(a) Any charge of violations of this Code of Ethics shall be brought before the City Clerk. Any private citizen may initiate such a charge in accordance with regulations established by the City Clerk.
(b) Should the Board find, after referral of the complaint from the City Clerk and due hearing, that a violation has occurred, it may make a public reprimand or impose a fine of not to exceed $500 for each violation or do both.
(c) Automatic Fines. Notwithstanding subsection (b) of this section, a failure of an elected official to file a biannual report required in Section 5 of this Code of Ethics or the filing of a false report shall subject the elected official to an automatic fine according to the schedule of fines established in the Rules and Regulations of the Board and a public reprimand. The Board may establish in its Rules and Regulations additional automatic fines for the failure of an elected official to file a report or correct a report after the initial determination by the Board that the elected official failed to file a report or that the report was false. In situations where there is an incomplete filing, the elected official shall be notified by the City Clerk that the biannual report is incomplete. The elected official shall have ten days from the date of notice to complete the biannual report. If the incomplete biannual report is not completed within ten days, the elected official shall be subject to an automatic fine according to the schedule of fines established in the Rules and Regulations of the Board and a public reprimand. If the report is completed within ten days and the Board determines from the face of the filings that any omissions in the report were inadvertent and made in good faith, the Board shall find that there has been no violation. The City Clerk shall issue all automatic fines required in this subsection, subject to the appeal procedures established in the Rules and Regulations of the Board.
(d) In addition to imposing such sanctions, or as an alternative thereto, the Board may recommend to the Council that an appointed or employed official be suspended or removed from office or that an elected official be removed from office.
(e) The Council may, upon the recommendation of the Board of Ethics and Campaign Practices, and after due hearing of the charge, order the suspension or removal of an appointed or employed official, or the removal of an elected official; provided, however, that no official shall be removed or suspended except upon the concurrence of two-thirds of the Councilors qualified to vote thereon.
(f) An appeal may be taken from any findings and action of the Board pursuant to Subparagraph (b) of this Section, and from any order of the Council pursuant to Subparagraph (d) of this Section, to the District Court of the 2nd Judicial District, by filing Notice of Appeal in the said District Court within 5 days of the date of the action or order appealed from, and by filing with said District Court within 30 days a true transcript and record of the proceedings upon which said action or order is based. The hearing in the District Court shall be held on the said transcript and record only, and new testimony shall not be taken.
(Am. Ord. 35-1975; Am. Ord. 24-1981; Am. Ord. 34-2006; Am. Ord. 44-2007; Am. Ord. 2019-030; Amended at a Special Election held in conjunction with a Regular Municipal Election, October 5, 1999, as Question #12.)