(a) There is hereby established a Board of Ethics consisting of three members appointed by the City Manager with approval of Council. There shall be two public members, in whose selection the City Manager shall take care to appoint persons unlikely to use the Board for partisan political ends. One member shall be appointed to serve only in the consideration of cases of alleged violation of this article involving persons in the regular member's department or agency.
(b) The members shall serve staggered three-year terms, with one position falling vacant on December 31 each year.
(c) Two members of the Board shall constitute a quorum and affirmative vote by a majority of the entire membership of the Board shall be necessary for any action. Members may not nominate an alternate or representative to attend meetings or vote in their behalf. Members of the Board shall serve without salary but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(d) The powers and duties of the Board shall be as follows:
(1) Initiating actions.
A. Any elected or appointed official or employee may request an investigation of any alleged violation of this article by an elected or appointed official or employee of the City, and the Board shall conduct an investigation.
B. Any elected or appointed official or employee may request in writing an advisory opinion from the Board with respect to the scope, applicability and interpretation of this article, and the Board shall respond.
C. Any elected or appointed official or employee who wishes to ascertain in advance whether a particular personal action contemplated by himself or herself or a subordinate might be a violation of this article may request in writing an advisory opinion from the Board, and the Board shall respond.
(2) Conduct of actions.
A. The Board may conduct hearings prior to rendering an opinion or report in any particular matter. The Board shall conduct hearings whenever an official or City employee who may be substantially affected by the opinion or report in the matter requests in writing a hearing. Hearings shall be informal and private, and shall be conducted by a quorum of the Board.
B. All parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and to cross-examine adverse witnesses on relevant issues.
C. The Board shall keep a stenographic record or tape recording of all hearings of alleged violations, if requested to do so by a party at interest.
D. The Board shall not communicate, directly or indirectly, with any party or his/her representative in connection with any issue except upon notice and opportunity for all parties to participate. The Board shall not take notice of any communications, reports, staff memoranda, or other materials unless all interested parties are afforded an opportunity to contest the materials so noticed. The Board may establish for the conduct of its business such other detailed rules consistent with this article as it deems appropriate.
(3) Reports and advisory opinions.
A. A written report of an investigation of an alleged violation by an official or employee shall be submitted to the City Manager and the official or employee involved.
B. Advisory opinions shall be submitted to the authority or person requesting them, and may be published for the information and guidance of all concerned.
(4) Limitation. The Board's authority ends with the submission of its report or opinion.
(Ord. 471. Passed 8-1-78.)
(Ord. 471. Passed 8-1-78.)