§ 40.99 PENALTY.

   (A)   General penalty. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the general penalty provisions of § 10.99.

   (B)   Violations of §§ 40.01 through 40.08 and §§ 40.20 and 40.21.

      (1)   Any person found guilty of knowingly violating any of the provisions of §§ 40.01 through 40.08 and §§ 40.20 and 40.21 shall be punished by a fine as set forth in the city fee schedule as adopted by § 41.01. All action seeking the imposition of fines only shall be filed as other non-criminal violations of the city code. Prosecutions for violation of the provisions of §§ 40.01 through 40.08 and §§ 40.20 and 40.21 may be subject to administrative adjudication.

      (2)   Any contract negotiated, entered into, or performed in violation of any of the provisions of § 40.20 shall be void as to the city in accordance with applicable statutes.

   (C)   Failure to file statement of financial interests. Any person who is required to file a statement of financial interests pursuant to this chapter or state law and who fails to file such as provided therein, shall, in addition to any other penalty provided herein, be subject to immediate ineligibility for, or forfeiture of, office or employment, provided that no forfeiture shall result if a statement is filed within 30 days after notice of the failure to file.

   (D)   Gift ban and prohibited political activities. An individual who knowingly violates §§ 40.35 through 40.37 and § 40.50 is guilty of a business offense and subject to a fine as set forth in the city fee schedule as adopted by § 41.01.

   (E)   Disgorging corporate opportunity. Any officer or employee shall, upon demand of the city attorney, account for all benefits accruing to such officer or employee as a result of any violation of the provisions of this chapter. Any officer or employee receiving any such benefits in violation of any of the provisions of this chapter shall disgorge such benefits, and, in addition to any other penalty provided herein, shall be subject to a penalty equal to two times the amount of such benefits. In the event that any such officer or employee refuses to account for benefits received in violation of any of the provisions of this section, the City Attorney may seek an accounting in a court of law.

   (F)   Discipline. The penalties provided in this section do not limit either the power of the City Council to discipline its own members or the power of any other city department, agency or commission to otherwise discipline its members or its employees.

   (G)   Frivolous complaint. A fine may be imposed against any person who knowingly files a frivolous ethics complaint alleging a violation of this chapter in accordance with § 41.01.

(Ord. 2019-44, passed 10-21-2019)