04/22/2010 Special Meeting - Laserfiche WebLink

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uie wrnmissiun musr nave rne aurnonry, wnen necessary, to oDtain independent counsei. for tnai reason, some muniapalitie may wish to require, in their ethics code, funding for such counsel. This raises the general issue of funding. One of the most popular ways to prevent an ethics commission from doing too good job investigating alleged violations of the ethics code is to restrict its budget. With a small budget, it will be forced to depend on th city attorney and wiil have to cut corners and delay investigations. If it is possible, a city seeking to improve its ethical environ ent should set a healthy budget for the next few years, with minimum increases tied to inflation. How do people feel about ex parte communications? Generally, they should not be allowed, but since ethics commissions do ot meet very ofren (unlike courts), ofren have no staff, and have an interest in resolving disputes quickly and through settlement, restricting ex parle communications can make the process slower and more difficult for everyone. What approaches have wor ed or been problematic? 208. Lists, Complaint Forms, and Disclosure Statements. To discuss this and the previous sections on ethics commission powers and duties, click here. 1. The Ethics Commission will annually review the list of officials and empioyees required to file annual disclosure statemenl determine whether the lists are complete and accurate. Within ninety days after it has been formed, and by February 1 each thereafter, the Ethics Commission must (a) cause to be filed with the City Clerk a list of the names and offices, or positions, officials and employees* and others required to file annual disclosure statements pursuant to 103 of this code; and (b) notify such persons of their obligation to file an annual disclosure statement. 2. The Ethics Commission will prepare forms for complaints and for annual, applicant, and transactional disclosure statemer and will make these forms available at the City Clerk's office and on the city's website, for easy downloading. 3. By June 15 of each year, the Ethics Commission must review all annual disclosure statements filed with it to determine w any person required to file such a statement has failed to file it, has filed a deficient statement, or has filed a statement that reveals a possible or potential violation of this code. 4. The Ethics Commission must review all transactional disclosure statements filed with it. 5. If the Commission determines that an annual or transactional disclosure statement is deficient or reveais a possibie or po violation of this code, the Commission will notify the person in writing of the deficiency or possible or potential violation, and penalties for failure to comply with this code. 209. Advisary Opinions. To discuss advisory opinions, click here. 1. Upon the written request of any officiai or erripioyee* - including former officials and employees" who served or were emplo ec within the prior three years, and also inciuding those who intend to soon become an official or employee - or candidate, consultant, or person or entity doing business with the city or intending to soon do business with the city, the Ethics Commissi n must render, within ten days after the date of its next regular meeting, a written advisory opinion with respect to the interpreta or or application of this Code. Any other person or entity may similarly request an advisory opinion, but oniy with respect to whet er his, her, or its own action might violate a provision of this code. If an official requires an earlier response, an informal verbal o e- mail opinion will be provided by the Ethics Officer. 2. The Ethics Commission will designate one of its members or alternate members, or another individual selected by the vote o at least four sitting members, to be the Ethics Officer, for the purpose of quickly responding to questions regarding the requirements of this Code. The Ethics Officer's phone number and e-mail address will be made availabie on the Commission' website. The Ethics Officer's informal opinions may be relied upon, in good faith, but will not be binding upon the Commission or upon the person making the request. With respect to the ASPA Ethics Code, only informal advice may be requested. 3. An advisory opinion rendered by the Ethics Commission, until and unless amended or revoked, is binding upon the Ethics Commission in any subsequent proceeding concerning the person or entity that requested the opinion and acted in good faith unless he, she, or it omitted or misstated a material fact in requesting the advisory opinion. The advisory opinion may also be relied upon by the person or entity, and may be introduced and used as a defense in any civil action brought by the Ethics Commission or the city. 4. If the Ethics Commission has reason to believe that an advisory opinion has not been complied with, it will take appropriat action to ensure compliance, including but not limited to the filing of a complaint pursuant to 213(3). 5. Advisory opinions and requests for advisory opinions (with names and other necessary details omitted to protect anonymit , unless the requesting party states otherwise) will be indexed and maintained on file by the Ethics Commission and will also b available on the city website. Relevant officials, employees, and businesses should be notified about advisory opinions that igF affect their conduct. 6. Any person aggrieved by an advisory opinion of the Ethics Commission may seek judicial review and relief Comment: This is the Ethics Commission's most important responsibility. It is very important for local government officials a employees, whenever they are uncertain as to whether they should proceed with a matter, to immediately seek advice. This ill prevent unethical conduct from occurring due to a lack of knowledge or understanding, and will create a series of precedents to guide officials and employees in the future. To avoid burdening the Ethics Commission with requests for formal advisory opinions, especially due to the urgency with whi h these opinions need to be provided to people faced with pressing decisions, ihis code permits a private citizen to request a f rmal advisory opinion only as to the permissibiliry of his or her own conduct. Any otficial, on the other hand, may request an advis ry opinion wifh respect to his own, a subordinate's, a superior's, or even a colleague's conduct. But anyone can request informa advice about any situation. Usually, Ethics Officers work on a volunteer basis. They can be very helpful in providing quick advice before possible conflict can cause problems. Ethics Commissions rarely meet offen enough to provide timely advice, and town, city, and county attorney rarely have the training, and rarely are unbiased enough, or seen as unbiased enough, to provide trusfworthy advice. There i nothing worse than having an official told by a government attorney that he or she can do (or not do) something which, whet er a violation of the efhics code or not, would undermine citizens' irust in their government officials. And yet this happens all the fi e. A truly neutral ethics officer can prevent this from happening. Cities might also consider allowing ordinary citizens to request advisory oprnions when they believe there is a difficult conflic question, and ihe relevant oHicial or employee will noi discuss the problem. The reference to civil actions in subsection 3 refers to actions for damages, civil forfeiture, debarment, or injunctive relief. 51