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NEPOTISM
(A) No officer, employee, appointee or volunteer of the city or a city agency shall advocate, recommend or cause the following, of a family member to an office or position of employment with the city or a city agency:
(1) Employment;
(2) Appointment;
(3) Promotion;
(4) Transfer; or
(5) Advancement.
(B) No officer, employee, appointee or volunteer of the city or a city agency shall supervise or manage the work of a family member.
(C) No officer, employee, appointee or volunteer shall participate in any action relating to the employment or discipline of a family member; except that, this prohibition shall not prevent an elected or appointed official from voting on or participating in the development of a budget which includes compensation for a family member; provided that, the family member is included only as a member of a class of persons or a group, and the family member benefits to no greater extent than any other similarly situated member of the class or group.
(D) The prohibitions in this section shall not apply to any relationship or situation that would violate the prohibition, but which existed prior to 1-1-1995.
(Prior Code, § 39.50) (Ord. passed 11-28-1994)
ENFORCEMENT
(A) There is hereby created a Board of Ethics which shall have the authorities, duties and responsibilities as set forth in this chapter to enforce the provisions of this chapter.
(B) The Board of Ethics shall consist of three members, who shall be appointed by the Mayor, subject to the approval of City Council. The initial members of the Board of Ethics shall be appointed within 60 days of the effective date of this chapter. No member of the Board of Ethics shall hold any elected or appointed office, whether paid or unpaid, or any position of employment with the city or any city agency. The members shall serve for a term of three years; except that, with respect to members initially appointed, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years and one member will be appointed for a term of three years. Thereafter, all appointments shall be for a term of three years. The members may be reappointed for any number of consecutive terms.
(C) A member of the Board of Ethics may be removed by the Mayor, subject to the approval of the City Council, for misconduct, inability or willful neglect of duties. Before any member of the Board of Ethics is removed from office under this section, the member shall be afforded the opportunity for a hearing before the Mayor and the City Council.
(D) Vacancies on the Board of Ethics shall be filled within 60 days by the Mayor, subject to the approval of City Council. All vacancies shall be filled for the remainder of the unexpired term.
(E) Members of the Board of Ethics shall serve without compensation, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.
(F) The Board of Ethics shall, upon the initial appointment of its members and annually thereafter, elect a Chairperson from among the membership. The Chairperson shall be the presiding officer and a full voting member of the Board.
(G) Meetings of the Board of Ethics shall be held, as necessary, upon the call of the Chairperson or at the written request of a majority of the members.
(H) The presence of two or more members shall constitute a quorum and the affirmative vote of two or more members shall be necessary for any official action to be taken. Any member of the Board of Ethics who has a conflict of interest with respect to any matter to be considered by the Board of Ethics shall disclose the nature of the conflict, shall disqualify himself or herself from voting on the matter and shall not be counted for purposes of establishing a quorum.
(I) Minutes shall be kept for all proceedings of the Board of Ethics and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(Prior Code, § 39.60) (Ord. passed 11-28-1994)
The Mayor, with the approval of City Council, may appoint one alternate member of the Board of Ethics who may be called upon to serve when any regular member of the Board is unable to discharge his or her duties. An alternate member shall be appointed for a term of one year. Alternate members shall meet all qualifications and be subject to all of the requirements of this chapter that apply to regular members.
(Prior Code, § 39.61) (Ord. passed 11-28-1994)
Within the limits of funds appropriated by the City Council in its annual budget, the city shall provide the Board of Ethics with the facilities, materials, supplies and staff needed for conduct of its business (including, but not limited to, clerical and legal services). Further, the City Clerk/Treasurer shall receive all documents filed for or on behalf of the Board of Ethics, and shall immediately communicate to the Board of Ethics the fact and contents of any and all documents and other writings received by him or her on behalf of the Board.
(Prior Code, § 39.62) (Ord. passed 11-28-1994)
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