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SpecialMtg 2018-12-10 Item 2H - Ordinance - Creation of Ethics Officer Position
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SpecialMtg 2018-12-10 Item 2H - Ordinance - Creation of Ethics Officer Position
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12/6/2018 3:23:20 PM
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Council Agenda Packets
Agenda Packets Date (mm/dd/yy)
12/10/18
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Special Meeting
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C. No complaints shall be accepted or considered which relate to actions that took <br />place more than five years prior to the date such complaint was filed. <br />DG. Any individual receiving a complaint that this Code of Ethics has been violated <br />has an obligation to promptly forward the complaint, in writing, to the Board of EthicsEthics <br />Officer for a sufficiency determination. After reviewing the complaint, the Board Ethics <br />Officer may take any of the following actions and inform the complainant, the respondent <br />and the City Attorney, Mayor, or Council President as appropriate: <br />1. Determine that the facts stated in the complaint, even if true, would not <br />constitute a violation of the Code of Ethics. <br />2. Determine that the facts stated in the complaint, even if true, would not <br />constitute a material violation of the Code of Ethics because any potential violation was <br />inadvertent or minor or has been adequately cured, such that further proceedings on the <br />complaint would not serve the purposes of the Code of Ethics. <br />3. Make a preliminary determination that the facts stated in the complaint, if <br />true, could potentially constitute a violation of the Code of Ethics such that further <br />proceedings are warranted. <br />E. The Ethics OfficerBoard shall submit a written report of its determination of <br />sufficiency with its findingato the City within 10 20 days of its receipt of the written <br />complaint. If the Ethics Officer determines that the complaint is insufficient, the complaint <br />is dismissed and the matter is thereby closed. If the Board Ethics Officer finds determines <br />the complaint sufficient, then the complaint shall be investigated as set forth below in this <br />section. The Board'sEthics Officer's determination of sufficiency is final and binding and <br />no appeal is available. <br />F. For all sufficient complaints determined to be sufficient by the Ethics Officer, the <br />City Attorney shall promptly designate an individual to conduct an investigation of the <br />complaint and shall forward a confidential memorandum to all Elected Officials informing <br />them that a complaint has been made. <br />GF. The individual designated to conduct the investigation shall notify the subject of <br />the complaint that a complaint has been made. The designated investigator shall then <br />complete the investigation and prepare written findings and conclusions within 60 days of <br />the date the complaint is deemed sufficient, unless an extension is granted in writing by <br />the City Attorney. A copy of the written investigation findings and conclusions shall be <br />provided to the City Attorney. <br />HG. Within 5 business days of receipt of the investigator's written findings and <br />conclusions, the City Attorney shall forward a copy of the investigation to the Chair of the <br />Ethics Board. Copies of the recommended disposition and investigation findings and <br />conclusions shall be forwarded by certified mail to the complaining party and the party <br />complained against at their last known addresses. <br />W: Word Processing\Ordinances\Code of Ethics -Elected Officials amended strike-thru 10-16-18 <br />LH:bjs <br />Page 3 of 5 <br />51 <br />
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