A. Persons Who Are Not Public Servants Or Volunteer Public Servants: The city may impose any one or more of the following sanctions on a person who is not a public servant or a volunteer public servant for violations of the ethical standards in this chapter:
1. Written warnings or reprimands;
2. Termination of contracts; or
3. Debarment or suspension from contracting with the city.
B. Right Of The City To Debar Or Suspend: Debarment or suspension may be imposed by the city for violations of the ethical standards of this chapter, provided that such action may not be taken without the concurrence of the city attorney.
C. Due Process: All procedures under this section shall be in accordance with due process requirements, including, but not limited to, a right to notice and an opportunity for a hearing prior to imposition of any termination, debarment, or suspension from being a contractor or subcontractor under a city contract.
D. Recovery Of Value Transferred Or Received In Breach Of Ethical Standards:
1. General Provisions: The value of anything transferred or received in violation of the ethical standards of this chapter by a public servant, volunteer public servant, or other person may be recovered from both the public servant or volunteer public servant and the other person through judicial action.
2. Recovery Of Payoffs By The City: Upon a showing that a subcontractor made a payoff to a prime contractor or a higher tier subcontractor in connection with the award of subcontract or order thereunder, the amount of the payoff will be recoverable by the city hereunder from the recipient. In addition, that amount may also be recovered from the subcontractor making such payoff. Recovery from one offending party shall not preclude recovery from any other offending party. (Ord. 11-11, 2011)