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mC4w11119 utC lCy'~Iauve uuuy w mane e ueiermmarion on rne ernics commisslons recommenaauon is very important, becaus
<br />otherwise a council majority could prevent the matter from being debated (or they could dispose of it secretly in executive
<br />session).
<br />An alternative approach is to make it more clear what sort of violation of this code can lead to suspension or removal, and to
<br />require a supermajority, as in the following language.•
<br />The Ethics Commission may suspend or remove a respondent from office, or employ other sanctions or remedies authorized y
<br />law or collective bargaining agreement not listed in this section or in 215. To suspend or remove a respondent, the violation ust
<br />have been committed either with (i) fraudulent intent to secure the unjust enrichment of the respondent or another person or (i )
<br />malicious intent to inflict pecuniary or other substantial injury upon another person. A respondent can be suspended or remov d
<br />only by the vote of four members of the Ethics Commission.
<br />Two important limitations on an ethics commission suspending or removing employees must be taken inio account: (i) union r les
<br />and procedures; and (ii) civil service rules and procedures. Since these vary greatly, each city musi determine how to take th se
<br />into consideration without undermining the Ethics Commission's enforcement powers, especially with respect to elected and
<br />appointed officials who are neither union members nor civil service employees (and most ethics proceedings involve such
<br />officials). Protection of union and civil service prerogatives can be used a way to take enforcement power out of the Ethics
<br />Commission's hands. Please share your experiences with union and civil service conflicis with ethics enforcement.
<br />When politicians do give this power to an Ethics Commission, especially one not of their choice, it makes a strong commitme t to
<br />a neutral, non-politicized ethical environment and sends a clear message to people in the city government and to those who ork
<br />with it.
<br />Please also share your experiences with ethics commissions that do have the power to suspend or remove employees, as w~ll as
<br />with situafions where ihis power is reserved to the legislative body or other individuals or bodies.
<br />3. C+vil Fine.
<br />Any person or entity that violates any provision of this code may be subject to a civil fine of up to $2,000 for each violation,
<br />payable to the city. A civil fine may be imposed in addition to any other penalty authorized by this code or by law, other than
<br />forfeiture pursuant to subsection 5 of this section.
<br />4. Oamages.
<br />Any person or entity that violates any provision of this code is liable in damages to the city for any losses or increased costs
<br />incurred by the city as a resuit of the violation. Such damages may be imposed in addition to any other penalty authorized by
<br />code or by law, other than a civil forfeiture pursuant to subsection 5 of this section.
<br />. Civil Forfeiture.
<br />Any person or entity that intentionally or knowingly violates any provision of this code is subject to a civil forfeiture to the city o
<br />sum equal to three times the value of any financial benefit* he, she, or it received as a resuit of the conduct that constituted th
<br />violation. A civil forfeiture may be imposed in addition to any other penalty authorized by this code or by law, other than a civil
<br />pursuant to subsection 3 or damages pursuant to subsection 4 of this section.
<br />108. Debarment.
<br />To discuss penalties relating to contracts, click here.
<br />1. Any person or entity that intentionally or knowingly violates any provision of this code is prohibited from entering into any
<br />contract, other than an employment contract, with the city for a period not to exceed three years.
<br />2. Nothing in this section may be construed to prohibit any person or entity from receiving a service or benefit, or from using ;
<br />facility, which is generally available to the public.
<br />3. Under this section, a corporation, partnership, or other entity is not vicariously liable for the actions of an employee. A
<br />corporation, partnership, or other entity is not debarred because of the actions of an employee unless the employee acted in
<br />execution of company policy or custom. A store, region, division, or other unit of an entity is not debarred because of the acti
<br />of an employee of that unit unless the employee acted at the direction, or with the actual knowledge or approval, of the mane
<br />of the unit.
<br />109. Injunctive Relief.
<br />To discuss penalties and other relief, click here.
<br />1. Any resident, official, or employee of the city may initiate an action or special proceeding, as appropriate, in a court of
<br />appropriate jurisdiction for injunctive relief to enjoin any person or entity from violating this code or to compel any person or e ti
<br />to comply with the provisions of this code. In lieu of, or in addition to, injunctive relief, the action or special proceeding, as
<br />appropriate, may seek a declaratory judgment.
<br />2. No action or special proceeding may be prosecuted or maintained pursuant to subsection 1 of this section, unless (a) the
<br />plaintiff or petitioner has filed with the Ethics Commission a sworn complaint alleging the violation, (b) it is alleged in the comp a
<br />or petition filed with the court that at least six months have elapsed since the filing of the complaint with the Ethics Commissio ,
<br />and that the Ethics Commission has failed to issue a determination in the matter, and (c) the action or special proceeding is fil i
<br />within ten months after the alleged violation occurred.
<br />Comment: This section addresses the failure of the Ethics Commission to act on a matter before it. When the Ethics Commis
<br />does act within the period prescribed by subsection 2, the remedy of the aggrieved party (the complainant or the alleged viola
<br />lies in a proceeding to review the commission's determination (see 216). If the Ethics Commission files a determination in the
<br />matter after the 109 suit has been filed, the matter should proceed as a review proceeding, provided that the plaintiff or petitio
<br />is aggrieved by the Ethics Commission's determination.
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