(A) Purpose. There shall be created a Board of Ethics, the purpose of which is to review complaints of ethics violations allegedly committed by elected and non-elected officials who do not report to the City Manager, to issue findings and conclusions on same when deemed appropriate, to refer out ethics complaints to the City Commission when necessary. The City Attorney will advise the Board of Ethics when requested by the Board of Ethics or the City Manager and will attend Board meetings upon request. The City Clerk will serve as Secretary to the Board, but without voting rights.
(B) Board composition and term of office. There shall be four citizen members and one City Commissioner on the Board of Ethics, appointed to three year terms, except for those first appointed, two shall serve three years, two shall serve two years and one shall serve one year. Nominations to the Board may be made by any member of the City Commission, which must be approved by a majority vote of City Commissioners elected and serving. Board members must be residents of the city. Vacancies shall be filled in this same manner as original appointments and within 60 days of the vacancy. The Board shall meet as needed. Within 14 days of receiving a complaint the Chairman of the Board of Ethics shall call for a Board meeting by scheduling a meeting through the City Clerk. A special meeting of the Board may also be called by the Chairman of the Board for any reason. A special meeting may also be called by any two members of the Board, provided that the meeting request is in writing and submitted to the City Clerk stating the reason for the meeting and signed by the members of the Board calling the meeting.
(C) Powers and duties. In addition to any powers and duties described above, the Board of Ethics shall have the power to:
(1) Review and consider complaints alleging unethical conduct by an elected or non- elected official that does not report to the City Manager;
(2) Refer complaints of alleged unethical conduct to the City Attorney, law enforcement, and/or the City Commission for investigation when further investigation appears warranted;
(3) Issue non-binding findings and conclusions regarding alleged unethical conduct, which in turn will be considered either for ratification and/or as the basis further action by the City Commission;
(4) For elected officials, any discipline or sanction is limited by the provisions of the City Charter and the applicable laws of the state, as stated in accordance with § 37.02(A); and
(5) For non-elected officials, failure to abide by the ethical standards enumerated in this chapter can result in loss of city position, appointment, or committee membership as determined by the City Commission, as stated in accordance with § 37.02(B).
(Ord. 631, passed 9-25-2017; Am. Ord. 672, passed 2-27-2023)