Charter Provisions Relating to the Board of Ethics

Charter Section
Charter Section 10-2. There shall be a Board of Ethics.
  1. The board shall consist of nine members appointed by the mayor with the approval of the council.
  2. The board shall:
    1. Initiate, receive, hear and investigate complaints of violations of this Article.
    2. Initiate impeachment proceedings against elected officers and officers appointed to elective office who are found by the board after investigation to have violated this Article. Such proceeding shall be brought in the name of the board which shall be represented by special counsel of the board's choosing.
    3. Render advisory opinions with respect to application of this Article on request. All requests for advisory opinions shall be answered within forty-five (45) days of its filing; failure to submit an advisory opinion within the forty-five (45) days shall be deemed a finding of no breach of this Article. (Amended 1992)
    4. Prescribe forms for the disclosures provided in this section and to implement the requirements of the disclosure provisions.
    5. Examine all disclosure statements filed and to comment on or advise corrective action as to any matters that may indicate a conflict of interest.
    6. Adopt such rules, having the force and effect of law, as will be necessary to provide for the enforcement of the provisions of this Article.
  3. In the course of its investigations, the board shall have the power to administer oaths and subpoena witness and to compel the production of books and papers pertinent thereto.
  4. The board, after due deliberation on issues before it, shall make findings of facts and conclusions of law regarding such issues and shall transmit the same to the appropriate appointing authority and the prosecuting attorney for appropriate disposition.
  5. If any officer or employee, or former officer or employee, obtains an advisory opinion from the board and governs himself accordingly, or acts in accordance with the opinions of the board, he shall not be held liable for violating any of the provisions of this Article.
  6. The council and mayor shall cooperate and provide financing and personnel reasonably required by the board in the performance of its duties.