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No official of the city shall use property, owned by any governmental body or funds of any governmental body, for personal benefit, convenience or profit, except in accordance with policies promulgated by the Council. This prohibition includes the use of city property or funds to advertise or promote the campaign of any official, except as provided in this section. Use of city property to promote a campaign is limited to areas made available to all candidates for public office, including public areas, areas used for public meetings and such city facilities that are designated as meeting space that is available to all candidates for public office. No campaign activities shall be conducted in those portions of city facilities that are dedicated as work areas for city employees. Officials are prohibited from using any method of communication paid for with city resources, including but not limited to public service announcements, signage, official websites or mail during the three months prior to their election date, if such advertising states or implies personal responsibility of the official for any city accomplishment. Officials are prohibited from using any method of communication paid for with city resources, including but not limited to public service announcements, signage, official websites or mail if such communication is in a form that would be reasonably mistaken for the campaign materials of the official because of the similarity of design, content or graphics being used in the campaign.
(Am. Ord. 34-2006)
No official shall participate in the following types of political activity:
(A) Using his or her position or employment with the city to influence support of employees of the city for or against any candidate, issue or Measure Finance Committee or other similar organization in any election or pre-election activity; provided, however, that nothing herein shall deny the right of an official of the city to express his or her views on any issue.
(B) Accepting and/or soliciting campaign contributions for any candidate or Measure Finance Committee or other similar organization in any election or pre-election activity, during working hours, at a city workplace or in the scope of their city employment.
(C) Accepting and/or soliciting contributions for the benefit of a city employee or official for political purposes during working hours, at a city workplace or in the scope of his or her city employment.
(D) This section shall not apply to electioneering communications, provided that no electioneering communications may be sent to a city employee at his or her place of work by leafleting, mail, phone, e-mail or by other electronic communication.
(E) No adverse employment action shall be taken against any employee for reporting to the Board of Ethics and Campaign Practices any violation of this section, including but not limited to direct solicitation.
(Ord. 34-2006)
(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.)
(a) The Board or City Clerk may choose to ask for an investigation; to do this, it may temporarily employ or contract with investigators and require investigation by city staff assigned to the Board or by the Office of Inspector General upon acceptance of the complaint, or upon evidence or belief of fraud or a violation of the Charter. The Board or City Clerk shall direct and limit the scope and nature of all such investigations. No such investigation shall be undertaken unless it is specifically authorized and defined by the Board or City Clerk. For the purposes of this section, the term "allegations" means both any formal charges filed with the Board or City Clerk or initiated by the Board or City Clerk and other information raising a substantial question related to compliance with the Code of Ethics, the Open and Ethical Election Code, or the Election Code. Such investigation may relate to violation of the Code of Ethics, the Open and Ethical Election Code, or the Election Code.
(b) In retaining an investigator, the Board of Ethics and Campaign Practices shall not be bound by procedures of the City of Albuquerque which would otherwise apply to selecting a contractor or employee. The Board shall adopt its own procedures, consistent with good administrative practices.
(c) All officials and contractors of the City of Albuquerque shall furnish the Board of Ethics and Campaign Practices or its investigator with requested information and records within their custody which are germane to an investigation authorized by the Board. Officials and contractors may be required to appear as witnesses in hearings concerning ethics or campaign practices charges heard by the Board.
(Ord. 31-1989; Am. Ord. 34-2006; Am. Ord. 2022-042)
Nothing herein set forth shall be construed to affect or otherwise diminish any penalties otherwise provided by law for violation of the matters set forth in this Code of Ethics, or shall prevent the Board of Ethics and Campaign Practices from bringing to the attention of the proper authority any alleged violation coming to its attention which may be subject to such other penalties.
(Am. Ord. 24-1981; Am. Ord. 31-1989; Am. Ord. 34-2006)
The above Code of Ethics may be amended without requiring compliance with Article VI of this Charter by ordinance adopted by a majority of the entire membership of the Council plus two additional members thereof voting in favor of such amendment or amendments and said ordinance being otherwise governed by Article XI of this Charter.
(Article XII adopted at Special Election, February 26, 1974 as part of Proposition #1) (Am. Ord. 35-1975; Am. Ord. 29-1976; Am. Ord. 77-1978; Am. Ord. 91-1980; Am. Ord. 24-1981; Am. Ord. 31-1989; Am. Ord. 34-2006)
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