(A) To initiate on its own motion, receive and investigate complaints, hold hearings, and make findings of fact and determinations with regard to alleged violations of the provisions of this subchapter;
(B) To issue orders in connection with its investigations and hearings requiring persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual who has the power to administer oaths;
(C) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing being conducted by the Board;
(D) To refer any information concerning violations of this subchapter to the Mayor, the City Council, the County Attorney, or other appropriate person or body, as necessary;
(E) To render advisory opinions to city and city agency officers, employees, appointees, and volunteers regarding whether a given set of facts and circumstances would constitute a violation of any provision of this subchapter;
(F) To enforce the provisions of this subchapter with regard to all officers, employees, appointees, and volunteers of the city and city agencies who are subject to its terms by issuing appropriate orders and imposing penalties authorized by this subchapter;
(G) To control and maintain, through the City Clerk-Treasurer, all statements of financial interest that are required to be filed by this subchapter and to ensure that the statements are available for public inspection in accordance with the requirements of this subchapter and the State Open Records Act;
(H) To develop and submit any reports regarding the conduct of its business that may be required by the Mayor or City Council;
(I) To adopt rules and regulations and to take other actions, as necessary, to implement the provisions of this subchapter, provided that the rules, regulations, and actions are not in conflict with the provisions of this subchapter or any state or federal law;
(J) The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative, or when requested by any officer, employee, appointee, or volunteer of the city or city agency who is covered by this subchapter;
(K) A request for an advisory opinion shall be in writing and shall state relevant facts and ask specific question. The request for an advisory opinion shall remain confidential unless confidentiality is waived, in writing, by the requestor;
(L) The Board may adopt regulations, consistent with the State Open Records Law, to establish criteria under which it will issue confidential advisory opinions. All other advisory opinions shall be public documents, except that, before an advisory opinion is made public, it shall be modified so that the identity of any person associated with the opinion shall not be revealed;
(M) The confidentiality of an advisory opinion may be waived either:
(1) In writing by the person who requested the opinion; or
(2) By majority vote of the members of the Board, if a person makes or purports to make public the substance or any portion of an advisory opinion requested by or on behalf of the person. The Board may vote to make public the advisory opinion request and related materials.
(N) A written advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case if no intervening facts or circumstances arise which would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact determined by the Board to be material was omitted or misstated in the request for an opinion, the Board shall not be bound by the opinion; and
(O) A written advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceeding for violations of this subchapter for actions taken in reliance on that opinion.
(Ord. passed 12-13-1994)