(A) (1) There is created hereby a Board of Ethics, which shall have the authorities, duties and responsibilities as set forth in this chapter to enforce the provisions of this chapter.
(2) The Board of Ethics shall consist of 3 members who shall be appointed by the Mayor subject to the approval of the City Council. The initial members of the Board of Ethics shall be appointed within 60 days of the effective date of this chapter. 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 3 years; except that with respect to the members initially appointed, 1 member shall be appointed for a term of 1 year, 1 member shall be appointed for a term of 2 years, and 1 member shall be appointed for a term of 3 years. Thereafter, all appointments shall be for a term of 3 years. Each member of the Board of Ethics shall have been a resident of the city for at least 1 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 re-appointed for any number of consecutive terms.
(3) A member of the Board of Ethics may be removed by the Mayor subject to the approval of the City Council 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 Mayor and City Council.
(4) Vacancies on the Board of Ethics shall be filled within 60 days by the Mayor, subject to the approval of the City Council. If a vacancy is not filled by the City Council 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 City Council, 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 2 or more members shall constitute a quorum and the affirmative vote of 2 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) 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 chapter;
(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 of documentary evidence relating to an investigation or hearing conducted by the Board;
(4) To refer any information concerning violations of this chapter to the Mayor, the governing body of any city agency, the county attorney, or other appropriate person or body, as necessary;
(5) To render advisory opinions to city and city agency officers and employees regarding whether a given set of facts and circumstances would constitute a violation of any provision of this chapter; and
(6) To enforce the provisions of this chapter with regard to all officers and employees of the city and city agencies who are subject to its terms, by issuing appropriate orders and imposing penalties authorized by this chapter.
(Ord. 248, Series 1994, passed 2-26-1995)