(A) A Lyndon Ethics Commission is hereby created, which shall be responsible for the enforcement and administration of the Code of Ethics adopted in this chapter in the manner set forth in this chapter.
(1) When requested by an appointing authority, the Ethics Commission shall have authority to issue an opinion concerning whether or not an act or activities undertaken by a Lyndon city officer, official or employee constitute a violation of this chapter. The Ethics Commission shall have authority to adjudicate factual issues, and to determine whether the alleged act or activity constitutes a violation of this chapter.
(2) The Ethics Commission shall consist of three members appointed by the Mayor and approved by City Council. Ethics Commission members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. Members of the Ethics Commission shall serve for a term of three years or until his or her successor is appointed. Provided, however, that the term of office may be less than three years at appointment if necessary to prevent the expiration of more than three members’ term of office in any one year. Members of the Ethics Commission shall not receive compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties in the same manner as provided by existing city policy for expense reimbursement.
(3) When a vacancy occurs in the membership of the Ethics Commission, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as regular appointments. Any person appointed to fill a vacancy on the Ethics Commission must meet the qualifications and limitations set forth in this chapter.
(4) The Ethics Commission shall prepare and submit an annual report to the city, summarizing the activities, decisions, and advisory opinions of the Ethics Commission. The annual report may also recommend changes to the text or administration of this Ethics Code. The annual report must be submitted not later than July 31 of each fiscal year, covering to the previous fiscal year ending June 30, and must be filed with the Lyndon City Clerk. On a monthly basis, a report must be prepared and submitted to City Council if any decisions or advisory opinions have been pending for more than 180 days from the date of the complaint or request.
(5) The Ethics Commission shall at least every four years review this Ethics Code, the enforcement of the Ethics Code, and the Ethics Commission’s rules, regulations, and administrative procedures, to determine whether they promote integrity, public confidence, and participation in the city’s governance, and whether they set forth clear and enforceable, common-sense standards of conduct. After at least one public hearing, the Ethics Commission may recommend to the City Council amendments to this Ethics Code.
(B) Complaints.
(1) Written complaints against the city’s officers, officials or employees which allege violations of this chapter may be filed by any person with the Ethics Commission and must be filed within one year of the time of the occurrence which is the subject of the complaint, or within one year of the date the occurrence was discovered or should have been discovered in the exercise of reasonable care. No unsworn complaint shall be considered by the Ethics Commission. The Ethics Commission shall have no jurisdiction to consider a complaint against a person unless that person is employed as a city officer, official or employee.
(2) The complaint shall be submitted on a form provided by the Ethics Commission and shall contain the complaining party’s name, address and contact information including telephone number, fax number or email address, if the complaining party has such contact availability. The complaint shall be made under oath and signed by the complaining party before a person who is legally empowered to administer oaths.
(3) The complaining party shall submit with the complaint all documents, recordings, pictures, and other information which support the basis for the ethical violation by the officer.
(4) The complaining party shall provide the names and addresses of all the individuals which the complaining party believes have information to support the allegation of a violation along with a summary of what information the complaining party believes each named individual has to support the alleged violation.
(5) A complaint that does not comply with the above requirements will not be filed in the records of the Commission, but shall be returned to the complaining party for correction or completion of any incorrect or incomplete information within ten days, and must be corrected and resubmitted within ten days.
(6) Any officer, official or employee of the city shall be given no less than 20 days to respond to a complaint or any amendment thereto.
(7) An officer, official or employee of the city who is the subject of any proceedings before the Ethics Commission shall be given no less than ten days’ notice of the date, time, and place of each proceeding. The notice shall also include a description of the matters to be heard at such proceedings together with copies of any motions or other documents to be considered in connection with the noticed proceedings whether in written or electronic form.
(8) A complaint filed against an officer of the city shall be given a hearing as provided by this chapter within 120 days of the complaint being filed, unless the Commission grants, for good cause shown, extensions of time not to exceed a total of 60 days. Otherwise the complaint shall be dismissed with prejudice and not be considered by any hearing authority.
(9) The officer, official or employee of the city shall be permitted to present to the Ethics Commission, at any proceeding before the Ethics Commission involving an officer, official or employee, or otherwise, any witnesses or any electronic or documentary evidence the officer, official or employee wishes, subject only to reasonable standards of relevance and materiality, and may examine or cross-examine all witnesses called to testify at such a proceeding.
(10) An officer, official or employee found guilty by clear and convincing evidence by the Ethics Commission of violating the Ethics Code may appeal the decision to a court of competent jurisdiction as provided by law. Any such appeal shall be served on Legal Counsel for the Ethics Commission.
(11) All Ethics Commission records, including the complaint and answer and other records relating to a preliminary inquiry, shall be confidential until a final determination is made by the Ethics Commission, except:
(a) The Ethics Commission may turn over to the Attorney General, the United States Attorney, Commonwealth’s Attorney, County Attorney, or a law enforcement agency within the jurisdiction, evidence which may be used in criminal proceedings;
(b) If the complaining party or alleged violator publicly discloses the existence of a preliminary inquiry, the Ethics Commission may publically confirm the existence of the inquiry and, in its discretion, make public any documents which were issued to either party.
(Ord. 3-24-14, passed 4-28-14)