(A) The Ethics Commission may resolve complaints or investigations through agreed settlements with respondents.
(B) In negotiations to settle under this section, the chairperson or his or her designee will negotiate on behalf of the Ethics Commission. At an informal conference to negotiate, no record shall be made, and no statement made by any person at the conference shall be used as evidence in any subsequent public hearing or proceeding.
(C) If the respondent and the chairperson or his or her designee concur that an agreement would be appropriate, they may submit a proposal to the Ethics Commission for its approval or disapproval by majority vote. The proposal shall be in writing, and may include a recommendation of any sanctions that the respondent has agreed to accept. If the proposal is submitted prior to a vote of the Ethics Commission that probable cause exists to support an alleged violation, the Ethics Commission vote on approval or disapproval of the agreement shall be in executive session unless the respondent has waived confidentiality. If the proposal is submitted after the Ethics Commission has voted that probable cause exists to support an alleged violation, the vote on approval or disapproval of the agreement shall be taken at an open meeting.
(D) If the Ethics Commission disapproves the proposal, the Ethics Commission shall proceed as provided in § 33.142. If the Ethics Commission approves the proposal, the agreement shall be signed by the respondent and by a majority of the Ethics Commission members, shall be open to public inspection as a public record, and shall be presented to those persons as provided in § 33.143(D).
(E) In order to be a valid and binding agreement, an agreed settlement shall be approved by the agency head of the agency that employs the respondent if any of the terms of the settlement agreement would limit the agency's legal authority or legal discretion to implement disciplinary action against the respondent.
(Ord. G-12-17, passed 8-16-2012)