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suusianwai neyiect or oury, gross misconauct m omce, inaowty to aischarge the powers or duties ot omce, and violation ot thfs code. Comment: The party in power cannot be allowed to change the membership of the ethics commission when a colleague co before it. This does happen, and it can be very damaging to a city's trust in its government. It is preferable that it be made ve difficult to get rid of ethics commission members. Please share experiences with the removal or attempted removal of ethics commission members. 206. Ethics Commission: Meetings. To discuss the establishment and role of ethics commissions, click here. At its first meeting each calendar year, the Ethics Commission will elect a chair and a vice-chair from among its regular mem alternate members may vote for chair and vice-chair. A majority of the regular members is required for the Commission to tal any action. The chair or a majority of the regular members may call a meeting of the Commission. 207. Ethics Commission: Jurisdiction, Powers, and Duties. To discuss this and the following sections on ethics commission powers and duties, click here. 1. The Ethics Commission may only act with respect to current and former officials and ernployees*, consuliants*, applicants, candidates, and persons and entities that do business with the city, give gifts* to officials and employees* or their relatives*, o otherwise covered by the provisions of this code. 2. The termination of an official's or employee's term of office or employment with the city does not affect the jurisdiction of thE Ethics Commission with respect to the requirements imposed on him or her by this code. Comment: Jurisdiction over former officials and employees, as well as over those who do business with the city or give gifts, be controversial. The extent of jurisdiction allowed by courts (when they have had to decide this issue) varies among states, t often it is unclear, and many lawyers, especially those involved politically, will automatically say that there is no such jurisdictil Nothing makes government officials and employees feel more secure than knowing all they have to do is quit in order to prevE an ethics or corruption matter from being investigated. Therefore, it is important to make it clear in advance to officials and employees that quitting is not an antidote to ethics violations. I would like to hear about the law in various states, and experier people have had or know about where jurisdiction has been successfully or unsuccessfully challenged, and the effects of sucl challenges on ethics systems. 3. Unless otherwise stated, the Ethics Commission must send all official correspondence by registered or certified mail, or by personal service. 4. Unless otherwise stated, all Ethics Commission decisions or determinations must be made by the affirmative vote of three sitting members. 5. The Ethics Commission has the following powers and duties: (a) To prescribe and promulgate rules and regulations governing its own internal organization and procedures in a manner consistent with this code; (b) To appoint hearing officials, an executive director, if necessary, and such other staff as are necessary to carry out its dutie under this code, and to delegate authority to the executive director, if any, to act in the name of the Commission between meetings of the Commission, provided that the delegation is in writing and the specific powers to be delegated are enumerate and further provided that the Commission may not delegate the power to render a formal advisory opinion, determine a viotati impose a penalty, seek any remedy not otherwise delegated in this code to the legislative body, or refer a matter to a prosecu An executive director must meet the qualifications of an Ethics Commission member as specified in 203 of this code; (c) To prepare and provide forms for complaints and for annual, applicant, and transactional disclosure statements, pursuant sectioi7 208; (d) To review, index, and maintain on file disclosure statements filed with the Commission, pursuant to sections 202 and 208 this code; (e) To render, index, and maintain on file advisory opinions pursuant to section 209; (fl To review, index, maintain on file, and dispose of sworn complaints, and to make notifications and conduct investigations pursuant to section 213; (g) To conduct hearings, apply and recommend disciplinary action, assess penalties, make referrals, and initiate appropriate actions and proceedings pursuant to sections 214 and 215>ia>; (h) To dispose of waiver requests pursuant to section 210; (i) To provide training and education to officials, employees, and those doing business with the city pursuant to section 211; (j) To prepare an annual report and recommend changes to this code pursuant to sectian 212; (k) To provide for public inspection of certain records pursuant to section 217; and (I) To make this code and explanations of it available for reproduction and distribution pursuant to sectian 219. Comment: Subsection 4: "Sitting members" means those members, regular or alternate, who are sitting to make a determine about the relevant matter. This could mean a panel made up of inembers, or simply the members who hear a case (with one more alternates sitting for regular members) and who can, therefore, be the only ones able to decide it. Subsection 5: This model code is intended to minimize the administrative burden on municipalities. For that reason, only size cities will find it necessary to hire an executive director and staff for their ethics commissions. In such instances, the code shc speciiy the powers and duties of the executive director, for example, carrying out investigations or overseeing ethics officers. other municipalities can rely upon other municipal staff members for the occasional secretarial services or legal advice the enforcement of the law will require. However, care must be taken ihat any municipal staff used by ihe ethics commission maintain the confidentiality of commissi actions and remain free from conflicis of interesi and political and other pressures from superiors and peers. In particular, wh the city attorney is a polrtical appointee or is otherwise beholden to the chief elective otficial or a majority of the governing bo, 1 1 50