(A) Council determination.
(1) In conducting an investigation pursuant to § 3.17 of the City Charter, the City Council shall determine, on a case by case basis, whether an individual is in contempt by negligently or intentionally failing or refusing to obey a subpoena, or produce books, papers or other evidence requested by the City Council. In the event the City Council finds such conduct, the Council may impose punishment as prescribed in division (B) herein.
(2) Should the City Council make a finding(s) that the subject of a Council investigation has committed an act of wrongdoing, the Council may impose a penalty(ies) consistent with division (B).
(3) Any findings of contempt and/or wrongdoing by the City Council as referenced in divisions (A)(1) and (2) shall be confirmed by a simple majority vote of the Council that is present and voting at the meeting.
(B) Penalties. Upon a determination by the City Council that an individual has failed or refused to obey a Council-issued subpoena or to produce books, papers or other evidence in connection with an investigation by the City Council and/or committed an act of wrongdoing, the Council may impose a penalty(ies) as follows:
(1) Penalty for a City Council Member.
(a) Letter of notification. A letter of notification shall be the appropriate sanction when the conduct is clearly unintentional. A letter of notification shall advise the Council Member to whom it is directed of any steps to be taken to avoid any such future conduct.
(b) Letter of admonition. A letter of admonition shall be the appropriate sanction in those cases in which the City Council finds that the conduct complained of is minor and/or may have been unintentional, but calls for a more substantial response than a letter of notification.
(c) Reprimand. A reprimand shall be the appropriate sanction when the Council finds that a violation has been committed intentionally or through reckless disregard of this section.
(d) Letter of censure. A letter of censure shall be the appropriate sanction when the Council finds that a serious or repeated violation of this section has been committed intentionally or through reckless disregard by a Council Member.
(2) Employees. An employee may be subject to any and all disciplinary action as authorized by the City of Gun Barrel City's Personnel Policies and Procedures regarding employee misconduct.
(3) Advisory Board Members.
(a) All penalties as referenced for a Council Member in division (B)(1).
(b) Suspension from the Board Member's duties.
(c) Permanent removal from the Advisory Board.
(Ord. O-2022-002, passed 2-22-22)