A. Penalties. Upon any violation of the City provisions, including the undertaking of wrongful acts as described above or in the City of Reading Home Rule Charter, any of the following penalties shall be available to the Ethics Board for imposition:
(1) Admonition. In compliance with existing personnel practices, collective bargaining agreements and/or statutes, a letter to the respondent, the Mayor, the Managing Director, the Director of the Department in which the respondent is employed, if any, and the complainant, if any, indicating that the respondent has been found to have violated the City provisions.
(2) Public censure. In compliance with existing personnel practices, collective bargaining agreements and/or statutes, notification to the respondent, the Mayor, the Managing Director, the Director of the Department in which the respondent is employed, if any, and the complainant, if any, and the news media indicating that a violation of the City provisions took place and that the Board strongly disapproves of the actions of the public official or public employee.
(3) Recommendation to the Managing Director of suspension, without compensation for a stated period of time not to exceed 30 days, in compliance with existing personnel practices, collective bargaining agreements and/or statutes, with notification to the respondent, the Mayor, the Managing Director, the Director of the Department in which the respondent is employed, if any, and the complainant. If any such suspension is not imposed by the City, a written explanation of such decision shall be provided within five days to the Board.
(4) Recommendation to the Managing Director of termination in compliance with existing personnel practices, collective bargaining agreements and/or statutes, with notification going to the respondent, the Managing Director, the Mayor, the Director of the Department in which is respondent is employed, if any, and the complainant, if any. If any such termination is not imposed by the City, a written explanation of such decision shall be provided within five days to the Board.
(5) Referral to the appropriate authorities for criminal prosecution in cases where a violation of this Part 10 is also a violation of federal or state law.
(6) Ineligibility for holding any office or position within the City for a period of up to five years, as set forth in § 1202(b) of the Charter of the City of Reading.
(7) Impose a fine, not to exceed $1,000 per violation.
(8) Imposition of an administrative fine of not more than $1,000 to defray the actual cost and expense of investigating any violation.
(9) Any person who realizes financial gain by way of a violation of any provision of this Part 10, in addition to any other penalty provided by law or this Part 10, shall pay into the Treasury of the City, a sum of money up to the financial gain resulting from the violation. The Board shall determine the amount of financial gain realized.
(10) Any public official, public employee, person, corporation, company or other entity found to have participated in or benefitted from a violation of this Part 10 may be barred from participating in business dealings with the City for a period of time not to exceed five years, said period of time to be determined by the Board, in addition to being subject to any other penalty (prescribed by this Part 10) deemed appropriate by the Board.
B. Restitution; other penalties and remedies. After finding that an individual has violated any provision of the Charter or this code within the jurisdiction of the Board as provided for addition to penalties described in Subsection A:
(1) Order the subject to make restitution to those incurring damage or injury as a direct result of the actions of the subject that have been adjudicated as a violation of the code or Charter.
(2) Order the subject to cease and desist from engaging in a particular activity that is in violation of the code, Charter, or any order issued by the Board.
(3) Order the subject to take specified action to bring him/her into compliance with Board directives.
(4) Refer the matter for review or with specific recommendation for action to law enforcement, regulatory or other authorities with jurisdiction of the matters.
(5) Institute appropriate civil or equitable action to enforce the order and decision of the Board.
(6) Recommend to City Council the forfeiture of the office or position held by the subject with the City and recommend that the subject be ineligible to hold any City office or position for a period of up to five years following such decision.