(A) (1) The City Council shall appoint three members who have been residents of the city for, at least, one year prior to appointment and reside in the city throughout the term of office to form the Ethics Commission. Each member of this Commission shall serve a staggered three-year term. The initial members of the Ethics Commission shall be appointed within 60 days of the effective date of this amendment. The City Clerk will maintain a roster of the Ethics Commission members and their respective terms of office and will inform the City Council in sufficient time to name replacements at regularly scheduled meetings of the City Council.
(2) The chairman of the Ethics Commission shall be appointed by the City Council.
(3) The City Council may appoint an alternate member of the Ethics Commission who may be called on to serve when any regular member of the Commission is unable to discharge his or her duties. An alternate member shall be appointed for a three-year term and must meet all the qualifications and shall be subject to all of the requirements that apply to regular members.
(4) The Commission shall:
(a) Require any inquiry or complaint concerning ethical issues to be submitted in written form.
(b) Receive, hear and investigate written complaints concerning violations of this chapter and shall report to the full City Council for a final settlement as to the appropriate penalties as specified in § 38.07. In hearing and investigating complaints, the Commission shall have the power to subpoena witnesses, administer oaths, take testimony and require other production of evidence. All proceedings and records relating to a preliminary inquiry shall be confidential until a final determination is made by the Ethics Commission, except if such evidence may be used in criminal proceedings. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Ethics Commission shall be guilty of a misdemeanor and punishable by a fine of not more than $500 or by imprisonment for not more than 90 days or both, with each day of violation being considered a separate violation.
(c) Render advisory opinions concerning this chapter and may, at its discretion, publish same with such deletions as may be necessary to prevent disclosure of the individual or individuals involved or concerned.
(d) Meet only as necessary and shall issue advisory opinions within 30 days of the date of the meeting and formal findings of fact and conclusions of law within 60 days of any hearing alleging a violation of this chapter.
(B) The Ethics Commission shall hold and have responsibility for all materials and information, including, but not limited to, disclosure forms as provided for herein, complaints, records and testimony. Such materials and information are subject to "open records" disclosure as provided under state law. Upon expiration of two years after a person ceases to be an officer of employee of the city or after any election at which a candidate for elected office was not elected, the Commission shall cause to be destroyed any statements or financial interest or copies of the statements filed by the person.
(C) The Ethics Commission shall issue an annual report to the City Council. This report shall summarize activities, decisions, and advisory opinions of the Commission, and may recommend changes to the text or administration of this Code. The report, orally and in writing, shall be submitted to the City Council during the regularly scheduled January meeting in off-election years or the December meeting after election results are finalized.
(Ord. 298-1994, passed 11-21-94; Am. Ord. 501- 2009, passed 11-16-09; Am. Ord. 550-2016, passed 1-9-17; Am. Ord. 586-2019, passed 10- 21-19)