§ 2-250.58. Disposition.

(a)

Written opinion. The ethics panel shall make all reasonable efforts to issue a decision within ninety (90) days after the filing of a complaint. The ethics panel shall state in a written opinion its findings of fact and conclusions of law. The written opinion shall either:

(1)

Dismiss the complaint; or

(2)

Upon finding that there has been a violation of the ethics laws:

(A)

Recommend criminal prosecution and/or civil remedies, in accordance with this rule; or

(B)

State why no remedial action is recommended.

If the ethics panel determines that a violation has occurred, the opinion shall identify in writing the particular rule or rules violated. If the complaint is dismissed, the grounds for the dismissal shall be set forth in the opinion.

(b)

Notification. Copies of the opinion shall be forwarded to the complainant, the person charged in the complaint, the ethics compliance officer, and any member of the ethics review commission who did not participate in the disposition of the case. A copy of the opinion shall also be forwarded to the city secretary, who shall make it available as authorized by law.

(c)

Recommendations. A recommendation for criminal prosecution shall be forwarded to the city attorney or district attorney, as appropriate. A recommendation of civil remedies shall be forwarded to the city council for action.

(d)

Similar charges barred. If the complaint is dismissed because the evidence failed to establish a violation of the ethics laws, the ethics review commission shall not entertain any other similar complaint based on substantially the same evidence.

(e)

Factors relevant to sanctions. In deciding whether to recommend, in the case of a violation of the ethics laws, criminal prosecution and/or civil remedies, the ethics panel shall take into account relevant considerations, including but not limited to the following:

(1)

The culpability of the person charged in the complaint;

(2)

The harm to public or private interests resulting from the violation;

(3)

The necessity of preserving public confidence in the conduct of local government;

(4)

Whether there is evidence of a pattern of disregard for ethical obligations; and

(5)

Whether remedial action has been taken that will mitigate the adverse effect of the ethical violation.

(f)

Civil remedies. The following civil remedies may be recommended by an ethics panel which finds that the ethics laws have been violated:

(1)

Disciplinary action in accordance with section 2-250.71;

(2)

A suit by the city for damages or injunctive relief in accordance with section 2-250.72;

(3)

Disqualification from contracting in accordance with section 2-250.76;

(4)

Voiding of a contract in accordance with section 2-250.75.

(g)

Criminal prosecution. An ethics panel may recommend to the city attorney or district attorney criminal prosecution under sections 2-250.73 or 2-250.74 or under Section 171 of the Texas Local Government Code, as amended. Prosecution of any person for a violation of this ethics code shall not be undertaken unless and until an ethics panel has recommended criminal prosecution.

(Ord. No. 06-22, § 1(part H, § 8), 9-5-2006)