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(a) Jurisdiction. The ERC shall have jurisdiction to review and make findings and conclusions concerning an alleged violation of Division 1 of this article and, if a violation of Division 1 of this article is determined to have occurred pursuant to the process outlined herein, to levy sanctions in accordance with Division 4.
(b) Powers. Once the ERC is convened in accordance with and subject to the purposes set forth in § 2-240(c), the ERC shall have the following powers:
(1) To establish rules and procedures governing its own internal organization and operations, consistent with this article and the city’s Charter and ordinances;
(2) To prescribe forms for reports, statements, notices and other documents required by this article;
(3) To cause sufficient copies of this ordinance, and other ordinances, City Charter provisions and state statutes defining and prohibiting conflicts of interest, to be prepared and published and see that the same are made available to officers, employees, advisory board members, elected officials and the general public;
(4) To provide or assist in providing orientations to officers, employees and advisory board members concerning the provisions of this article;
(5) To review all statements and reports filed with the ERC in order to obtain compliance with this article;
(6) To direct the city secretary to preserve statements and reports filed with the ERC for a period of five years from the date of receipt;
(7) To review this article when deemed necessary and make appropriate recommendations to the city council;
(8) To request the city attorney’s interpretation of or opinion on any provision of this article except in cases involving a complaint filed in accordance with this article, in which case § 2-248 shall apply;
(9) In accordance with this article, to review, conduct hearings and make determinations regarding all sworn complaints alleging violations of Division 1 of this article by persons other than members of the city council;
(10) In any hearing conducted pursuant to this article, to administer oaths and affirmations, take evidence, request and issue subpoenas for witnesses to attend and testify, and request and, subject to § 2-255, issue subpoenas for the production of books, papers, records, or other evidence needed for the performance of the ERC’s duties or the exercise of its powers;
(11) To request the city council and city manager to provide such assistance as the ERC may require in the discharge of its duties;
(12) On the ERC’s own motion or at the request of the city council, to report to the city council when deemed necessary concerning the activities of the ERC; and
(13) To exercise such other powers and duties as may be established by this article.
(c) Meetings. The ERC shall meet as necessary to fulfill its responsibilities. The city secretary, the chairperson, or any three members of the ERC may call a meeting provided that notice is given to each member and written notice is posted in accordance with provisions of the Texas Open Meetings Act, Tex. Government Code Chapter 551.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012; Ord. 23992-12-2019, § 2, passed 12-17-2019)
(a) Purpose. The city council will appoint one or more hearing officers each year to hear appeals of determinations made by the ERC in the disposition of complaints alleging a violation of Division 1 of this article and to make recommendations to the city council regarding those appeals.
(b) Qualifications. A hearing officer shall be a resident who is an attorney in good standing with the state bar of Texas and has been licensed to practice in the State of Texas for at least ten consecutive years. No hearing officer may be:
(1) A member of the city council or the spouse or domestic partner of a member of the city council;
(2) An employee or the spouse or domestic partner of an employee;
(3) An elected public official;
(4) A candidate for elected public office; or
(5) A member of another city board, commission or committee if the ERC has jurisdiction under this article to review the conduct of that person as a member of such other board, commission or committee.
(c) Terms. The city council will appoint hearing officers each at its first meeting in January of each year or as soon thereafter as practicable. The city council shall set the prescribed compensation, if any, that hearing officers are to receive during their terms of service. A hearing officer shall serve a term of one year or until his or her successor is duly appointed, and may be reappointed at the pleasure of the city council. A hearing officer may be removed at any time and for any reason by majority vote of the city council, except that a hearing officer that has initiated the hearing of an appeal of a determination made by the ERC in the disposition of a complaint shall continue to serve until final disposition of the matter before him or her.
(d) Selection of hearing officer to hear complaint or appeal. If the city council appoints more than one hearing officer to serve during a particular year, the city secretary shall maintain a list of such hearing officers in order of appointment. In the event that the service of a hearing officer is required under this article to hear the appeal of a determination made by the ERC in the disposition of a complaint, the city secretary shall designate a hearing officer from such list on a rotation basis.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
(a) Jurisdiction. Hearing officers shall have jurisdiction to review and make findings and recommendations to the city council concerning an alleged violation of Division 1 of this article.
(b) Powers. Hearing officers shall have the following powers:
(1) In accordance with this article, to hear appeals of determinations made by the ERC complaints alleging violations of Division 1 of this article, to hear arguments from and pose questions to the person filing the appeal as well as the person responding to the appeal if those persons have elected to make a statement at the hearing, and to make findings, determinations and recommendations to the city council as to the disposition of such appeals in accordance with the standards of review set forth herein;
(2) In any de novo hearing conducted pursuant to § 2-253, to administer oaths and affirmations, take evidence, request and issue subpoenas for witnesses to attend and testify, and request and, subject to § 2-255, issue subpoenas for the production of books, papers, records or other evidence needed for the performance of the ERC’s duties or the exercise of its powers; and
(3) To exercise such other powers and duties as may be established by this article.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
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