2-12-1: ETHICS COMMISSION:

   A.   Purpose: The purpose of the commission shall be to issue advisory opinions related to title 1, chapter 8, "Code Of Ethics", of this Code; and to hear inquiries and issue findings regarding alleged violations of the previously cited provisions.

   B.   Creation And Appointment: There is hereby created an Ethics Commission to consist of five (5) members. One member of the Ethics Commission shall be an employee of the City. This member shall not be an elected or appointed official, a member of the Mayor's Office, the City Attorney or his/her staff, the internal auditor or his/her staff, a department head or any employee of Human Resources. Three (3) members of the commission shall constitute a quorum. (1952 Code § 2-24-01)

   C.   Method Of Appointment:

      1.   The Mayor shall appoint two (2) members. The City Council shall appoint two (2) members.

      2.   The employee member of the commission shall be appointed by a majority of the four (4) members appointed by the Mayor and City Council. The commission shall receive input from the Department of Human Resources prior to selection. (Ord. 6-18, 2-6-2018)

   D.   Terms Of Appointment:

      1.   Nonemployee members shall be appointed to terms of four (4) years; however, the first member appointed by the Mayor and the first member appointed by the City Council shall initially serve two (2) year terms to achieve staggered ending dates. The City employee member shall serve a term of two (2) years, which may be renewed by reselection by the commission.

      2.   If a member is appointed to fill an unexpired term, that member's term shall end at the same time as the term of the person being replaced.

   E.   Termination Or Removal:

      1.   The unexcused absence of any member of the commission from three (3) consecutive meetings, unless the commission has excused the absence for good and sufficient reasons as determined by the commission, shall constitute termination from the commission.

      2.   The Mayor may remove a member appointed by him for inappropriate conduct before the expiration of the member's term. The City Council may remove a member appointed by the City Council for inappropriate conduct before the expiration of the member's term. The commission may remove the member appointed by the commission for inappropriate conduct before the expiration of the member's term. Before removing a member, the Mayor or City Council, or commission, shall specify the cause for removal and shall give the member the opportunity to make a personal explanation.

   F.   Compensation: Members of the Ethics Commission shall serve without compensation in a volunteer capacity. The member who is an officer or employee of the City shall not receive any additional compensation for serving on the Ethics Commission.

   G.   Consultation With City Attorney:

      1.   The Ethics Commission shall be provided with the services of the City Attorney or designee to assist it with legal questions, questions of procedure and to act as parliamentarian at their meetings. The Ethics Commission may consult with the City Attorney or designee regarding legal issues and may request advisory assistance in conducting hearings on inquiries during any stage of the process.

      2.   In the event that the City Attorney or a member of the City Attorney's Office is the subject of an inquiry, the Ethics Commission is hereby authorized to retain conflict counsel. The Mayor and City Council shall assist the commission in retaining conflict counsel.

      3.   The commission shall have the ability to request assistance from Human Resources. When an inquiry involves a member of the Human Resources staff, the commission shall not request or receive their assistance. (1952 Code § 2-24-01)