HomeMy WebLinkAboutORD 2018-69 - Ethics OrdinanceORDINANCE NO. C10 I'j - (ol
AN ORDINANCE AMENDING CHAPTER 2.20 ENTITLED
"ETHICS" OF THE CODE OF ORDINANCES OF THE CITY OF
GEORGETOWN RELATING TO ETHICS RULES APPLICABLE
TO CITY OFFICIALS; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY;
PROVIDING FOR PUBLICATION AND SETTING AN
EFFECTIVE DATE.
WHEREAS, in 2004 the City Council of the City of Georgetown adopted an
Ethics Ordinance, which was codified as Chapter 2.20 of the City Code of Ordinances;
and
WHEREAS, on October 24, 2017 the City Council took action to amend the
City's Ethics Ordinance and appoint an Ad -Hoc Ethics Committee; and
WHEREAS, on June 12, 2018 the City Council reviewed the recommendations of
the Ethics Ad Hoc Committee; and
WHEREAS, on August 14, August 28, and September 11, 2018 the City Council
deliberated upon the ethical standards for City Officials and provided direction on the
specific provisions of an ethics ordnance; and
WHEREAS, these provisions are to be more comprehensive and cover a broader
range of ethical standards for City Official not included in the Texas Statute.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all
things conducted in compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct and are incorporated by
reference herein and expressly made a part hereof, as if copied verbatim.
Section 3. Chapter 2.20 entitled "Ethics" of the Code of Ordinances of the City of
Georgetown, Texas is hereby amended and shall provide as shown in EXHIBIT A.
Section 4. If any provision of this ordinance or application thereof to any person
or circumstance shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
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Description: Ethics Or' ina ice
Date Approved: S a01`1?7 .2018
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
Section 5. That all ordinances that are in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not
in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 6. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and effect
ten (10) days on and after publication in accordance with the provisions of the Charter of
the City of Georgetown.
2018.
PASSED AND APPROVED on First Reading on the a5 day of October,
PASSED AND APPROVED on Second Reading on the 13 day of
2018.
ATTEST:
Shelley Nowt' City Secretary
APPROVED AS TO FORM:
Charlie McNab , City Attorney
THE CITY OF GEORGETOWN
By: <I -L (
Dale Ross, Mayor
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Description: Ethics Ordina ce
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EXHIBIT A
Chapter 2.20 Ethics
Section 2.20.010: Declaration of Policy
A. City Officials will lead the City with a commitment to the preservation of the
values and integrity of representative local government and a dedication to the
promotion of efficient and effective governing.
City Officials shall comply with, and are expressly subject to, all local ordinances,
policies, and procedures. City Officials will be independent, impartial, and
responsible. City Official shall not permit any interest, financial or otherwise, to
conflict with the proper discharge of duties in the public interest. Governmental
decisions and policies are to be made in the proper channels of the governmental
structure. Public office shall not be used for illegal or improper personal gain.
City Officials shall at all times strive to avoid even the appearance of impropriety
or partisanship. The City Council shall be maintained as a nonpartisan body.
Public office is a position based on trust and service to the citizens of
Georgetown. City Officials have a special responsibility to the citizens of
Georgetown, and the following principles shall govern the conduct of each City
Official. City Officials shall:
1. be loyal to the interests of the citizens of Georgetown above all else. This
loyalty supersedes conflicting loyalty to advocacy or interest groups,
membership on other boards, employment with other organizations, and
personal interests as an individual citizen of the City;
2. be dedicated to integrity in all public and personal relationships and
conduct themselves, both inside and outside City service, so as to give no
occasion for the distrust of their integrity, impartiality, or devotion to the
best interests of the City and the public trust;
3. refrain from any activity or action that may hinder the ability to be
independent, objective, or impartial on any matter coming before the City;
4. condemn any unethical or illegal activity, such as using confidential
information for personal gain or misusing public funds or time;
5. recognize that public and political policy decisions are ultimately the
responsibility of the City Council;
6. conduct business in open meetings to further transparency and direct
accountability to the citizens of Georgetown; and
7. comply with the City's Ethics Ordinance (Chapter 2.20 of the Georgetown
Municipal Code) and other applicable rules and laws governing the
conduct of City Officials.
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B. This Chapter has four purposes:
1. To establish ethical standards in official conduct by City Officials;
2. To establish guidelines for ethical standards of conduct for all City
Officials;
3. To require disclosure by City Officials of financial or other interests in
matters affecting the City; and
4. To provide discipline for those who violate this Chapter.
C. The City recognizes that City Officials are active in the community and, therefore,
cannot and should not be without any personal and financial interest in the
decisions and policies of government. City Officials retain their rights as citizens
to interests of a personal or financial nature and their rights to publicly express
their views on matters of general public interest. It is not the intent of this Chapter
to diminish the rights of City Officials as citizens of the community.
D. The provisions of this Chapter do not apply to political contributions, loans,
expenditures, reports, or regulation of political campaigns or to the conduct of
candidates in campaigns.
E. This Chapter is intended to go beyond the requirements of Chapter 171 of the
Texas Local Government Code. This local ethics ordinance is more
comprehensive and covers a broader range of financial benefits that might accrue
to a City Official that are not included in the Texas Statute.
Section 2.20.020: Definitions
For the purposes of this Chapter the following definitions apply:
A. "Business Entity" means a sole proprietorship, partnership, firm, corporation,
holding company, joint-stock company, receivership, trust, or any other entity
recognized by law.
B. "City Official" means the Mayor, every member of the City Council, the City
Manager, the City Secretary, the City Attorney, and all members of any
commission, committee, or board appointed by the City Council.
C. "Confidential Information" means any information that a City Official would be
privy to because of the official's position but otherwise is not available to the
public under the provisions of the Texas Public Information Act (Tex. Gov. Code
Ch. 552).
D. "Economic Benefit" means any money, Property, contract rights, sale, lease,
option, credit, loan, discount, service, or other tangible or intangible thing of
value, whether similar or dissimilar to those enumerated.
E. "Family Member" means a person who is related to a City Official as spouse or as
any of the following, whether by marriage, blood or adoption: parent, child,
brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, father-in-law,
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mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, step
son-in-law, stepdaughter, step daughter-in-law, stepbrother, stepsister, half-
brother, half-sister, brother-in-law or sister -in law.
For purposes of this Chapter, spouse of a City Official includes a domestic
partner, which means an individual who lives in the same household and shares
common resources of life in a close, personal, intimate relationship with the City
Official if under Texas law the individual would not be prevented from marrying
the City Official on account of age, consanguinity, or prior undissolved marriage
to another. A domestic partner may be of the same, or opposite, gender as the
City Official.
F. "Gift" means a favor, hospitality, or Economic Benefit, of a value in excess of
$50.00 other than compensation but which does not include campaign
contributions reported as required by state law, gifts received if given on account
of kinship, or any value received by will, intestate succession, or as a distribution
from an inter vivos or testamentary trust.
G. "Household member" means a person living in the same single-family residence,
apartment, or other housing intended for separate living quarters as the City
Official, whether or not said person is related or unrelated to the City Official.
This term includes roommates, lodgers, or anyone sharing the housing unit as
their primary residence with the City Official.
H. "Income" means Economic Benefit received.
I. "Property" means real estate, personal items, equipment, goods, crops, livestock,
or an equitable right to income from real estate, personal items, equipment, goods,
crops, or livestock.
Section 2.20.030: Conflicts of Interest.
A. General Rule. It is unlawful for a City Official to take any official action in a
matter involving any of the following:
1. An outside employer of the City Official or the City Official's Family
Member or a member of the City Official's household;
2. A Business Entity if
a. The City Official or the City Official's Family Member owns:
Five percent or more of voting stock or shares of the
business entity; or
ii. Five thousand dollars or more of the fair market value of
the Business Entity; or
b. The City Official or the City Official's Family Member
receives funds from the Business entity that exceed ten percent of
that person's gross income for the previous year;
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3. Real Property in which the City Official or the City Official's Family
Member or member of the City Official's household has an equitable
interest or a legal ownership; or
4. A person or Business Entity from whom the City Official or a City
Official's Family Member has solicited, or received and not rejected a
good faith offer of employment within the past six -months
B. Recusal and disclosure. A City Official whose conduct, if he or she took an
official action, would otherwise violate subsection A or a state conflict of interest
law must recuse himself or herself from the discussion of and voting on the
matter. The City Official shall also promptly file an affidavit with the City
Secretary disclosing the nature and extent of the conflict and the affidavit shall be
included in the official minutes of the body.
C. Rule of Necessity. If abstention pursuant to subsection B would leave a City
Council, or a commission, committee or board appoint by the City Council with
less than a quorum capable of acting, members must disclose their conflicts on the
public record, but they may then discuss and vote on the matter.
D. Exceptions. The following are exceptions to Section 2.20.030 (A):
1. Ownership of an interest in a mutual or common investment fund that
holds securities or other assets unless the City Official in question
participates in the management of the fund;
2. Service by a City Official as an officer, director, advisor, or other active
participant in a nonprofit educational, religious, charitable or other civic
organization; or
3. The effect of the matter on a business entity, real property, or person
would be indistinguishable from its effect on members of the public in
general or a substantial segment of the public.
Section 2.20.040: Gifts
A. General Rule. It shall be unlawful for any City Official to solicit or accept any
Gift that is offered or given with the intention of influencing the judgment or
discretion of such the City Official or that is given in consideration of the
favorable exercise of the City Official's judgment or discretion in the past.
B. Disclosure Requirements. A City Official who receives gift(s) while traveling of
lodging, transportation, food, or entertainment as a guest from a person or
business entity that reasonably appear to exceed $2000.00 in aggregate value in
the previous twelve months must file with the City Secretary a disclosure form
with the following information:
1. The date the gift was received and who received it;
2. A description of the gift and the travel during which the gift was received;
3. The fair market value of the gift;
4. The name, address, and employer of the person who provided the gift;
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5. The name of any organization or individual represented by the person on
whose behalf the person was acting in providing the gift.
C. A disclosure statement required above must be filed no later than 5:00 p.m. on the
fourteen (14) business day after the date on which the City Official becomes
aware of the facts the require the filling of the disclosure statement or after the
date on which the City Official completes the travel.
Section 2.20.050: General Standards of Conduct
A. General Provisions. No City Official shall knowingly:
1. Disclose any Confidential Information gained through the official's
position concerning Property, operations, policies, or affairs of the City,
for gain or advantage in financial interests of the City Official or a Family
Member or Household Member of the City Official.
2. Use the official's position or City -owned facilities, equipment, supplies, or
resources of the City for gain in a financial interest of the City Official, for
a political campaign of the Official, or for any Family Member or
Household Member of the City Official.
3. Appear before the body of which the City Official is a member to
represent the City Official, or a Family Member or Household Member of
the City Official, unless specifically authorized to do so by City
Ordinance.
4. Act as surety for any person or business entity that has a contract with the
City or as a surety on any official bond required of an officer of the City.
5. Acquire an interest in any contract, transaction, property subject to a
zoning decision, or other matter, if the City Official knows, or has reason
to know that the interest will be affected by an impending official action
of the City.
6. Enter into an agreement or understanding with any other person that
official action by the City Official will be rewarded or reciprocated by the
other person.
7. Assert the prestige of the City Official's City position for the purpose of
advancing private interests.
8. State or imply that he or she is able to influence City action on any basis
other the merits.
9. Shall represent any person, group, or entity, other than himself or herself,
or his or her spouse or minor children, in any litigation to which the City is
a party, if the interests of that person, group, or entity are adverse to the
interests of the City.
10. Assist or induce, or attempt to assist or induce, any person to violate any
provision of this Chapter.
11. Violate the provisions of this Chapter through the acts of another person.
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B. Exceptions. The following exceptions apply to the General Standards of Conduct
listed in subsection (A):
1. Section 2.20.050 (A) (9) shall not apply to City Officials who are
classified as a City Official only because he or she is an appointed
member of a committee, commission, or board.
2. A City Official is not prohibited from representing the City Official's
interest in the City Official's owner -occupied homestead before any City
body except the body of which the City Official is a member.
3. A City Official may designate and be represented by a person of the City
Official's choice in any matter subject to Section 2.20.050 (A) (3).
Section 2.20.060: Ethics Commission
A. Creation of Ethics Commission.
This Chapter creates an Ethics Commission that consists of eight
members, all of whom must reside within the corporate limits of the City.
Each member of the City Council may nominate a citizen from his or her
district to serve on the Commission, and the Mayor may nominate one
citizen from the City at large. Nominations must be confirmed by a vote of
the City Council.
2. A vote to reject a nominee requires a super -majority. Members of the
Commission may not hold or be a candidate for any City elected or
appointed office at the time of their service on the Commission.
B. Role of the Ethics Commission.
1. The Ethics Commission has jurisdiction over ethics complaints involving
City Officials.
2. The Ethics Commission shall have the authority to review and investigate
complaints filed in accordance with this Chapter and issue a written
finding of the Commission's determination when appropriate.
3. Service on the Ethics Commission does not preclude a member from filing
a complaint with the Commission. The Commission member filing the
complaint must recuse himself/herself from the Commission procedure.
4. The Ethics Commission makes recommendations to the City Council
regarding revisions and changes to this Chapter.
5. The Ethics Commission may seek any necessary assistance from the City
Council and City Manager regarding financial support needed to carry out
the Commission's duties.
6. If warranted, independent legal counsel, a C.P.A., or other professional
advisors may be utilized to advise and assist the Commission and take part
in hearings.
C. Terms of Service.
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1. Except as provided below, members of the Commission shall serve two-
year terms. No member may serve more than two consecutive terms.
2. The terms of the initial Commission members shall begin on the day that
is one day after the date that the City Council approves the appointment of
the first eight Commission members. The terms of the initial eight
Commission members shall be staggered by members drawing lots at the
first Commission meeting such that four members serve until March l of
the calendar year that is one year following the calendar year that the
Commission members were initially appointed, and four members shall
serve until March 1 of the calendar year that is two years following the
calendar year that the Commission members were initially appointed.
Thereafter, all terms shall be for two years.
3. The second and subsequent appointments of members to the Commission
shall be staggered and shall be for terms of two years.
D. Commission Vacancies.
1. All vacancies shall be filled for unexpired terms.
2. Members hold office until their successors have been appointed and
continue to hold office after a successor has been appointed for the limited
purpose of disposing of all complaints unresolved during that member's
term.
3. No member may participate in a decision regarding a complaint for which
hearings have commenced prior to his or her appointment.
E. Officers.
1. The Commission shall elect a Chairperson, Vice -Chairperson, and
Secretary at its annual meeting.
2. The Vice -Chairperson shall conduct meetings in the absence of the
Chairperson or in the event of a vacancy in that position.
3. The officers serve one-year terms.
F. Quorum. Five or more members of the Commission constitute a quorum, but no
action of the Commission shall be of any force or effect unless it is adopted by the
favorable vote of five or more members.
Sec. 2.20.070- Role of the City Attorney.
A. The City Attorney serves as legal counsel to the Ethics Commission. When
complaints are filed relating to the Mayor, City Council members, City Manager,
City Attorney, or other City Official on a matter in which the City Attorney has
served as Ethics Advisor, independent legal counsel may be utilized to advise the
Commission and take part in its proceedings.
B. The City Attorney serves as Ethics Advisor to City Officials. As Ethics Advisor,
the City Attorney is available to respond confidentially to inquiries relating to the
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Ethics Ordinance (this Chapter) and may render advisory opinions on potential
conflicts of interest or violation of this Section at the request of a City Official.
The advisory opinion in any subsequent charges concerning the matter may be
used as a defense to an alleged violation of this Section unless material facts were
omitted or misstated by the person requesting the opinion.
C. If a complainant alleges a violation by the City Attorney, the complaint must be
filed with the City Secretary, with a copy to the Mayor and the City Manager.
Section 2.20.080: Complaint Procedures
A. Filing.
1. Any person who believes that there has been a violation of this Chapter
may file a sworn complaint. A complaint alleging a violation of this
Chapter must meet the requirements of Section 2.20.080 (A) (2) and must
be filed with the City Secretary.
2. Required Contents of a Complaint. An ethics complaint must be in writing
and under oath and must set forth in simple, concise, and direct statements
the following:
a. The name of the complainant;
b. The street or mailing address and the telephone number of the
complainant;
c. The name of the person who allegedly committed the violation;
d. The position or title of the person who allegedly committed the
violation;
e.The nature of the alleged violation, including, if possible, the
specific rule or provision of this Chapter alleged to have been
violated;
f. A statement of the facts constituting the alleged violation and the
dates on which or period of time in which the alleged violation
occurred; and must contain the following:
i. Documents or other material available to the complainant
relevant to the allegation;
ii. A list of all documents or other material relevant to the
allegation and available to the complainant, but that are not
in the possession of the complainant, including the location
of the documents, if known; and
iii. A list of all documents or other material relevant to the
allegation, but unavailable to the complainant, including
the location of the documents, if known.
g. If the complaint is based on information and belief, the complaint
shall state the source and basis of the information and belief.
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3. The complaint must be accompanied by an affidavit stating that the
information contained in the complaint is true and correct and that the
complainant has good reason to believe and does believe that the facts
alleged constitute a violation of this Chapter.
4. Upon request, the City Secretary shall provide information to persons
about the requirements of a complaint and the process for filing a
complaint.
B. Confidentiality and Ex Parte Communications.
1. No City Official shall reveal information relating to the filing or
processing of a complaint except as required for the performance of
official duties.
2. All documents relating to a pending complaint are confidential, unless
they are required to be disclosed under the Texas Public Information Act
(Tex. Gov. Code Ch. 552).
3. After a complaint has been filed, and during the consideration of a
complaint by the Commission, a member of the Commission may not
communicate directly or indirectly with any party or person about any
issue of fact or law regarding the complaint, except at a meeting of the
Commission. This provision does not prevent a member of the
Commission from consulting with the City Attorney regarding procedure
and legal issues.
C. Notification.
1. A copy of a complaint which meets the requirements of this Section shall
be promptly forwarded by the City Secretary to the City Attorney, the
Ethics Commission, and to the person charged in the complaint.
2. The person alleged in the complaint to have violated this Chapter shall be
provided with a copy of the Ethics Ordinance (this Chapter) and informed
that:
a.14 days of receipt of the complaint, a sworn response must be filed
with the City Secretary;
b. Failure to file a response does not preclude the City Attorney
from processing the complaint;
c.A copy of any response to a complaint must be provided by the
City Secretary to the complainant, who may within seven days
respond by sworn writing filed with the City Secretary, who shall
provide a copy of the sworn writing to the person charged in the
complaint. Copies of all responses shall also be provided by the
City Secretary to the Ethics Commission.
3. City Officials have a duty to cooperate with the City Secretary, the City
Attorney, and the Ethics Commission in any proceeding under this
Chapter.
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Section 2.20.090. - Hearing Process.
A. Preliminary Hearing.
As soon as reasonably possible, but in no event later than 60 days after
receiving a complaint, the Commission shall conduct a Preliminary
Hearing. The purpose of the preliminary hearing is to determine whether
there are reasonable grounds to believe that a violation of this Chapter has
occurred.
2. The complainant and the City Official named in the complaint have the
right of representation by counsel.
Statements at a Preliminary Hearing shall be under oath, but there shall be
no cross examination or requests for persons or evidence issued for the
hearing.
4. The person filing a complaint shall state the alleged violation and describe
in narrative form the testimony and other evidence which are presented to
prove the alleged violation as stated in the written complaint.
5. The City Official named in the complaint shall have the opportunity to
respond but is not required to attend or make any statement. The official
may describe in narrative form the testimony and other evidence presented
to disprove the alleged violation. If the official agrees that a violation has
occurred, the Commission may consider the appropriate sanction.
6. Only members of the Commission may question the complainant, the
independent counsel for the Commission, or the City Official named in the
complaint.
7. At the conclusion of the Preliminary Hearing one of the following actions
shall be taken:
a.If the Commission does not determine that there are reasonable
grounds to believe that a violation of this Chapter has occurred,
the complaint shall be dismissed.
b. If the Commission determines that there are reasonable grounds
to believe that a violation of this Chapter has occurred, it shall
schedule a final hearing.
c.If the City Official has agreed that a violation has occurred, the
Commission may proceed to determine the appropriate sanction.
B. Final Hearing.
A final hearing shall be held as expeditiously as possible following the
determination by the Commission that there are reasonable grounds to
believe that a violation of this Section has occurred, but in no event shall it
be held more than 30 days after said determination. The Commission may
grant two postponements, not to exceed 15 days each, upon the request of
the City Official named in the complaint.
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2. If a complaint proceeds to a final hearing, the Commission may request
witnesses to attend and testify, administer oaths and affirmations, take
evidence and request the production of books, papers, records, or other
evidence needed for the performance of the Commission's duties or
exercise of its powers, including its powers of investigation. Failure to
comply with these requests becomes part of the material to be considered
by the Commission in making this determination.
3. The issue at a final hearing is whether a violation of this Chapter has
occurred. The Commission shall make its determination based on the
evidence in the record. All witnesses shall make their statements under
oath. If the Commission determines that a violation has occurred, it shall
state its findings in writing, identify the particular provision(s) of this
Chapter which have been violated, and within five working days deliver a
copy of the findings to the complainant, the person named in the
complaint, and the City Secretary. The City Secretary shall deliver a copy
of the findings to the City Council.
Section 2.20.100: Sanctions and Violations.
A. If the Commission determines that a violation of this Chapter has occurred after
completing the Hearing Process, it shall consider appropriate sanctions. The
Commission may receive additional testimony or statements before considering
sanctions, but is not required to do so.
B. If the Commission determines that a violation has occurred, they may impose the
following sanctions:
1. A letter of notification when the violation is clearly unintentional, or when
the respondent's conduct complained of was made in reliance on a public
written opinion of the City Attorney. A letter of notification may advise
the respondent of any steps to be taken to avoid future violations.
2. A letter of admonition when the violation is minor or may have been
unintentional, but calls for a more substantial response than a letter of
notification.
3. A reprimand when the violation has been committed intentionally or
through disregard of this article.
4. A letter of censure when a serious or repeated violation of this article has
been committed intentionally or through culpable disregard of this article
by a City Official.
C. If the Commission determines that a serious or repeated violation of this article
has been committed intentionally or through culpable disregard of this article by a
City Official other than a City Council member, the Commission may recommend
to City Council the removal or suspension of the City Official, including a
recommendation for the length of a suspension. The final authority to carry out a
recommendation regarding removal of a City Official is the City Council.
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D. If the Commission determines that a serious or repeated violation of this article
has been committed intentionally or through culpable disregard of this article by a
City Council member, the Commission may make a finding to recommend the
initiation of a recall procedure of the City Council Member pursuant to the City
Charter. The final authority to carry out a recommendation regarding recall of a
City Council Member rests with the citizens.
E. Copies of all sanction letters issued by the Commission under this Section shall be
sent to the City Council and the City Secretary.
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