§ 2-250.52. Structure of the ethics review commission.

(a)

Establishment. There is hereby established an ethics review commission, which shall have the powers and duties specified in this subdivision.

(b)

Composition. The ethics review commission shall consist of five (5) members. The mayor and each member of the city council shall nominate one member of the commission. Each nominee must be confirmed by the city council. Nomination and confirmation of commission members shall be conducted at separate open meetings of the city council.

(c)

Terms of office. Commission members shall be appointed to two-year terms. Initial appointments shall be made so that terms are staggered. No member shall serve for more than three (3) two-year terms.

(d)

Qualifications. Members of the commission shall have good moral character and shall be residents of the city. No member of the commission shall be:

(1)

A salaried city official or employee;

(2)

An elected public official;

(3)

A candidate for elected city, county, and/or state public office;

(4)

An officer of a political party; or

(5)

A lobbyist required to register under subdivision E of this ethics code.

(e)

Removal. Members of the ethics review commission may be removed from office for cause by a majority of the city council only after a public hearing at which the member was provided with the opportunity to be heard. Grounds for removal include: failure to satisfy, or to continue to satisfy, the qualifications set forth in subsection (d); substantial neglect of duty; gross misconduct in office; inability to discharge the powers or duties of office; or violation of any provision in this code of ethics.

(f)

Vacancies. A vacancy shall be filled by a person who will serve for the remainder of the unexpired term. The appointment shall be made by the member of city council who is entitled to make appointments to the seat that was vacated, and must be confirmed by a majority of the city council.

(g)

Recusal. A member of the ethics review commission shall recuse himself or herself from any case in which, because of familial relationship, employment, investments, or otherwise, his or her impartiality might reasonably be questioned. A commission member may not participate in official action on any complaint:

(1)

That the member initiated;

(2)

That involves the member of city council who nominated him or her for a seat on the ethics review commission; or

(3)

During the pendency of an indictment or information charging the member with an offense, or after a finding of guilt of such an offense.

If the number of commission members who are recused from a case is so large that an ethics panel cannot be constituted, as provided for in section 2-250.56, the mayor shall nominate a sufficient number of ad hoc members so that the case can be heard. Ad hoc members of the ethics review commission must be confirmed by a majority vote of the city council and serve only for the case in question.

(h)

Chair and vice-chair. Each year, the commission shall meet and elect a chair and a vice-chair from among its members, who will serve one-year terms and may be re-elected. The chair or a majority of the commission may call a meeting of the commission. The chair shall preside at meetings of the ethics review commission and perform other administrative duties. The vice-chair shall assume the duties of the chair in the event of a vacancy in that position.

(i)

Reimbursement. The members of the ethics review commission shall not be compensated but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.

(Ord. No. 06-22, § 1(part H, § 2), 9-5-2006)