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2.46.120. Determination by Commission

            (1)        After review of the complaint, the Commission shall determine whether there is clear and convincing evidence supporting a violation of the Municipal Officers' and Employees' Act by the named elected or appointed official.  If there are multiple alleged violations the Commission shall separately determine whether clear and convincing evidence supports each violation.  The determination shall be by majority vote of the Commission.

            (2)        If the Commission determines that no allegations in the complaint were proved, the Commission shall:

                        (a)        Issue an order that the complaint is dismissed because no allegations in the complaint were found to have been proven;

                        (b)        Provide notice of the determination of an unidentified elected or appointed official at a regular public meeting of the City Council; and

                        (c)        Provide written notice of the determination to the named elected or appointed official and the first named complainant on the complaint.

            (3)        If the Commission determines that one or more of the allegations in the complaint were proved, the Commission shall:

                        (a)        Prepare written summary findings and a recommendation for the City Council:

                                    (i)         Listing the name of each complainant and the name of the subject elected or appointed official;

                                    (ii)        For each allegation that was proven:

                                                (A)       Provide the reference to the Municipal Officers' and Employees' Act;

                                                (B)       Summarize the evidence supporting a violation by clear and convincing evidence;

                                                (C)       Make factual findings; and

                                    (iii)       Recommend appropriate action to the City Council.

                        (b)        Notify the named elected or appointed official and the first complainant on the complaint of the written summary findings and recommendation for the City Council; and

                        (c)        Orally report the summary findings and recommendation to the City Council in a regular meeting of the City Council.

            (4)        If the Commission finds a violation of the Municipal Officers' and Employees' Ethics Act, the Commission may recommend to the City Council any appropriate action or remedy, including but not limited to censor, reprimand, additional ethics training, or removal from office.  The Commission's recommendation may depend on the severity of the violation, the elected or appointed official's intent, any history or pattern of abuse by the named elected or appointed official, and any economic or other benefit received by the named elected or appointed official.
Ord. No. 13-04, Enacted, 1/17/2013

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