(A) Board of Ethics.
(1) There is hereby created a Board of Ethics which shall have the authorities, duties, and responsibilities as set forth in this subchapter to enforce the provisions of this subchapter.
(2) The Board of Ethics shall consist of three members who shall be appointed by the executive authority of the city, subject to the approval of the legislative body. The initial members of the Board of Ethics shall be appointed within 60 days of the effective date of this subchapter. No member of the Board of Ethics shall hold any elected or appointed office, whether paid or unpaid, or any position of employment with the city or any city agency. The members shall serve for a term of three years; except that with respect to the members initially appointed, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years, and one member shall be appointed for a term of three years. No more than two of the members shall be of the same political party. Each member of the Board of Ethics shall have been a resident of the city for at least one year prior to the date of the appointment and shall reside in the city throughout the term in office. The members of the Board of Ethics shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. The members may be reappointed for any number of consecutive terms.
(3) A member of the Board of Ethics may be removed by the executive authority, subject to the approval of the legislative body for misconduct, inability, or willful neglect of duties. Before any member of the Board of Ethics is removed from office under this section, the member shall be afforded the opportunity for a hearing before the executive authority and the legislative body.
(4) Vacancies on the Board of Ethics shall be filled within 60 days by the executive authority, subject to the approval of the legislative body. If a vacancy is not filled by the executive authority within 60 days, the remaining members of the Board of Ethics shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(5) Members of the Board of Ethics shall serve without compensation, unless otherwise approved by the legislative body, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.
(6) The Board of Ethics shall, upon the initial appointment of its members, and annually thereafter, elect a Chairperson from among the membership. The Chairperson shall be the presiding officer and a full voting member of the Board.
(7) Meetings of the Board of Ethics shall be held, as necessary upon the call of the Chairperson or at the written request of a majority of the members.
(8) The presence of two or more members shall constitute a quorum and the affirmative vote of two or more members shall be necessary for any official action to be taken. Any member of the Board of Ethics who has a conflict of interest with respect to any matter to be considered by the Board shall disclose the nature of the conflict, shall disqualify himself or herself from voting on the matter, and shall not be counted for purposes of establishing a quorum.
(9) Minutes shall be kept for all proceedings of the Board of Ethics and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(B) Alternate members. The executive authority of the city, with the approval of the legislative body, may appoint alternate members of the Board of Ethics who may be called upon to serve when any regular member of the Board is unable to discharge his or her duties. An alternate member shall be appointed for a term of one year. Alternate members shall meet all qualifications and be subject to all requirements of this subchapter that apply to regular members.
(C) Facilities and staff. Within the limits of the funds appropriated by the legislative body in the annual budget, the city shall provide the Board of Ethics either directly or by contract or agreement, with the facilities, materials, supplies, and staff needed for the conduct of its business.
(D) Powers and duties. The Board of Ethics shall have the following powers and duties:
(1) To initiate on its own motion, receive and investigate complaints, hold hearings, and make findings of fact and determinations with regard to alleged violations of the provisions of this subchapter;
(2) To issue orders in connection with its investigations and hearings requiring persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the Board who has the power to administer oaths;
(3) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production and documentary evidence relating to an investigation or hearing being conducted by the Board;
(4) To refer any information concerning violations of this subchapter to the executive authority of the city, the city legislative body, or the City Attorney, as necessary;
(5) To render advisory opinions to city officers and employees regarding whether a given set of facts and circumstances would constitute a violation of any provision of this subchapter;
(6) To enforce the provisions of this subchapter with regard to all officers and employees of the city who are subject to its terms;
(7) To control and maintain all statements of financial interest that are required to be filed by this subchapter and to ensure that all statements are available for public inspection; and
(8) To develop and submit any reports regarding the conduct of its business that may be required by the executive authority or legislative body of the city.
(Ord. 94-24, passed 12-20-1994; Ord. 2003-12, passed 12-16-2003)