§ 40.70 ETHICS BOARD CREATED.
   (A)   There is hereby created a Ethics Board, which shall have the authorities, duties, and responsibilities as set forth in this chapter to enforce its provisions.
   (B)   The Ethics Board shall consist of three (3) members who shall be appointed by the executive authority of the city, subject to the approval of the legislative body. The initial members of the Ethics Board shall be appointed within thirty (30) days of the effective date of this chapter. The members shall serve for a term of four (4) years; except that with respect to the members initially appointed, one (1) member(s) shall be appointed for a term of one (1) year, one (1) member(s) shall be appointed for a term of two (2) years, and one (1) member(s) shall be appointed for a term of three (3) years. Thereafter, all appointments shall be for a term of four (4) years.
   (C)   An Ethics Board member will serve until their successor has been appointed in the same manner as the original appointment.
   (D)   No member of the Ethics Board shall hold any elected or appointed, office, whether paid or unpaid, or any position of employment with the city or any city agency. No member of the Ethics Board may be, or have been within the two (2) years prior to appointment, an officer, employee, consultant, or contractor of the city; an officer in a political party or political committee; a candidate, or an active member of the campaign of a candidate, for any office within the Ethics Board’s jurisdiction; or a lobbyist. Nor should a member, nor any member of their immediate family, have, within the two (2) years prior to appointment, sought any special benefits from the city, directly or indirectly. An Ethics Board member, or staff member, or a member of their immediate family, may not, directly or indirectly, seek any special benefits from the city, make campaign contributions, nor participate in any way in the campaign of a candidate for any office within the Ethics Board’s jurisdiction, or of an individual currently within the Ethics Board’s jurisdiction.
   (E)   Each member of the Ethics Board shall have been a resident of the city for at least one (1) year prior to the date of the appointment, shall reside in the city throughout the term in office, and shall not be a family member of a city employee or officer. The members of the Ethics Board shall be chosen by their known and consistent reputation for integrity and their knowledge of local government affairs.
   (F)   A member of the Ethics Board may be removed by the executive authority, subject to the approval of the legislative body, for misconduct, incapacity, or willful neglect of duties. Before any member of the Ethics Board is removed from office under this section, the member shall be afforded the opportunity for a hearing before the executive authority and the legislative body.
   (G)   Vacancies on the Ethics Board shall be filled within thirty (30) days by the executive authority, subject to the approval of the legislative body. If a vacancy is not filled by the executive authority within thirty (30) days, the remaining members of the Ethics Board shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
   (H)   Members of the Ethics Board shall serve without compensation, unless otherwise approved by the legislative body, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.
   (I)   The Ethics Board shall elect a chairperson from among the membership annually at the January meeting, which shall occur each year on the third Tuesday of January. The chairperson shall be the presiding officer and a full voting member of the Ethics Board.
   (J)   In addition to the annual meeting on the third Tuesday in January, meetings of the Ethics Board shall be held, as necessary, upon the call of the chairperson or at the written request of a majority of the members. The Ethics Board shall follow the Open Meetings Act for all meetings.
   (K)   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 betaken. Any member of the Ethics Board who has a conflict of interest with respect to any matter to be considered by the Ethics Board shall disclose the nature of the conflict, shall disqualify themselves from voting on the matter, and shall not be counted for purposes of establishing a quorum by removing themselves from the meeting room for the duration of the consideration of the matter.
   (L)   Minutes shall be kept for all proceedings of the Ethics Board. The vote of each member on any issue decided by the Ethics Board shall be recorded in the minutes.
(Ord. 2022-11, passed 11-7-22)