04/22/2010 Special Meeting - Laserfiche WebLink

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VIcwN~~~ ll.a Ul Iiuw u ie caiwwaiC Niaiiti w aa ui tne wiu[tl, ir sucn communicauon resurcs in an enaorsement ot tne canaiaate, < decision not to endorse the candidate, or a contribution or expenditure required to be recorded or reported under a state statul (j) Actions which might otherwise be alleged to constitute a conflict of interest shall be deemed to comply with this Ordinance ~ not to be a conflict of interest if: (1) before acting, the public servant requested and received a written opinion from the City Attorney or a formal ethics opinion confidential advisory opinion from theBoard in accordance with the procedures established in this Ordinance; and (2) the material facts, as stated in the request for an opinion, are true and complete; and (3) the actions taken were consistent with the opinion. 211. Training and Education. To discuss this section, click here. The Ethics Commission (1) will, within one year after its passage, make this code, and explanations of its provisions (includinc information on how to fill out all forms and statements), available (including, but not limited to, on the city website) to all officia and employees, candidates and consultants*, and to municipal residents and to all persons doing business or interested in do business with the city, and (2) will develop educational materials and a required educational program for the officials and employees of the city, and those who do business with the city, regarding the provisions of this code. The educational prograr must begin within eighteen months after this code goes into effect. In addition, the Ethics Commission will hold an annual workshop for new and old officials and employees to discuss this code, its values and goals, its enforcement, and the ways in which it has affected their work and the working of the city government. 212 Annual Reports; Raview of Ethics Laws. To discuss this section, click here. 1. The Ethics Commission must prepare and submit an annual report to the legislative body, summarizing the activities, decisi and advisory opinions of the Commission. The report may also recommend changes to the text or administration of this code. report must be submitted no later than October 31 of each year, covering to the year ended August 31, and must be filed with f City Clerk and made available on the city website. 2. The Ethics Commission will periodically (no less than every five years) review this code, the enforcement of the code, and t l Commission's rules, regulations, and administrative procedures to determine whether they promote integrity, public confidenc and participation in city government, and whether they set forth clear and enforceable, common-sense standards of conduct. 1 at least one public hearing, it may recommend to the legislative body amendments to this code. 213. Filing a Complaint; Investigations. To discuss this section, click here. 1. Upon receipt of a sworn complaint on a form prepared by the Ethics Commission pursuant to 248(2), which any person or ntity may file, the Ethics Commission will first determine if it, in fact, alleges an action or inaction that, if the allegations are true, mi ht constitute a violation of this code, and that at least one person or entity accused of a violation is covered by this code. If the E hics Commission determines that no such action or inaction has been alleged or that no one accused is covered by this code, the it will dismiss the complaint with notice to the complainant. Similarly, if the Ethics Commission determines that an alleged violati n is so minor that it is not worthy of investigation, then it will dismiss the complaint with notice to the complainant. The Ethics Commission must make this determination within thirty days of receipt of a sworn complaint. Comment: Sworn complaints are the norm, and some ethics codes contain penalties for those who make knowingly false accusations in their complaints. But as is discussed above in the comments to 200(18), there is an argument for the allowanc of complaints made via a hotline, even for anonymous complaints, so long as they are investigated by the ethics commission an then brought in [he form of an ethics commission complaint, pursuant to subsection 3 below. Even with whistle-blower proteci on, city employees - the people who know best what is happening in the city - are afraid to come forward or get involved in controversial, protracted proceedings. Officials often depend on this reluctance when they aci unethically. Allowing hotline tip does not require changing this subsection, because the final complaint would be filed by ihe ethics commission. Most ethics codes limit complaints to individuals, but ihis model code allows entities fo file as well. This is especially intended to allow civic organizations and citizens groups to file complaints, because there are many instances where an individual's filing leads to slap suits and other forms of harassmenf from wealthy respondents. The ihreat of suit is one of the most serious obstacles to the workings of an ethics system. For more about minor or de minimis violations, see the City Ethics b/og posi on this topic. 2. A complaint must be filed within three years after the alleged violation occurred. Complaints may be filed against afficials a d employees* who no longer hold office or are no longer employed. 3. The Ethics Commission may, on it own initiative, determine that a violation of this code may exist and prepare a complaint f its own. The Ethics Commission may also amend a complaint that has been filed with it by adding further allegations, by deletin allegations that would not constitute a violation of this code, or by deleting allegations against persons or entities not covered y this code. 4. The Ethics Commission must send notification of the accepted complaint, as amended, to the respondent against whom th complaint was filed, not later than seven days after making the determination in subsection 1 or the preparation of a complain pursuant to subsection 3. A copy of the complaint, and of any amendments, must accompany such notice. The Ethics Commission must also send notification to the complainant in writing of its receipt and acceptance of the complaint, and of an amendments. Here and elsewhere, "complainanY" and "respondenY" might consist of more than one person or entity. 5. Settlement Agreements a. At any time after a complaint has been filed, the Ethics Commission may seek and enter into a settlement agreement with the respondent. The settlement agreement will, to the extent relevant, include the nature of the complaint, findings of fact, conclusions of law, the Commission's reasons for entering into the agreement, an admission of violation by the respondent, a promise by respondent not to do certain actions, the imposition of penalties permitted by this c de, remedial action to be taken, oral or written statements to be made, and a waiver of the right to a hearing and to appeal. b. In determining whether a matter is appropriate for settlement, the Ethics Commission should consider the following factors, as ell as other factors it considers relevant: (i) the severity of the alleged conduct; (ii) the respondenYs apparent level of knowledge nd willfulness regarding the alleged conduct; (iii) whether the alleged conduct appears to be an isolated event or part of a patter of conduct; (iv) whether the alleged conduct appears to indicate violations of criminal laws; (v) the complexity of issues or evide ce, and the likely scope of an investigation and hearings; (vi) the involvement of other agencies in the investigation of the respondenYs conduct; (vii) the existence of Ethics Commission precedent concerning the alleged conduct; (viii) the age of th 53