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HomeMy WebLinkAboutO-0929 - Board of ethics; repeals Sec. 2.80.060 (2.80)•-.;:...,' CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.92 CZ An Ordinance of the City of Marysville amending Section 2.80.060 of the Marysville Municipal Code relating to the Board of Ethics. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Section 2.80.060 Repealed.Section 2.80.060 of the Marysville Municipal Code,as enacted in 1972 by Section 5 of Ordinance No.770,and heretofore reading as follows: "2.80.060 Jurisdiction.There is created a board of ethics,composed of three members,one to be appointed by the mayor,one to be appointed by two- thirds vote of the city council,and the third,who shall be chairman,to be appointed by the other two members.The terms of the board members shall be three years.The first three members shall be appointed for one,two and three year terms,respectively.The chairman shall have a three year term.The other terms are to be determined by lot.A member of the board of ethics may be removed for just cause by a two-thirds vote by the city council,but not the mayor,after written charges have been served on a member and a public hearing has been held by the city council.The board shall be advisory and shall meet as frequently as it deems necessary.A majority of the board consti- tutes a quorum.Meetings shall be open or closed to the public at the discretion of the board and as allowed under the laws of the State of Washington. Whenever requested by a city official or employee or whenever it deems it in the public interest,the board shall render advisory opinions,in writing, concerning questions of ethics,conflicts of interest, and the applicability of this chapter.A written copy of the board's opinion shall be delivered to the person requesting the opinion.The board may publish their advisory opinions,but only with such omissions as may be necessary or proper to protect the confidence and privacy of city officials and employees. A board,on its own motion,may investigate any suspec- ted or alleged violation of this chapter.The board shall investigate all written complaints with regard to violation of this chapter.The board may administer oath in connection with any matter under inquiry.Any witness in a proceeding before the board of ethics shall have the right to be represented by counsel. The board shall render a written decision when it has -1- concluded its investigation.Copies of the opinion may be delivered to the appropriate city officers or released to the public at the discretion of the board.A copy of the opinion shall be presented to the person or organization which was the subject of the investigation.No opinion,after an investigation, may be issued unless the person complained against has had an opportunity to have a fair hearing.Any person being investigated may demand a public hearing." BE AND THE SAME IS HEREBY REPEALED. Section 2.Board of Ethics.There is hereby created a Board of Ethics composed of three members,one to be appointed by the mayor,one to be appointed by two-thirds vote of the city council, and the third,who shall be chairman,to be appointed by the other two members.The terms of the board members shall be three years. The first three members shall be appointed for one,two and three year terms,respectively.The chairman shall have a three year term. The terms of the other two are to be determined by lot.No member of the Board of Ethics shall simultaneously hold any city office, elected or appointed,nor shall he be an employee of the city.Any member of the Board of Ethics may be removed for just cause by a two-thirds vote of the city council,after written charges have been served on such member and a public hearing has been held by the city council. Section 3.Powers and Duties.The Board of Ethics shall .be purely an advlsory boardtd ~the Clty council.The Board shall perform the following duties: (a)Upon request of a city official or employee, the Board shall render advisory opinions,in writing, concerning questions of ethics,conflicts of interest and the applicability of this chapter.Written copies of such opinions shall be released only when the Board deems it to be in the public interest.Upon release,copies shall be delivered to the requesting party and to the mayor.Such opinions may be made public only upon deleting such material as may be necessary to protect the confidence and privacy of city officials and employees. (b)Upon receiving a written complaint regarding a violation of this chapter,accompan~ed by proof that said written complaint has been served upon the party who is accused,the Board shall investigate said com- plaint,and if it deems it necessary,shall conduct a hearing and issue findings as provided below. (c)Upon its own motion,the Board may investigate any suspected or alleged violation of this chapter,and if it deems it necessary,shall conduct a hearing and issue findings as provided below.Provided,however,no such hearing shall be conducted unless the accused is -2- first served with a written copy of the allegations against him. Cd) Keep such records as may be necessary for the proper administration of this chapter. Section 4.Meetings of the Board.The Board shall meet as frequently as it deems necessary.A majority of the Board shall constitute a quorum.Meetings shall be open or closed to the public at the discretion of the Board and as allowed under the Washington State Open Meetings Act. Section 5.Hearings and Investigations.In the course of an investlgatlon,the Board may determlne that it is necessary to conduct a hearing.If the investigation involves accusations against an officer or employee,such hearings shall be closed to the public unless such officer or employee requests that it be a public hearing. The Board may administer oaths in connection with any matter under inquiry.Any witness in a proceeding before the Board shall have the right to be represented by counsel.No informality in any proceedings or hearings,or in the manner of taking testimony before the Board, shall invalidate any decision or findings made,approved or confirmed by the Board.At the conclusion of each investigation,the Board shall render written findings of fact and recommendations.Copies of the same shall b ejde Li.ve r ed to the party who was the subject of the inves tiga tion,'the -m,aY9y",ana.~the Ci ty Council. -v-.~, Section 6.Review by City Council.The City Council shall review the flndings and recommendatlons of the Board of Ethics. No such findings or recommendations shall be final or effective unless and until approved and implemented by resolution of the city council.The city council may,in its discretion,render its decision based upon the findings and recommendations of the Board of Ethics without further investigation or public hearing . .LPASSED by the City Council and APPROVED by the Mayor this ~day of ...Mo V'"'<db ,1977. THE CITY OF MARYSVILLE ATTEST: By-:----:::"=-'"""""""'r _ City Clerk APPROVED AS TO FORM: ~~a~~Cit Attor p BY~~-..-M'""Y R -3-