§ 2.92.200 — Disposition

2.92.200 - Disposition.

A. After hearing the complaint, the ethics review commission will issue a decision within thirty days based on the information available to the commission through the hearing process. The ethics review commission will: 1. Dismiss a complaint because no violation of this chapter has occurred; or 2. Find that a violation of this chapter has occurred and either find that a sanction is not appropriate, or issue a sanction. B. If after hearing the issues, the ethics review commission dismisses the complaint or finds that no violation of the ordinance occurred, the commission shall create a written report of their findings or dismissal, and such report shall be filed with the minutes of the meeting in the office of the city clerk, and a copy of the report shall be sent to the parties associated with the complaint by regular mail and/or electronic mail. C. At this time, the commission may determine if the complaint was frivolous. If the commission determines that a complaint is frivolous, they may issue a sanction provided in subsection D below. If within one year, a complainant is found to have filed more than one frivolous complaint, the complainant will not be able to file further complaints for the following two years. If a complainant who is banned from filing a complaint does so within their prohibited period, the city clerk may refuse to accept the complaint and will notify the commission so an additional two years can be added to the current prohibition. D. If after hearing the issues, the ethics review commission determines through clear and convincing evidence that a violation of this chapter has occurred, then the ethics review commission may issue on of the following sanctions: 1. Letter of notification. A letter of notification may be issued when the ethics review commission finds that a violation of this chapter was clearly unintentional. A letter of notification may advise the person to whom the letter is directed of any steps to be taken to avoid future violations. 2. Letter of admonition. A letter of admonition may be issued when the ethics review commission finds that the violation of this chapter was minor and/or may have been unintentional, but where the circumstances call for a more substantial response than a letter of notification. 3. Letter of reprimand. A reprimand may be issued when the ethics review commission finds that a violation of this chapter was committed intentionally or through disregard of this chapter. 4. Recommend removal from office. In addition to a letter of reprimand, removal from office may be recommended to the city council for action when the ethics review commission finds that a serious or repeated violation of this chapter was committed by an officer intentionally or through culpable disregard of this chapter. 5. Issue a fine not to exceed five hundred dollars payable to the city comptroller within thirty days of such order by the ethics review commission. E. If the ethics review commission votes to impose a sanction of a letter of notification, a letter of admonition, or a letter of reprimand, the commission shall prepare a written report of their findings, which shall be filed with the minutes of the meeting in the office of the city clerk. The city attorney shall draft the letter of sanction per the direction of the commission, file a copy of the letter in the employment file of the person receiving the sanctions where it shall remain as a permanent record, and send a copy of the letter to said person by both regular mail and certified mail, return receipt requested, and/or by electronic mail. F. If the ethics review commission recommends the imposition of the sanction of removal from office, it shall prepare a written report containing its recommendation. The report will be sent to the city clerk who shall, within fourteen days of receipt, place the matter on the city council agenda for discussion and action by the city council regarding the recommendation of the ethics review commission. The final authority to carry out a recommendation for removal from office shall be with the city council and shall take place in conformity with any other law or requirements for such removal. The recommendation(s) of the ethics review commission may be accepted, rejected, modified or recommitted to the commission for further action or clarification by city council. The city clerk shall, within fourteen days of the date of any city council action taken on a complaint, forward a copy of such action to the chair of the ethics review commission.

(Ord. No. 19139, § 1, 2-16-2021; Ord. No. 019581, § 6, 12-12-2023)