(A) In addition to the penalty provided in § 2.88.090, any City officer or employee who knowingly conceals any financial interests in violation of this Chapter, or who willfully violates the requirements of this Chapter, is guilty of malfeasance and shall be subject to disciplinary action and/or forfeiture or suspension from office or employment.
(B) Unless otherwise provided in a collective bargaining agreement, the City Council shall be the body to hear and decide all matters concerning suspension or removal of any City employee or officer on the ground of a violation of this Chapter:
(1) Upon a complaint in writing and signed by any resident of the City being filed with the City Clerk, which complaint can be interpreted as a charge that a named City officer or employee has violated a provision of this Chapter, the City Attorney shall immediately investigate the complaint. Where the complaint is against the City Clerk, the complaint may be filed with either the City Manager or the City Attorney. When the complaint is against the City Attorney, it will be referred by the City Clerk to the City Manager who will retain private counsel to investigate and who will, if so ordered by the City Manager or the City Council, prosecute the charge. The authority to investigate includes the authority to order the appearance of witnesses, to administer oaths, and to compel the production of books, records, paper and electronic documents, and other evidence. Failure to obey such orders or to produce evidence as ordered under the provisions of this section may constitute grounds for the immediate termination or discharge of any officer, agent, contractor, or employee of the City.
(2) The person investigating the complaint shall provide a copy of the complaint to the person named in the complaint. The person named in the complaint may submit a written response to the person investigating the complaint identifying documents and persons the respondent would like the investigator to review and interview. Any such written response must be submitted within fourteen (14) calendar days of the date of mailing or delivery of the complaint.
(3) The City Attorney or retained counsel shall render an opinion to the City Manager and the City Council no later than thirty (30) days after the complaint is submitted. The opinion shall include their determination regarding whether a violation has occurred as charged in the complaint and a statement of the facts provided by the party whose actions are being questioned.
(4) When the City Attorney's opinion involves a member of the City Council, a hearing on the matters concerning the City Council member involved may be initiated by the introduction of a resolution of forfeiture by another member of the City Council, by a group of City Council members, or by a committee of the City Council.
(5) After the City Attorney's opinion or that of retained counsel has been delivered to the City Manager and the City Council, the City Manager, or a member of the City Council may, if they believe that reasonable people would differ as to whether a violation of this Chapter has occurred, proceed to bring the matter before the City Council for hearing by filing charges with the City Clerk. Any hearing shall be held no later than thirty (30) days after receipt of the opinion. The person named in the charges shall attend any such hearing and may be represented by counsel. Failure of the person named to attend the hearing in person shall be deemed an admission of the charges filed with the City Clerk.
(6) If the City Attorney cannot, in good conscience or without conflict, prosecute the charge, after direction to do so by the City Council, the City Manager or the City Council shall retain counsel for the purpose of prosecution. This provision shall apply to both divisions (B)(4) and (B)(5) of this section.
(7) The City Council shall issue written findings of fact and conclusions of law no later than fourteen (14) days after conclusion of any hearing. The decision of the City Council may be appealed to Superior Court in accordance with the Alaska Rules of Appellate Procedure. Notice of an appeal must be filed with the Superior Court within thirty (30) days of the issuance of the findings of fact and conclusions of law.
(Am. Ord. 2004-04, passed 3-9-04; Am. Ord. 2008-02, passed 3-11-08; Am. Ord. 2016-02, passed 2-23-16)