufficiency of the charged violation(s) of the City Charter as
provided herein.
1.
The
Council shall review all complaint documents and shall determine whether
to dismiss the complaint or proceed with a hearing on the alleged
charge(s).
2.
If the
Council determines to proceed with a hearing, the Council shall adopt
a resolution stating the charges and specifications on which the hearing
shall proceed and shall set a date for a hearing. The hearing shall
not be held at any regular meeting of the Council, and the alleged
charge(s) shall be the exclusive matter considered at the hearing.
3.
A copy
of the resolution and a notice of the date and time of the hearing
shall be delivered to the respondent no later than two (2) days following
the resolution's adoption. Delivery shall be effected by United States
first class mail to the respondent's City residence. The hearing,
or any portion thereof, can be continued on the reasonable request
of the respondent.
4.
The
City Council shall retain independent legal counsel to prosecute the
specified charge(s), who shall have the burden of establishing same,
and the respondent may be represented by counsel at the hearing which
shall be recorded. The Council shall have the power to issue subpoenas
to compel the testimony of witnesses and the production of evidence
and to administer oaths, both on its own behalf and on behalf of the
respondent. The hearing, or any portion thereof, can be continued
by consent of the Council and on the reasonable request of the respondent.
5.
If the
Council determines that the evidence supports the specified charge(s),
the Council shall adopt a final resolution of removal stating the
same and the reasons for forfeiture of office, which shall be effective
immediately upon adoption. The respondent shall have thirty (30) days
to appeal the decision to the St. Louis County Circuit Court.
6.
All
decisions of the Council shall be determined by the affirmative vote
of a majority of the members of the full Council, excluding the respondent.
[Ord. No. 2887 §1, 4-16-2008]
A.
All meetings
of the Commission or Council shall be held at a time reasonably convenient
to the public.
B.
Any person who willfully fails to comply with a subpoena issued hereunder or who willfully violates an oath administered hereunder shall be guilty of an ordinance violation, punishable as provided in Section 100.110 of the City Code, and such action shall also be grounds for disciplinary action, including removal from elective office or termination of employment.
C.
The Commission
shall keep the City Council informed of the status of its review and
investigation of any complaint.
