§ 1117 — Duties

Sec. 1117. - Duties.

(a) Advisory opinions. The Commission shall have the power and duty to render advisory opinions and to investigate and report on allegations of violations of the City's Charter and ordinances concerning conflict of interest and financial disclosure by members of the City Council, including the Mayor, the City Manager, the City Manager's assistants, department directors, the City Clerk, and the City Auditor, and appointed officers of City boards and commissions. The Commission with the concurrence of at least four members may issue advisory opinions upon the written request by any member of the City Council or the Mayor, the City Manager, the City Manager's assistants, department Directors, the City Clerk, the City Auditor, and appointed officers of City boards and commissions, and persons employed by the City not otherwise subject to review by an administrative ethics committee. Advisory opinions may also be rendered to address possible conflicts of interest if a person assumes a public office. (b) Investigations. (1) Authority. The Commission, with the affirmative vote of at least four of its members, upon the sworn complaint of any resident of the City or upon their own initiative, may investigate any alleged violation. (2) Availability of witnesses and evidence. The Commission shall have the power to examine witnesses under oath or affirmation and the power to subpoena all documents and persons necessary for their investigation. (3) Procedure. (A) Notification to the person. The Commission shall, upon receiving such sworn complaint, or following their own affirmative vote to consider an investigation, notify the municipal official or officer, in writing, of the nature of the alleged complaint. (B) Response of the person. The municipal official or officer shall be given at least ten days to provide the Commission with such information as the official deems appropriate to explain or justify the circumstances. (C) Decision to continue investigation. Thereafter, the Commission may, by an affirmative vote of at least four members, proceed to commence an investigation for the purpose of producing a final report and recommendations on the matter. (D) Hearing. At the request of the municipal official or officer, the Commission shall hold a hearing where the municipal official or officer can provide evidence and testimony and examine any other witnesses called to testify. (E) Response of the person. Prior to the issuance of its final report and recommendations, the Commission shall provide an opportunity for the municipal official or officer to respond to the report and recommendations.