This subchapter is intended to encourage and promote the highest standards of ethical conduct and behavior by city officials. It is anticipated that the issuance by the Board of Ethics of advisory opinions will conclude all matters originating as complaints. The Board of Ethics is not an adjudicative body, and no finding of the Board shall be deemed conclusive nor, in and of itself, subject any city official to penalties. Recommended penalties will be forwarded to the City Council. However, civil infraction proceedings may be brought against violators of this subchapter.
(A) The Board of Ethics pursuant to the powers granted to it in § 33.305 may issue written advisory opinions.
(B) Written advisory opinions may be in response to complaints filed in accordance with § 33.308.
(C) Advisory opinions shall be issued within 120 days of a request and be available for public inspection. However, if additional time is needed, the time may be extended by majority vote of the Board, not to exceed an additional 90 days.
(D) Advisory opinions may include guidance to any city official on questions including, but not limited to:
(1) Whether an identifiable conflict of interest exists between their personal interests or obligations and their official duties.
(2) Whether the result of the potential conflict of interest is substantial or constitutes a real threat to the independence of their judgment.
(3) What effect their participation under the circumstances would have on the confidence of the people and the impartiality of their public officials.
(4) Whether the public interest would be best served by their withdrawal or abstention.
(5) Whether undue influence is being exerted on them.
(E) When the Board of Ethics issues an advisory opinion regarding ethical questions pursuant to this subchapter, the Board shall promptly send a copy of its opinion to:
(1) The individual who requested the opinion;
(2) The city official affected; and
(3) The City Council.
(F) If the Ethics Board finds that an appointed or elected board, council, or commission member violated one or more of the prohibited conduct rules as stated in § 33.307, it shall make written findings and recommendations to the City Council, including one or more of the following penalties:
(1) Issuing a cease-and-desist recommendation;
(2) Issuing a censure or other reprimand recommendation;
(3) Recommend the removal of member from a board; or
(4) Recommend a referral to the State Attorney's Office or other appropriate law enforcement agency.
(G) The City Council will have the final say regarding any penalties, if any, that may be implemented.
(Ord. 24-003, passed 5-20-24)