§ 40.40  BOARD OF ETHICS CREATED.
   (A)   There is hereby created a Board of Ethics which shall have the authorities, duties, and responsibilities as set forth in this chapter to enforce the provisions of this chapter.
   (B)   The Board of Ethics shall consist of three (3) members who shall be appointed by the Mayor of the city, subject to the approval of the City Council.  The initial members of the Board of Ethics shall be appointed within sixty (60) days of the effective date of this chapter.  No member of the Board of Ethics shall hold any elected or appointed office, whether paid or unpaid, or any position of employment with the city.  The members shall serve for a term of three (3) years; except that with respect to the members initially appointed one (1) member shall be appointed for a term of one (1) year, one ( 1) member shall be appointed for a term of two (2) years, and one (1) member shall be appointed for a term of three (3) years.  Thereafter, all appointments shall be for a term of three (3) years.  No more than two (2) of the members shall be of the same political party.  Each member of the Board of Ethics shall have been a resident of the city for at least two (2) years prior to the date of the appointment and shall reside in the city throughout the term in office.  The members of the Board of Ethics shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs.  The members may be re-appointed for no more than two (2) consecutive terms.
   (C)   A member of the Board of Ethics may be removed by the Mayor subject to the approval of the City Council for misconduct, inability, incompetence or willful neglect of duties.  Before any member of the Board of Ethics is removed from office under this section, the member shall be afforded the opportunity for a hearing before the Mayor and the City Council.
   (D)   Vacancies on the Board of Ethics shall be filled within sixty (60) days by the Mayor, subject to the approval of the City Council.  If a vacancy is not filled by the Mayor within sixty (60) days, the remaining members of the Board of Ethics shall fill the vacancy.  All vacancies shall be filled for the remainder of the unexpired term.
   (E)   Members of the Board of Ethics shall be compensated at the rate of two hundred dollars ($200.00) per year which will not include the attendance at any investigative hearings.  If any investigative hearings are held each member of the Board of Ethics shall be compensated at the rate of thirty dollars ($30.00) per day.  A day shall be defined as no less than four (4) hours.
   (F)   The Board of Ethics shall, upon the initial appointment of its members and annually thereafter, elect a chairperson from among the membership.  The chairperson shall be the presiding officer and a full voting member of the Board.
   (G)   Meetings of the Board of Ethics shall be held, as necessary, upon the call of the chairperson or at the written request of a majority of the members.
   (H)   The presence of two (2) or more members shall constitute a quorum and the affirmative vote of two (2) or more members shall be necessary for any official action to be taken.  Any member of the Board of Ethics who has a conflict of interest with respect to any matter to be considered by the Board shall disqualify himself from voting on the matter and shall not be counted for purposes of establishing a quorum.
   (I)   Minutes shall be kept for all proceedings of the Board of Ethics and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(Ord. 94-21, passed 10-26-94)