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2010_0210_Ethics_Packet
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2010_0210_Ethics_Packet
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Ethics Packet
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6 <br />Campaign Practices Act, and laws govern ing the functioning of municipalities, <br />their elected and appointed officials, and employees. <br /> <br />O. Cooperation with Ethics Committee Investigations. Public Officials shall <br />cooperate with ethics investigations and shall respond in good faith to reasonable <br />requests for information. <br /> <br />P. Resolution of Ethics Complaints. The Ethics Commission, City Attorney, or City <br />Manager, as the case may be, shall promptly attend to all ethics complaints in the <br />manner provided in this Code. It is expected that most complaints will be <br />investigated as necessary and presented to the City Council for consideration <br />within 45 days of submis sion of the complaint. <br /> <br />Section 4. Special Considerations <br /> <br />Situations can arise where a member of a commission, a board, or the City Council <br />abstains from voting because of a conflict of interest, but his or her abstention becomes a <br />vote either for or against the matter because a majority are required to pass or reject that <br />matter. This can happen where four-fifths vote is needed to pass an issue, or the vote has <br />to be a clear majority and a sp lit vote does not pass or reject. <br /> <br />When this happens, the City Attorney must be consulted a nd the final vote should carry a <br />public notice explaining what took place, and how it was resolved. <br /> <br />Section 5. Handling Alleged Vi olations of Code of Ethics <br /> <br />A. Complaints alleging ethical violations by Public Officials must be submitted in <br />written form to the City Atto rney. Complaints alleging et hical violations by City <br />employee Public Officials shall be submitte d in written form to the City Manager. <br />B. The City Attorney shall inve stigate all ethics complaints pertaining to non- <br />employee Public Officials unless the City Attorney has a conflict, in which case <br />outside counsel will be assigned the compla int. The City Manager will investigate <br />complaints pertaining to employee Public Officials. <br />C. If the City Attorney or City Manager determines that the subject of the complaint <br />may have committed a crime, the City Atto rney and City Manager shall refer the <br />matter to the appropriat e criminal authority. <br />D. If the criminal proceeding ends with a sentencing, said sentencing shall be <br />considered to be the final disposition of the complaint. <br />E. If there has been no violation of a cr iminal law, the City Attorney or City <br />Manager, as the case may be, shall issue a report that documents the results of the <br />City Attorney’s or City Manager’s investigation(s). <br />
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