(A) All matters regarding this subchapter shall be directed to the Ethics Review Committee. The Ethics Review Committee shall consist of the City President, Clerk, and the Chair of the Personnel Committee, unless one of these persons is the subject of an investigation. The Ethics Review Committee is authorized to take whatever action is consistent with this subchapter.
(B) Once the Ethics Review Committee has received a complaint, request for information, or public disclosure, it shall make a determination to proceed. If the Ethics Review Committee makes a determination to proceed, it shall notify in writing the affected public servant of the charges underlying the determination to proceed. The public servant shall have an opportunity to a hearing before the Ethics Review Committee. The Ethics Review Committee shall schedule the hearing within 30 days of the public servant’s request. Following the hearing or in the event there is no hearing held, the Ethics Review Committee shall make a recommendation to the City Council regarding the matter, which includes, but is not limited to, further review and investigation, or a determination as to enforcement. Enforcement may be any one or some combination of the following: civil prosecution, or criminal prosecution. Enforcement may also include removal from office if the public servant is guilty of official misconduct, willful neglect of duty, extortion, habitual drunkenness, or has been convicted of being drunk as provided in M.C.L.A. § 168.327. The Ethics Review Committee’s recommendation shall be forwarded to the City Council. If the recommendation from the Ethics Review Committee involves any Trustee of the City Council, the Trustee shall be disqualified from voting on and participating in any discussion on the recommendation of the Ethics Review Committee. The City Council shall review the recommendation at its next meeting and shall vote to do any of the following: accept, reject, or send the recommendation back to the Ethics Review Committee for further research and consideration. The City Council must approve a motion to either accept or reject the Ethics Review Committee’s recommendation by a vote of five Trustees of the City Council. If a motion to either accept or reject the Ethics Review Committee’s recommendation does not obtain a vote of five Trustees of the City Council, the recommendation will be sent back to the Ethics Review Committee for further research and consideration. If the recommendation is accepted by the City Council, it shall be binding and have immediate effect on the public servant unless further action is required by law. The effect of the City Council rejecting the Ethics Review Committee’s recommendation will be to dismiss the complaint, or resolve in finality the request for information or public disclosure. If the determination of enforcement involves removal from office, the City Council shall prepare a report which details the matter and shall send it to the Governor for a determination as provided in M.C.L.A. § 168.327. If the determination of enforcement involves civil or criminal prosecution, it shall be referred to the City Attorney for further action. To the extent authorized or permitted by law, the city shall collect its out-of-pocket costs (including attorney fees) involving civil or criminal prosecution from a public servant who has violated this subchapter.
(Ord. 171, passed 12-15-2003)