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(A) No city official or employee shall willfully and knowingly use confidential information for pecuniary gain to any other person confidential information acquired by him in the course of and by reason of his official duties, nor shall any public official or employee use any such information for the purpose of pecuniary gain.
(B) No former city official or former employee shall use any confidential information to which he had access by virtue of his official capacity and which has not been made public concerning the property, operations, policies, or affairs of the city.
(Ord. 2006-O-018, passed 5-8-06)
For a violation of this subchapter, complaints and alleged violations of this subchapter shall be handled as follows.
(A) In the case of city employees, disciplinary action shall be maintained as provided in the city's personnel rules as the same may from time to time be amended.
(B) In the case of city officials, upon the complaint of any person filed with the City Clerk's office or on its own initiative, the City Council shall consider possible violations of this subchapter.
(1) A complaint alleging a violation of this dubchapter must be filed with the City Clerk within one year from the commission of the action alleged as a violation, and not afterward.
(2) Not later than five working days after the City Clerk receives a complaint, the City Clerk shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the City Administrator, the City Attorney, and the City Council and the person complained against. Not later than ten working days after receipt of a complaint, the City Council shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing.
(3) The City Council may consider possible violations of this subchapter on its own initiative. Within five working days of the City Council's decision to consider a possible violation of this subchapter, the City Council shall draft a written complaint specifying the section(s) of this subchapter alleged to have been violated and shall file a copy with the City Clerk, and provide a copy to the City Administrator, the City Attorney and the person complained against. Not later than ten working days after the filing of the complaint with the City Clerk, the City Council shall notify in writing the person complained against of the date for the preliminary hearing.
(4) The hearing before the City Council may be either in public or in private. All hearings shall be in public, unless the person complained against shall notify the City Clerk in writing of his or her desire to have a private hearing at least 72 hours prior to the time set for said hearing.
(C) Preliminary hearing.
(1) The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a violation of this subchapter has occurred. The person filing a complaint, or the legal counsel for the City Council in cases considered upon the City Council's own initiative, shall state the alleged violation and shall describe in narrative form the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint. Statements at a preliminary hearing shall be under oath, but there shall be no cross-examination or requests for persons or evidence issued for the hearing. Members of the City Council may question the complainant, legal counsel for the City Council, or the city official named in the complaint.
(2) The city official named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. The official may describe in narrative form the testimony and other evidence which would be presented to disprove the alleged violation. If the official agrees that a violation has occurred, he may so state and the City Council may consider the appropriate sanction or prosecution.
(3) The complainant and the city official named in the complaint shall have the right of representation by counsel.
(4) (a) At the conclusion of the preliminary hearing, the City Council shall decide whether a final hearing should be held. If the City Council determines that there are reasonable grounds to believe that a violation of this subchapter has occurred, it shall schedule a final hearing.
(b) If the City Council does not determine that there are reasonable grounds to believe that a violation of this subchapter has occurred, the complaint shall be automatically dismissed. A decision to conduct a final hearing is not a finding that a violation has occurred.
(5) The City Council, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this subchapter. Before a complaint is dismissed for failure to allege a violation, the complainant or the legal counsel for the City Council shall be permitted one opportunity, within a period to be specified by the City Council, to revise and resubmit the complaint.
(6) The complainant, legal counsel for the City Council, and the city official named in the complaint may ask the City Council at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled pursuant to the City Council's subpoena power granted under Neb. RS 16-406, as amended.
(D) Final hearing.
(1) The final hearing shall be held as expeditiously as possible following the determination by the City Council that there are reasonable grounds to believe that a violation of this subchapter has occurred, but in no event shall it be held more than 30 days after said determination. The City Council may grant one postponement, not to exceed 15 days each, upon the request of the city official named in the complaint or the complainant.
(2) The issue at a final hearing shall be whether a violation of this subchapter has occurred. The City Council shall make its determination based on the preponderance of the credible evidence in the record. All witnesses shall make their statements under oath. If the City Council determines that a violation has occurred, it shall state its findings in writing, shall identify the particular section(s) of this subchapter which have been violated, and within five working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the City Clerk. Said findings shall constitute a public record for the purpose of access by the public.
(Ord. 2006-O-018, passed 5-8-06)
If a complaint proceeds to a final hearing, the City Council may subpoena witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the City Council's duties or exercise of its powers, including its duties and powers of investigation. All hearings of the City Council under this subchapter shall be recorded by means of a mechanical recording device or by a certified court reporter.
(Ord. 2006-O-018, passed 5-8-06)
(A) If the City Council determines that a violation of this subchapter has occurred, it shall proceed directly to determination of the appropriate sanction(s). The City Council may receive additional testimony or statements before considering sanctions, but is not required to do so. if the city official named in the complaint acted in reliance upon a public written opinion of the City Attorney, the City Council shall consider that fact.
(B) If the City Council determines that a violation has occurred, it may impose the following sanctions:
(1) A letter of notification shall be the appropriate sanction when the violation is clearly unintentional, or when the official's conduct complained of was made in reliance on a public written opinion of the City Attorney. A letter of notification shall advise the official or employee to whom it is directed of any steps to be taken to avoid future violations. The City Council may direct a letter of notification to any official or employee covered by this subchapter.
(2) A letter of admonition shall be the appropriate sanction in those cases in which the City Council finds that the violation is minor and/or may have been unintentional, but calls for a more substantial response than a letter of notification. The City Council may admonish any official covered by this subchapter.
(3) A reprimand shall be the appropriate sanction when the City Council finds that a violation has been committed intentionally or through disregard of this subchapter. The City Council may reprimand any official covered by this subchapter.
(4) A letter of censure shall be the appropriate sanction when the City Council finds that a serious or repeated violation(s) of this subchapter has been committed intentionally or through culpable disregard of this subchapter by an elected city official. A letter of censure directed to an elected city official shall be transmitted to the City Clerk, and published in a newspaper of general circulation within the city.
(Ord. 2006-O-018, passed 5-8-06)
For the purposes of sections of this subchapter,
OFFICER
shall mean a member of any board or commission of the city which spends and administers its own funds, who is dealing with a contract made by such board or commission; or any elected city official. Volunteer firefighters and ambulance drivers shall not be considered officers with respect to their duties as firefighters and ambulance drivers.
(Ord. 2006-O-018, passed 5-8-06)