(a) Appointment of the Executive Director.
(1) City Charter Section 683(a) provides that the Executive Director is to be appointed by a citizens committee to a five-year term, subject in appointment to confirmation by the Council and Mayor, and that the Council by ordinance is to prescribe the composition and manner of selection of the citizens committee. This Subsection (a) implements those Charter provisions. The Executive Director shall be appointed, subject to confirmation as indicated, by the Citizens Committee for Appointment of the Executive Director of the Office of Public Accountability ("Citizens Committee") formed in accordance with the provisions of this Subsection.
(2) The Citizens Committee shall consist of five members: two members selected by the Mayor, two members selected by the Council President, and one member selected by the Chairperson of the Energy and Environment Committee (or its successor). One member selected by the Mayor shall be currently serving as a member of the board of a Neighborhood Council. One member selected by the Council President shall have a background in business.
(3) The Citizens Committee shall remain operative until appointment and confirmation of an Executive Director; provided, however, that following confirmation the Council and Mayor may agree, within 21 days after the vacancy has arisen, to reactivate the existing Citizens Committee should a vacancy in the position of Executive Director occur within twelve months after confirmation. Should the existing Citizens Committee not be reactivated or should a vacancy occur after conclusion of the twelve-month period, a new Citizens Committee shall be formed under the provisions of this Subsection (a).
(4) A member shall not be eligible for selection as Executive Director by the Citizens Committee on which the member serves or served. A member shall not be eligible, during the term of the Executive Director appointed by the Citizens Committee on which the member served, to serve in the position of Ratepayer Advocate, in another employment position in the Office of Public Accountability, or as contractor performing under a contract let by or funded by that office.
(5) Throughout his or her service on the Citizens Committee, a member shall be a Department customer and shall not be, nor have been within twelve months before appointment, a City officer, as identified in Charter Section 200, or an employee assigned to a management position in the Department.
(b) Removal of the Executive Director.
(1) Removal Procedure. The Council may remove the Executive Director from his or her position of employment in accordance with the following procedures. The Council, by two-thirds vote, may initiate removal proceedings by giving ten days written notice of a public hearing on the proposed removal to the Mayor, the Board of Water and Power Commissioners, and the Executive Director. Such notice shall cite one or more reasons for removal authorized by subsection (b)(2). At the hearing, the Mayor and the Board of Water and Power Commissioners shall appear to discuss with the Council whether the Executive Director should be removed from his or her position. The views of the Executive Director shall be heard and considered at his or her request. Thereafter, the Council, by two-thirds vote, may act to remove the Executive Director from employment, and the removal shall be effective immediately. Should the provision of an appeal from the removal be required by law, the Council shall, by ordinance, provide an appellate procedure in conformance with the law. Any such ordinance shall provide that the Executive Director may request an appeal by letter to the City Clerk with in five days of the effective date of the removal.
(2) Reasons for Removal. The Executive Director may be removed from his or her position for any reason or reasons that would serve as the basis for removing the City's civil service employees, as set forth in the Personnel Department's Guide to Disciplinary Standards, Policies of the Personnel Department Section 33.2 (December 11, 2008, and as amended or superseded), except that those standards' establishment of a higher standard of conduct for supervisors warrants additional emphasis for this position because as head of the Office of Public Accountability the Executive Director serves (a) as a guardian of the public trust, (b) without supervision by an appointing authority, and (c) as the appointing authority for employees in that office. Consequently, the Executive Director is expected to demonstrate a higher level of conscientiousness and integrity with respect to that position and thus should be held to a higher standard of conduct and potentially more severe levels of discipline.
(3) Suspension Pending Investigation of Alleged Misconduct. The Council President may suspend the Executive Director pending investigation of alleged misconduct for a period not to exceed 30 days upon written notice to the Executive Director and to the Council stating the necessity of such action. Prior to ordering such a suspension, the Council President shall consult the Mayor; provided, however, that if urgent action is necessary, such consultation shall occur at the earliest opportunity thereafter. Any such order shall be presented to the City Council for ratification at the earliest opportunity after its issuance. The Council may act to ratify, modify, or nullify the order. Should the Council not initiate removal proceedings within twenty-one days of such suspension, unless such time period shall have been extended by the Council, the suspension shall terminate at the end of that time period.
SECTION HISTORY
Added by Ord. No. 181,768, Eff. 8-7-11.
Amended by: Ord. No. 181,969, Eff. 1-23-12.