If the ERC determines that a violation of Division 1 of this article has occurred, it shall proceed directly to determination of the appropriate sanctions. The ERC may receive additional testimony or statements before considering sanctions but is not required to do so.
(a) Sanctions. If the ERC determines that a violation of Division 1 of this article has occurred, it may impose the following sanctions:
(1) a. A letter of notification shall be the appropriate sanction when:
1. The violation is clearly unintentional;
2. The conduct of the person complained against was done in reliance upon an opinion of the city attorney that was not in writing; or
3. The violation may have been unintentional but the ERC does not consider the level of offense to be severe.
b. A letter of notification shall advise the person to whom it is directed of any steps to be taken to avoid future violations.
(2) A letter of admonition shall be the appropriate sanction in those cases in which the ERC finds that the violation:
a. May have been unintentional; or
b. The violation was clearly unintentional but the ERC considers the level of offense to be severe.
(3) A letter of reprimand shall be the appropriate sanction when the ERC finds that a violation has been committed intentionally or through reckless disregard of Division 1 of this article. A letter of reprimand directed to an employee shall also be sent to the city manager and included in the employee’s personnel file.
(b) Recommendations. In addition to the sanctions that may be imposed pursuant to subsection (a) above, the ERC may make the following recommendations:
(1) Disciplinary action against persons other than the mayor or members of the city council. If the ERC finds that the person complained against (other than the mayor or a member of the city council) committed a serious or repeated violation of Division 1 of this article intentionally or through culpable disregard of Division 1 of this article, the ERC may issue a written recommendation for disciplinary action. If the person who committed the violation is an employee (other than an employee appointed by the city council), the ERC may issue a recommendation to the city manager that the city manager suspend or terminate the employee. If the person who committed the violation is an employee appointed by the city council, the ERC may issue a recommendation to the city council that the city council suspend or terminate the employee. If the person who committed the violation is an officer (other than a member of the city council) or member of an advisory board or task force, the ERC may issue a recommendation to the city council that the officer, advisory board or task force member be removed from his or her position.
(2) Censure of mayor or members of the city council. If the person complained against is the mayor or a member of the city council, and the ERC finds that such person committed a serious or repeated violation of Division 1 of this article intentionally or through culpable disregard of Division 1 of this article, the ERC may issue a letter of censure. The letter of censure may include a recommendation of recall or a recommendation to institute proceedings for removal from office. A letter of censure, and any recommendation of recall or to institute proceedings for removal from office, shall be transmitted to the city secretary and to the mayor and city council. Any recall proceedings shall be subject to the procedures specified in the City Charter. Any proceedings for removal from office shall be in compliance with provisions of the City Charter and state law.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)