A.
A Board of Ethics ("BOE") is hereby created. This BOE shall consist
of three persons: one member shall be appointed by the Mayor from
the City Council, one member shall be appointed by the Chair of the
School Board from the School Board, and one member shall be appointed
by the Chair of the Police Commission from the Police Commission.
B.
Each BOE member selected is required to serve unless the BOE member
is the subject of the complaint, has a conflict of interest, or is
excused due to unavailability or exceptional causes (such as a health
issue).
C.
The BOE members shall elect a chairperson and the BOE may adopt such
rules for the conduct of its business as it sees fit. The BOE shall
have the power to draw upon City departments for reports and information
and stenographic and clerical help.
A.
The position of Ethics Investigation Officer ("EIO") is hereby created.
The City Manager shall have the power to identify and retain an EIO,
with approval from the BOE, to assist with the investigation and prosecution
of any complaint which has been referred for investigation. The EIO,
with approval of the BOE, shall have sufficient experience and training
to conduct the investigation.
A.
Complaint requirements. Any City official may submit a written complaint
alleging one or more violations of the Code of Ethics and Conduct
for Elected and Appointed Officials ("Ethics Code"). Such complaint
must be based on personal knowledge, and set forth facts with enough
specificity and detail for a determination of sufficiency for investigation.
The written complaint must be signed under oath. The complaint shall
be delivered to the City Attorney with a copy to the Mayor and City
Clerk. The City Attorney shall promptly provide a copy of the complaint
to the charged party.
B.
Review for sufficiency.
(1)
A review for sufficiency of the complaint will be completed within
30 days of receipt. This review will be based on the allegations contained
in the complaint and the immediately available public meetings or
records referenced in the complaint.
(2)
The City Attorney, Mayor, and Superintendent in the case of a City
Board, the City Attorney, Mayor, and Police Chief in the case of the
School Board, or the City Attorney, Mayor, and City Manager in the
case of the Police Commission shall conduct the review of sufficiency.
Complaints against the Mayor, School Board Chair, or Police Commission
Chair shall be reviewed by the City Attorney and the Deputy Mayor,
School Board Vice Chair, or Police Commission Vice Chair, respectively.
(3)
If the complaint is deemed insufficient, the complainant will be
notified in writing of that decision with a copy provided to the charged
party. A complaint will be deemed sufficient if it is determined that
the complaint establishes on its own that it is more probable than
not that a violation of the Ethics Code may have occurred.
(4)
If the complaint is deemed sufficient for further investigation,
it shall be referred to the EIO for further action and all parties
will be notified of this step through communication in writing.
C.
Investigation phase.
(1)
The EIO shall be provided the full cooperation of the City government
to conduct such investigation as may be necessary to determine whether
any violation may have occurred and next steps. The charged party
shall have an opportunity to provide a response to the complaint.
(2)
The EIO's investigation shall be completed within 45 days of
the date of referral unless the charged party and the Chair of the
BOE mutually agree to a longer period.
(3)
The EIO shall provide a written report with the conclusions reached
in the completed investigation to the BOE. The EIO shall provide a
nonbinding recommendation as to the disposition of the complaint to
the BOE. Thereafter, all action with regard to the complaint shall
be taken by the BOE.
D.
Board of Ethics hearing.
(1)
The BOE shall take no further evidence on any complaint, but shall
make its determination based upon the report received by the EIO.
However, the BOE shall hold at least one public hearing at which the
EIO, the complainant, and the charged party shall be afforded an opportunity
to present oral and written argument to the BOE. The BOE may hear
from such other and further parties as it determines appropriate.
(2)
Any party may be represented by legal counsel at his or her own expense
at any stage of proceedings related to the Ethics Code.
(3)
The BOE shall issue a written decision within 30 days of the final
public hearing with findings and a disposition, dismissal, or referral
for further action if a violation found. If a violation has been found,
the BOE shall recommend a sanction or penalty and refer the matter
to the City Council, School Board, or Police Commission for disposition,
sanction, or other action as set forth in the Ethics Code.
To the extent a conflict arises between the Ethics Code and
this article, this article shall prevail.
