(A) If a majority of the Council has reason to believe that one of its members has violated a provision of the Code of Ethics, it may open an investigation into the matter to determine whether probable cause exists to initiate censure proceedings against the member. All information compiled, including the grounds for any finding of probable cause, shall be shared with the member when it is received. All information pertaining to the case shall be open to public inspection and copying pursuant to the state public records statutes. If upon investigation the Council concludes that a violation of a criminal law may have occurred, it shall refer the matter to the local district attorney.
(B) Should the Council determine that it wishes to proceed further with censure proceedings, it shall call for a hearing, to be held at a regular meeting or at a special meeting convened for that purpose. Notice of the hearing stating its time, place and purpose shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the jurisdiction. The notice shall be published the first time not less than ten days or more than 25 days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but advertised on the jurisdiction’s website for the same period of time, up to and including the date of the hearing. The notice shall state that a detailing list of the allegation against the member is available for public inspection and copying in the office of the Clerk or Secretary to the Council.
(C) The hearing shall be convened at the time and place specified. The hearing and any deliberations shall be conducted in open session in accordance with the state open meetings statutes.
(D) The accused Council member shall have the right to have counsel present, to present and cross-examine expert and other witnesses, and to offer evidence, including evidence of the bias of any other Council member or the presiding officer. An audio or video and audio tape of the proceedings shall be prepared. Any and all votes during the hearing shall be taken by the ayes and noes and recorded in the Council’s minutes.
(E) Once the hearing is concluded, it shall be closed by vote of the Council. The presiding officer shall next entertain a motion to adopt a nonbinding resolution censuring the member based on specified violations of the Code of Ethics. Any motion made must be an affirmative one in favor of adopting a nonbinding resolution of censure. If the motion or resolutions does not state particular grounds for censure under the Code of Ethics, the presiding officer shall rule it out of order. The accused member shall be allowed to participate in the debate but shall not vote on the motion to adopt the resolution.
(F) At the conclusion of the debate, the Council shall vote on the resolution. If the motion to adopt the nonbinding resolution of censure is approved by a majority vote of those present and voting, a quorum being present, the motion passes and the nonbinding resolution of censure is adopted.
(G) The text of the nonbinding resolution of censure shall be made a part of the minutes of the Council. Any recording of the Council’s proceedings shall be approved by the Council as a permanent part of the minutes. The proceedings shall then be considered concluded; the Council having done all it legally can with respect to the matter in question.
(Ord. passed 12-9-2013)