Ethics Review Commission

El Paso City Code tit. 2, ch. 2.92, art. III

in effect

El Paso City Code § 2.92.100 Purpose and mission.

2.92.100 - Purpose and mission. A. In order to assist the city council, an ethics review commission of nine members is hereby established. B. The ethics review commission shall serve as an advisory body to the mayor and city council on matters concerning ethics in government of the city. (Ord. No. 19139, § 1, 2-16-2021)

El Paso City Code § 2.92.110 Membership.

2.92.110 - Membership. A. All members of the ethics review commission shall be residents of the city. Members cannot be city employees, hold any city elected office, or be a candidate for any city elected office. A member may contribute to a city political campaign as long as they are compliant with the City Charter. B. No member of the ethics review commission shall be related within the third degree of consanguinity or within the third degree of affinity to a member of the city council or the city manager. C. Members shall be appointed for a two-year period, except that appointments made to fill vacancies created during a term shall only serve for the remainder of the term. The term of each appointee shall commence on February 21 st and shall terminate on February 20 th at the conclusion of the respective term. Terms shall be staggered in the following manner: Mayor's appointee | Terms expire in even numbered years District 1 appointee: | Terms expire in even-numbered years District 2 appointee: | Terms expire in odd-numbered years District 3 appointee: | Terms expire in even-numbered years District 4 appointee: | Terms expire in odd-numbered years District 5 appointee: | Terms expire in odd-numbered years District 6 appointee: | Terms expire in even-numbered years District 7 appointee | Terms expire in even-numbered years District 8 appointee | Terms expire in odd-numbered years (Ord. No. 19139, § 1, 2-16-2021)

El Paso City Code § 2.92.120 Jurisdiction.

2.92.120 - Jurisdiction. The ethics review commission shall have jurisdiction to review alleged violations of Article II (Standards of conduct) of this chapter by officers, candidates, and political committees that occurred within two years of the complaint being filed. Additionally, the ethics review commission shall have jurisdiction over contributors and donors only to review alleged violations of Section 2.92.080 by contributors or donors who have obligations under that section. (Ord. No. 19139, § 1, 2-16-2021; Ord. No. 019581, § 2, 12-12-2023)

El Paso City Code § 2.92.130 Duties.

2.92.130 - Duties. A. The ethics review commission shall meet as necessary to accomplish the following duties. In order to conduct a meeting there must be a quorum of five members of the ethics review commission. 1. Review, evaluate and provide recommendations on issues as requested by the city council. 2. Provide recommendations for the city council regarding orientation programs or procedures for officers and volunteers focusing on education of the importance of ethics in city government and on the provisions of this chapter. 3. Provide information to the community on ethics in city government, as may be necessary for the promotion of the public trust. 4. Issue advisory opinions in the manner set forth in Section 2.92.150 below. 5. Review, evaluate and issue determinations, impose sanctions and provide recommendations to the city council on complaints regarding officers, candidates, political committees, and for compliance with City Code Section 2.92.080, donors or contributors described therein. 6. Provide information on the disposition of specific issues by referring to minutes of commission meetings and ethics review commission reports. 7. Periodically review and propose changes to this chapter and the forms utilized pursuant thereto. 8. Develop guidelines and procedures to promote compliance with this chapter. 9. Prepare written annual reports for the city council. Submit additional reports as needed. 10. Any other duties or assignments that may be directed by city council. (Ord. No. 19139, § 1, 2-16-2021; Ord. No. 019581, § 3, 12-12-2023)

El Paso City Code § 2.92.140 Procedures.

2.92.140 - Procedures. A. The ethics commission will hold their first meeting every year on or about the first business day after April 1 st . At this meeting, they will select a chair and vice chair and adopt rules for their proceedings, which shall be subject to approval by city council. The rules that are adopted must be consistent with the City Charter, city ordinances, and the ethics code, and shall, to the extent possible, be like the rules set up by city council for its own meetings. B. The chair of the ethics review commission shall make appointments to the advisory opinion panel as needed to issue advisory opinions to officers upon written request. The advisory opinion panel shall never have less than three members of the ethics review commission. C. The ethics review commission shall be assigned staff by the city manager to assist in its duties, as the city manager and city council deems necessary. In the case that the ethics review commission is hearing a complaint against a member of city council or the city manager, outside legal counsel may be retained when requested by the city attorney at any time during the ethics proceedings to perform his or her duties under Section 2.92.170 of this Code and any other duties for the remainder of the ethics proceeding. D. The ethics review commission may consolidate into one complaint the following: 1. Multiple complaints against the same officer that involve the same incident; or 2. Multiple complaints against the same officer that involve the same alleged misconduct. (Ord. No. 19139, § 1, 2-16-2021)

El Paso City Code § 2.92.150 Advisory opinions.

2.92.150 - Advisory opinions. A. By written request to the city attorney, any officer may request an advisory opinion regarding whether his or her proposed conduct would violate this chapter. Within thirty days of receiving the written request, the city attorney shall call a meeting of the advisory opinion panel to review the request. The panel shall meet to confer and issue and advisory opinion. The panel, however, showing a good cause, may decline to issue and advisory opinion or refer the matter to the whole ethics review commission. B. The city manager may request an advisory opinion regarding the proposed action or conduct of one or more employees by submitting a written request to the city attorney. The city will issue an opinion within thirty days of receiving the advisory opinion request, unless the city attorney, showing good cause, declined to issue an advisory opinion. C. A person who in good faith acts in accordance with a written advisory opinion issued by the advisory opinion panel or ethics review commission cannot be found to have violated this chapter by engaging in conduct approved in the advisory opinion if: 1. The person requested the issuance of the opinion; or 2. The request for an opinion fairly and accurately disclosed all relevant facts necessary to render an opinion. (Ord. No. 19139, § 1, 2-16-2021)

El Paso City Code § 2.92.160 Filing a complaint.

2.92.160 - Filing a complaint. A. Any resident of the city (including a member of the ethics review commission), or natural person conducting business with a city who believes a city employee has violated Article II of this chapter may file a sworn complaint to the city's human resources department or to the employee's supervisor. B.1. Any resident of the city (including a member of the ethics review commission) or natural person conducting business with the city who believes an officer, candidate, political committee, has violated Article II of this chapter within the last two years, may file a sworn complaint with the city clerk. 2. Any resident of the city (including a member of the ethics review commission) or natural person conducting business with the city who believes a contributor, donor, individual, or business entity has violated City Code Section 2.92.080 within the last two years, may file a sworn complaint with the city clerk. C. Any resident of the city (including a member of the ethics review commission) or natural person conducting business with the city who believes the city attorney, the city manager or the chief internal auditor has violated Article II of this chapter within the last two years, may file a sworn complaint with the mayor and the mayor pro tempore. D. A complaint filed under this section must be in writing and under oath and must include: 1. The name of the complainant; 2. The telephone number and the mailing address and/or electronic mail address of the complainant; 3. Proof of residence or that the complainant is conducting business with the city; 4. The name of each person complained about; 5. The position or title of each person complained about; 6. The nature of the alleged violation, including the specific provisions of this chapter alleged to have been violated; 7. A statement of the facts explaining the alleged violation and the dates on which or period of time in which the alleged violation occurred; and 8. All other documents or material relating to the alleged violation that the complainant can provide; a list of the documents or materials that are relevant to the alleged violation but are not in possession of the complainant or are unavailable to the complainant, including the location of such documents or materials; 9. An affidavit stating that the information contained in the complaint is either true and correct or that the complainant has good reason to believe and does believe that the facts constitute a violation of this chapter. If the complaint is based on information and belief, the complainant shall state the source and basis of the information and belief. Each complainant, other than a member of the ethics review commission, shall swear to the facts by oath before a notary public or other person authorized by law to administer oaths under penalty of perjury. The complaint must state on its face an allegation that, if true, constitutes a violation of this chapter that is administered and enforced by the commission. (Ord. No. 19139, § 1, 2-16-2021; Ord. No. 019581, § 4, 12-12-2023)

El Paso City Code § 2.92.170 Complaint review.

2.92.170 - Complaint review. A. The city clerk will review a filed complaint to ensure it is properly sworn and complete. If the complaint is missing required information, the city clerk will send the complaint back to the complainant through regular mail and/or electronic mail, and the complainant will have twenty-one days to correct the complaint and refile it otherwise the city clerk may reject the complaint. If the complaint is complete the city clerk will forward the complaint to the city attorney and the respondent within seven days. If the city attorney refers the complaint to the ethics review commission under subsection 2.92.170(B)(2) below, respondent has fourteen days from notice to respondent of such to file a response with the city clerk. B. Within twenty-one days of receiving the complaint from the city clerk, the city attorney will either: 1. Dismiss the complaint because it falls outside the ethics review commission's jurisdiction. If a complaint is dismissed in this manner the decision of the city attorney will be final. The city attorney shall provide a copy of the dismissal to the ethics review commission and to the complainant through regular mail or electronic mail; or 2. Refer the complaint to the ethics review commission. Once this occurs, the city attorney may confer with the chair of the ethics review commission and vice-versa about any procedural matters regarding the complaint. (Ord. No. 19139, § 1, 2-16-2021; Ord. No. 019581, § 5, 12-12-2023)

El Paso City Code § 2.92.180 Ex parte communications.

2.92.180 - Ex parte communications. A. It shall be unlawful to engage in any of the following ex parte communications regarding a complaint that has been filed pursuant to this chapter: 1. For the complainant, the respondent, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a complaint in ex parte communication with a member of the ethics review commission, a member of the city council, or any known witness to the complaint; or 2. For a member of the ethics review commission, to knowingly entertain an ex parte communication prohibited by subsection (A)(1) above, or to communicate about any issue of fact or law relating to the complaint directly or indirectly with any person other than a member of the ethics review commission. B. The city attorney or his/her designee conferring with the chair or members of the ethics review commission on procedural matters regarding a complaint shall not be considered prohibited ex parte communications. C. If a member of the ethics review commission violates this section of the chapter, they shall recuse themselves from any further proceedings regarding the complaint. Should the commission not reach a quorum because members recused themselves, then the city council shall appoint temporary members to the commission to hear the complaint or the chair of the ethics review commission shall appoint a panel with the remaining eligible members to complete the hearing and disposition process. Temporary membership to the ethics review commission expires upon the disposition of a complaint and may only be reinstated by city council if the complaint is to be reconsidered pursuant to the provisions in this chapter. (Ord. No. 19139, § 1, 2-16-2021)

El Paso City Code § 2.92.190 Hearing.

2.92.190 - Hearing. A. If a complaint is referred to the ethics review commission, the commission must schedule a hearing and provide copies of all relevant documentation to the members of the commission, the complainant, and the respondent within thirty days of being referred the complaint. While the complaint is pending members of the ethics review commission are prohibited from discussing the complaint or matters of the hearing with any officer, the city manager, or other employees of the city, or any other person whether that person is associated with the complaint or not. B. For all hearings, the person submitting the complaint and any persons named in the complaint will be sent written notice of the date, time, and place of the hearing by the ethics review commission through regular mail and/or electronic mail so each party may attend. C. If either the complainant or the respondent, or their attorneys, if any, are unable to attend any scheduled hearing, they may request a continuance of the hearing by submitting a written request for continuance to the ethics review commission through regular mail and/or electronic mail at least five days before the scheduled hearing. The complainant and the respondent, including their attorneys, shall receive one automatic continuance. Any other requests for continuance shall be delivered in writing to the ethics review commission through regular mail and/or electronic mail, and the chair will determine if a continuance will be granted at the next scheduled meeting. The request for continuance must be received at least five days before the scheduled hearing. The commission shall consider if granting continuance promotes fairness to all parties and if there is good cause shown in the request for continuance. D. The complainant, respondent, either of their attorneys, or any witnesses that have been requested to appear at the hearing may raise questions regarding the proceedings before the ethics review commission or any preliminary issues regarding the scheduled hearing to the attention of the city attorney. The city attorney or his or her designee shall resolve the matters to the extent possible, and if necessary, consult with the commission to determine the appropriate resolution at the commission's scheduled meeting. E. Only eligible commissioners of the ethics review commission will hear matters referred to the commission as a whole. If a commissioner recuses himself or herself, they will refrain from voting on the matter and from discussing the matter at any time with other commissioners of the ethics review commission. A commissioner shall not be eligible to hear issues under this chapter and shall recuse himself or herself in the following situations: 1. Where, because of familial relationship, employment, investments, or otherwise, his or her impartiality might be questioned; 2. When the commissioner issued the complaint; 3. When the complaint involved the member of city council who nominated him or her for a seat on the ethics review commission; 4. When the commissioner is not present during any portion of the hearing of the complaint. The commissioner shall recuse himself or herself from further hearing and matters regarding the complaint and will no longer be eligible to participate in the disposition of the complaint; or 5. When the complaint involved the member of the city council in whose campaign the commissioner, if during the last twelve months substantially participated by acting as a fundraiser or leader in the campaign, or contributing five hundred dollars or more. F. General rules for the hearing. 1. The ethics review commission may establish time limits and other rules relating to the participation of any person in the hearing for the purpose of establishing an orderly and fair hearing process for all participants. Such rules shall include determining parameters for opening and closing statements, the roles of the complainant and the respondent, limitations regarding testimony for non-relevant or cumulative witnesses, and the presentation and direct questioning of witnesses by the respondent, complainant, or their attorneys. 2. The respondent and the complainant have the right to attend the hearing, the right to make a statement and present witnesses pursuant to the rules set by the commission for the hearing, and the right to be accompanied by legal counsel or advisor. The respondent and the complainant may be advised by their legal counsel or advisor during the course of the hearing. The legal counsel or advisor of the complainant may not speak on behalf of the complainant, except to represent the complainant while testifying. The respondent, the complainant, or their legal counsel or advisor, may not personally question or cross-examine witnesses, except if the commission has granted them permission to do so. 3. As provided by the City Charter, the ethics review commission shall have the authority to request witness testimony and production. The commission chair or his/her designee on behalf of the commission, shall have the authority to request any and all necessary assistance from city council for the purpose of compelling testimony, including subpoenaing witnesses in accordance with the procedures set out by the City Charter and city ordinances. The commission will have the authority to bring matters to city council through agenda items properly drafted by the city attorney or his/her designee. 4. The city attorney and his/her designee will disclose any information or evidence actually known to them that would validate and/or negate the alleged violation of this chapter to the ethics review commission and to the respondent. 5. The ethics review commission is not bound by the rules of evidence, but will rely on evidence that a reasonably prudent person commonly relies on in the conduct of their personal affairs. The commission shall hear relevant evidence, but shall not rely on hearsay. (Ord. No. 19139, § 1, 2-16-2021)

El Paso City Code § 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)

El Paso City Code § 2.92.210 Reconsideration.

2.92.210 - Reconsideration. If the ethics review commission determines a violation of this chapter has occurred and imposes sanctions, the person who has received the sanctions may petition the ethics review commission to reconsider the matter only if there is newly discovered evidence which was not presented to the ethics review commission during the original proceedings. The person who was sanctioned may request the reconsideration by providing written notice to the city clerk within fourteen days of the date on the ethics review commission's written notice regarding the sanctions. If the sanctioned party does not provide written notice to the city clerk on or before the expiration of the 14 th day following the date of the written notice of the sanctions, the decision of the ethics review commission shall be final and no longer eligible for reconsideration. (Ord. No. 19139, § 1, 2-16-2021)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT2ADPE_CH2.92ET_ARTIIIETRECOFetched: 10/28/2026