§ 36.40  BOARD OF ETHICS CREATED.
   (A)   There is hereby created a Board of Ethics (Commission) which shall have the authorities, duties and responsibilities as set forth in this chapter to enforce the provisions of this chapter.
   (B)   The City Ethics Commission shall consist of three (3) members who shall be appointed by the mayor subject to the approval of the city council.  The initial members of the Ethics Commission shall be appointed within sixty (60) days of the effective date of this ordinance.  No member of the Ethics Commission shall hold an elected or appointed office, or any position of employment with the city or any city agency.  The member shall serve for a term of three (3) years; except that with respect to 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 member shall be appointed for a term of three (3) years.  Each member of the commission shall have been a resident of the city for at least one (1) year prior to the date of appointment and shall reside in the city throughout the term of office.  Members may be reappointed for any number of consecutive terms.
   (C)   A member of the Ethics Commission may be removed by the Mayor subject to the approval of the City Council for misconduct, inability, or willful neglect of duties.  Before any member 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 commission shall be filled within sixty (60) days by the Mayor subject to the approval of the City Council.  If a vacancy is not filled within sixty (60) days, the remaining members of the Ethics Commission shall fill the vacancy.  All vacancies shall be filled for the remainder of the unexpired term.
   (E)   Members of the commission shall serve without compensation, but shall be reimbursed all necessary and reasonable expenses incurred in the performance of their duties.
   (F)   Members of the commissions shall, upon initial appointment of its member, and annually thereafter, elect a chairperson from among the membership.  The chairperson shall be the presiding officer and a full voting member of the commission.
   (G)   Meetings of the commission shall be held, as necessary, upon the call of the chairperson or at a 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 an official action to be taken.  Any member of the commission who has a conflict of interest with respect to any matter to be considered by the commission shall disclose the nature of the conflict, shall disqualify himself/herself 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 commission and the vote of each member on any issue decided by the commission shall be recorded in the minutes.
(Ord. 1994-12, passed 11-14-94)