04/22/2010 Special Meeting - Laserfiche WebLink

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215. Finding o( Viotation; Penaities; Injunctive Relief. To discuss penalties and other relief, click here. 1. Disciplinary Action. Within thirty days after the last hearing, the Ethics Commission will determine whether to dismiss the complaint or, upon a find ng of a violation of this code, to take appropriate disciplinary action pursuant to 107 of this code, or to recommend disciplinary ac ion to the legislative body in circumstances where such action is required by 107(2) or by this section. 2. Finding a Violation. A finding of a violation of this code requires the affirmative vote of three members of the Ethics Commission that there is clear convincing evidence that the respondent has violated this code. Any member not present at all public hearings and deliberatic may not vote. The written final decision must specify the code sections violated and provide a factual explanation supporting f violation or, if no violation is found, findings of fact and the reasons for dismissal. When determining the appropriate penalty, t following should be considered: the severity of the respondent's offense; the po~ition and responsibilities of the respondent; tF presence or absence of any intention on the part of the respondent to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern. The Ethics Commission must 1 its memorandum of decision with the City Clerk, and send it to the complainant and respondent, within ten days after it votes. Comment: "Clear and convincing evidence" is only one possible basis on which to find a violation. Please provide informatior about other bases and your feelings about and experiences with ihem. 3. Reprimand or Civil Fine The Ethics Commission, on behalf of the city, may reprimand any person or entity it finds has violated this code, or it may imp on such person or entity a civil fine as provided in subsections 2 and 3 af 107 of this code. 4. Damages. The Ethics Commission, on behalf of the city, may initiate an action in the court of appropriate jurisdiction to obtain damages, provided in subsectian 4 of 107 of this code. 5. Civil Forfeiture. The Ethics Commission, on behalf of the city, may initiate an action or special proceeding, as appropriate, in the court of appropriate jurisdiction to obtain civil forfeiture, as provided in subsection 5 of 107 of this code. 6. Injunctive Relief. The Ethics Commission, on behalf of the city, may order a violator to cease and desist the violation if the violation is still ongo or it may initiate an action or special proceeding, as appropriate, in the court of appropriate jurisdiction for injunctive relief to e a violation of this code or to compel compliance with this code. The Ethics Commission may also order a violator of a disclosL requirement to file an unfiled disclosure statement or to add information to a filed disclosure statement. 7. Suspension and Removal from Office. The Ethics Commission may suspend or remove a respondent from office, or employ other sanctions or remedies authorized law or collective bargaining agreement not listed in this section or in 107. Comment: See comments to 107(2) for two alternative approached to suspension and removal from office, as well as commi re union and civil service conflicts. 8. Prosecutions. The Ethics Commission may refer possible criminal violations to the appropriate prosecutor. Nothing contained in this code be construed to restrict the authority of any prosecutor to prosecute any violation of this code or of any other law. 9. Debarment. To discuss this and other penalties relating to contracts, click here. If the Ethics Commission finds that a person or entity has intentionally or knowingly violated any provision of this code, that or entity is prohibited from entering into any contract with the city for a period not to exceed three years, pursuant to 108 of code. 10. Limit on Ethics Commission. Nothing in this section may be construed to permit the Ethics Commission to take any action with respect to any alleged viola ion of this code, or of any other law, by the Commission or by any of its members or full-time staff members. 11. Penalties imposed by the Ethics Commission are exclusive of, and not affected by, each other or any other penalties imp sed pursuant other laws or policies. Comment: Some cities require their ethics commissions to file suits through the city attorney's office. The problem with this approach is that it brings a political element into enforcement by allow the city attorney's office to choose whether or not to fil a suit or, if it does, to determine how to proceed and the amount of resources to devote to the matter. Since the city attorney is generally appointed and supervised by an individual or body that often has a special interest in the outcome of the matter, th city attorney often has a conflict of interest: does he or she act in the interests of a supervisor (Ioyalty and self-interest) or in the p blic interest (pursuing violators of the ethics code, but not for political reasons). It is better for the ethics commission to work throu h counsel that is working for it alone. 216. Judicial Review. To discuss this section, click here. Any person or entity aggrieved by a decision of the Ethics Commission may seek judicial review and relief pursuant to (state law]. 56