(A) There is hereby created a commission to be known as the Ethics Commission appointed by the Mayor. The Commission shall be comprised of three members appointed by the Mayor with the advice and consent of the City Council members. No person shall be appointed as a member of the Commission who is related, either by blood or by marriage up to the degree of first cousin, to any elected officer of the city.
(B) At the first meeting of the Commission, the initial appointees shall draw lots to determine their initial terms. Two Commissioners shall serve two-year terms and the third Commissioner shall serve a one-year term. Thereafter, all Commissioners shall be appointed to two-year terms. Commissioners may be re-appointed to serve subsequent terms.
(C) At the first meeting of the Commission, the Commissioners shall choose a Chairperson from their number. Meetings shall be held at the call of the Chairperson or any two Commissioners. A quorum shall consist of two Commissioners and official action by the Commission shall require the affirmative vote of two members.
(D) The Mayor, with the advice and consent of the City Council members, may remove a Commissioner in case of incompetency, neglect of duty or malfeasance in office after service on the Commissioner by certified mail, return receipt requested, of a copy of the written charges against the Commissioner and after providing an opportunity to be heard in person or by counsel upon not less than ten days’ notice. Vacancies shall be filled in the same manner as original appointments.
(E) The Commission shall have the following powers and duties:
(1) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers;
(2) Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with § 35.999 of this chapter and refer violations of §§ 35.091 or 35.092 of this chapter to the appropriate attorney for prosecution. The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this subchapter and not upon its own prerogative;
(3) To receive information from the public pertaining to its investigation and to require additional information and documents from persons who may have violated the provisions of this subchapter;
(4) To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the city to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge; and
(5) The powers and duties of the Commission are limited to matters clearly within the purview of this subchapter.
(Prior Code, § 35.76) (Ord. 04-O-1804, passed 7-7-2004)