(A) There is hereby created an Ethics Board to oversee the implementation and enforcement of this subchapter. The Ethics Board shall consist of not less than three, nor more than five members; appointments are as follows: one member by the Mayor, one member by the Common Council, and one member by the employees. The Clerk-Treasurer shall be a non-voting member. The City Attorney shall serve as Secretary and an ex-officio member, but shall not be a voting member, except in the case of a complaint against a member of the Ethics Board, who shall be required to recuse himself or herself.
(B) The Ethics Board shall have the powers and responsibilities:
(1) To adopt rules and regulations in furtherance of the implementation of this subchapter;
(2) To require or request periodic statements from covered individuals concerning any activities which may be covered by the terms hereof;
(3) To recommend amendments or additions to this subchapter to the Council and Mayor;
(4) Upon request of the Mayor, a Council Member, or a department manager, to hold such hearings or conduct such investigations as necessary to review possible violations of this subchapter; and
(5) Upon finding that a violation of this subchapter has occurred by any covered individual, to recommend to the Council a resolution of the violation, which may include private censure, public disclosure or censure, or other remedial action including dismissal.
(C) Ethics Violations Complaints.
(1) Complaints alleging a violation of this subchapter shall be filed in writing with the Ethics Board by any elected official, any department head of the city, the chairperson or head of any city entity, or by the City Attorney. Complaints by employees or citizens shall be filed with one of the above-named officials, who shall determine whether possible grounds for a violation may exist. If such grounds appear to exist, the official shall proceed to file a complaint with the Ethics Board.
(2) The complaint shall be forwarded to the Secretary of the Ethics Board, who shall provide an anonymous copy to the person charged with a violation. All complaints shall remain confidential, subject to applicable law.
(3) Within 30 days after receipt of a complaint, the Secretary shall conduct a preliminary investigation. The Secretary may request that the Ethics Board extend the time for the completion of such preliminary investigation. If the Ethics Board determines that such extension is necessary or desirable and would not be prejudicial to the person charged with the violation, the Ethics Board shall grant the extension. If the Ethics Board determines that the preliminary investigation must be completed in less than 30 days in order to avoid prejudice or irreparable harm to the person charged with the violation, the Ethics Board shall order the Secretary to complete the preliminary investigation in a shorter period of time, and the Secretary shall comply.
(4) If the Secretary determines after preliminary investigation that there are no reasonable grounds to believe that a violation has occurred, the Secretary shall dismiss the complaint. If the Secretary does so dismiss the complaint, he or she shall do so in writing, setting forth the facts and the provisions of law upon which the dismissal is based, and provide copies of the written dismissal to the complainant, to the person charged with the violation, and to the Ethics Board. If the complaint is dismissed, the record shall remain confidential, subject to applicable law, unless the person against whom the complaint was made requests disclosure.
(5) If, after a preliminary investigation, the Secretary does not dismiss the complaint, the Secretary shall refer the complaint to the Ethics Board for hearing, unless the matter is resolved at a prehearing conference between the Secretary and the person charged with the violation, and the prehearing resolution is approved by the Ethics Board, all in accordance with applicable rules and regulations.
(6) All hearings that are held to determine whether the provisions of this subchapter have been violated shall be conducted in conformance with rules and regulations of the Ethics Board except as otherwise provided in this subchapter and subject to applicable law.
(7) Within 30 days from the date the Secretary refers a complaint to the Ethics Board for hearing, the Ethics Board shall hold a public hearing and issue a written determination stating whether this subchapter has been violated and setting forth the facts and the provisions of law upon which this determination is based. A copy of such determination shall be delivered to the complainant, to the person charged with the violation and, where appropriate, to the person's superior.
(8) In the case of a complaint involving the City Attorney, the Ethics Board shall select an individual, who may or may not be a member of the Ethics Board, to perform the duties of the Secretary.
(Ord. 1682, passed 4-15-19)