2.80.040 - Duties and powers.
A. The duties of the Board of Ethics shall include the following:
1. Annually review, hold public meetings, and make recommendations to the City Council regarding the overall effectiveness of RMC Chapter 2.78, including any adopted or proposed City policies, in accordance with the procedures established therein;
2. Receive and review complaints of violations of RMC Chapter 2.78;
3. Convene a hearing panel of the Board of Ethics to conduct hearings on complaints of violations of RMC Chapter 2.78 pursuant to the provisions of this chapter;
4. Conduct hearings on complaints of violations of RMC Chapter 2.78 in accordance with the procedures set forth therein;
5. Issue a decision with findings to the City Council for all complaints determined by the hearing panel of the Board to be a violation of RMC Chapter 2.78;
6. Establish meeting rules and procedures and hearing rules and procedures not in conflict with the Charter of the City of Riverside, Riverside Municipal Code, adopted rules and procedures of the City Council, or any local, state or federal law.
B. In order to carry out its duties, the Board of Ethics is authorized to:
1. Hold public meetings, review, discuss, and make recommendations to the City Council regarding the overall effectiveness of RMC Chapter 2.78, including any recommended amendments thereto or the adoption of or changes to policies implementing RMC Chapter 2.78;
2. Receive from the City Clerk and review all complaints of violations of RMC Chapter 2.78, including all submitted evidence;
3. Convene a hearing panel of the Board of Ethics to conduct hearings on complaints of violations of RMC Chapter 2.78 as follows:
a. A hearing panel shall be comprised of no fewer than five members of the Board and one alternate;
b. A hearing panel, once established, shall be the sole hearing body to conduct hearings and render decisions with findings on the complaint for which the panel was convened;
c. Immediately after a pre-conference is conducted by the Board of Ethics as set forth in RMC Section 2.78.075, if necessary a hearing panel shall be selected by the City Clerk by randomly drawing names of Board members until all names have been drawn. The first five names drawn shall constitute the hearing panel, with the sixth name drawn as an alternate;
d. The alternate shall be present at the hearing, but will not participate unless and until any member of the hearing panel is unable to continue as a member of the hearing panel. At that point the alternate shall become a member of the hearing panel;
e. Any Board member who is selected as a member of a hearing panel or alternate shall notify the City Clerk not less than 15 calendar days before the hearing that he or she is unable to participate on the hearing panel or as an alternate and the reasons why;
f. If any member of the hearing panel or the alternate so notifies the City Clerk, the alternate shall then become a member of the hearing panel and the seventh name of a Board member previously drawn shall then become an alternate. This process shall be followed until a five member hearing panel and alternate is established;
g. If, after the commencement of a hearing, the hearing panel does not have at least five members, the chairperson shall adjourn the hearing to a date certain. If the hearing can be reconvened with the same members of the hearing panel, then the hearing shall proceed from the point at which the hearing was adjourned. If the hearing cannot continue with all of the same members of the hearing panel as constituted at adjournment, then the hearing shall begin anew;
h. If a complaint concerns a member of the Board, that member shall be disqualified from participating on the hearing panel; and
i. The first name drawn by the City Clerk shall serve as chairperson of the hearing panel to preside at the hearing.
4. Conduct hearings, swear witnesses, receive and consider evidence, ask questions, and otherwise hold hearings in accordance with the provisions of RMC Chapter 2.78;
5. Render decisions with findings following a hearing on a complaint for violation of RMC Chapter 2.78, to be sent to the City Council for final action;
6. Adopt rules of procedure for the conduct of the business of the Board, and for the administration of hearings on complaints, so long as those rules of procedure do not conflict with the Charter of the City of Riverside, Riverside Municipal Code, adopted rules and procedures of the City Council, or any local, state or federal law.
7. Determine occurrences when outside legal counsel shall be used to advise the Board of Ethics or a hearing panel in lieu of the City Attorney. If outside legal counsel is so desired, the City Attorney shall contract with the appropriate party(ies).
(Ord. 7632 § 1(Exh. A), 2023; Ord. 7329 § 3, 2016)
