§ 2-60. Sanctions to be imposed or recommended by ethics commission; appeals.

(a)

If the ethics commission determines that a violation of the code of ethics has occurred, it shall proceed directly to determine the appropriate recommended sanctions. The ethics commission may receive additional testimony or statements before considering sanctions but is not required to do so. If the person complains against acted in reliance upon an opinion of the city attorney, the ethics commission shall consider the fact.

(b)

If the ethics commission determines that a violation of the code of ethics has occurred, it may impose or recommend the following sanctions:

(1)

The ethics commission may direct a letter of notification to any public official, or to the city manager of any employee. A letter of notification shall be the recommended sanction when the ethics commission finds that a violation is clearly unintentional, or when the conduct of the person complained against was done in reliance upon an opinion of the city attorney. A letter of notification shall advise the public official or city manager of steps that the public official or the city manager's employee should take to avoid future violations. The ethics commission shall send a copy of any letter of notification to city council, if the person complained against is a public official.

(2)

The ethics commission may direct a letter of admonition to any public official, or to the city manager of any employee. A letter of admonition shall be the recommended sanction when the ethics commission finds that the violation is minor or unintentional, but calls for a more substantial response than a letter of notification. The ethics commission shall send a copy of any letter of admonition to the city council, if the person complained against is a public official.

(3)

The ethics commission may direct a letter of reprimand to any public official, or to the city manager of any employee a letter of reprimand shall be the recommended sanction when the ethics commission finds that a violation has been committed intentionally, knowingly or with conscious indifference to the code of ethics. The ethics commission shall send a copy of any letter of reprimand to city council, if the person complained against is a public official. The ethics commission shall recommend that a letter of reprimand be placed in the public official's or employee's personnel file, if the public official is a city council appointee, or in a file maintained by the city secretary if the public official is an elected official.

(4)

The ethics commission may direct a letter recommending removal or suspension from office or employment to any public official, or to the city manager of any employee. A letter recommending removal or suspension from office or employment shall be the recommended sanction when the ethics commission finds that a serious or repeated violation of the code of ethics has been committed intentionally, knowingly or with conscious indifference to the code of ethics by a public official or employee.

a.

A letter recommending removal from office or a letter recommending suspension from office for a public official appointed by the city council shall be sent to the city council. In such cases the final authority to carry out a recommendation to remove or suspend a public official from office and the length of the suspension shall lie with the city council.

b.

A recommendation for removal or suspension of a city employee hired by the city manager shall be directed to the city manager. in such cases the final authority to carry out a recommendation to remove or suspend from such an office or employment and the length of the suspension shall lie with the city manager.

(5)

A letter of censure, a recommendation of recall, or a recommendation to institute proceedings for removal from office shall be the appropriate sanction when the ethics commission finds that a serious or repeated violation of the code of ethics has been committed intentionally, knowingly or with conscious indifference to the code of ethics by an elected public official. A letter of censure, a recommendation of recall, or a recommendation to institute proceedings for removal from office, directed to an elected city official, shall be transmitted to the city secretary and to the city council. Any recall proceedings shall be subject to the procedures specified in the city charter. Any proceedings for removal from office shall be in compliance with provisions of the City Charter and state law.

(Ord. No. 97-63, § 2, 8-14-97)