Ord 2601 - TMC Chapter 2.97 "Code of Ethics for Elected Officials" - Creation of Ethics Officer Position

Browse Search

1. Determine that the facts stated in the complaint, even if true, would not constitute a violation of the Code of Ethics. 2. Determine that the facts stated in the complaint, even if true, would not constitute a material violation of the Code of Ethics because any potential violation was inadvertent or minor or has been adequately cured, such that further proceedings on the complaint would not serve the purposes of the Code of Ethics. 3. Make a preliminary determination that the facts stated in the complaint, if true, could potentially constitute a violation of the Code of Ethics such that further proceedings are warranted. E. The Ethics Officer shall submit a written report of its determination of sufficiency to the complainant, the respondent, and the City Attorney within 20 days of its receipt of the written complaint. If the Ethics Officer determines that the complaint is insufficient, the complaint is dismissed and the matter is thereby closed. If the Ethics Officer determines the complaint sufficient, then the complaint shall be investigated as set forth in this section. The Ethics Officer's determination of sufficiency is final and binding and no appeal is available. F. For all complaints determined to be sufficient by the Ethics Officer, the City Attorney shall promptly designate an individual to conduct an investigation of the complaint and shall forward a confidential memorandum to all Elected Officials informing them that a complaint has been made. G. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is deemed sufficient, unless an extension is granted in writing by the City Attorney. A copy of the written investigation findings and conclusions shall be provided to the City Attorney. H. Within 5 business days of receipt of the investigator's written findings and conclusions, the City Attorney shall forward a copy of the investigation to the Chair of the Ethics Board. Copies of the recommended disposition and investigation findings and conclusions shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. I. Within 10 business days of receipt of the investigator's report, the Board of Ethics shall convene and review the complaint, findings, conclusions and recommended disposition. As soon as practicable after giving due consideration to the complaint, the Board shall take any action or combination of actions that it deems appropriate and for which it is lawfully empowered to take including, but not limited to, the following: 1. Determine that no violation of the Code of Ethics has occurred. 2. Determine that a violation of the Code of Ethics has occurred. 3. If the Board determines that it needs more information to make a determination as to whether the Code of Ethics has been violated, it may convene a hearing to take such additional evidence as required by the Board. The scope of evidence W: Word Processing\Ordinances\Code of Ethics -Elected Officials amended -Option 2 12-7-18 LH:bjs Page 3 of 5