Title 01 General Provisions
Chapter 01.04B Code of Ethics
Part 4 – Hearing and Adjudication
Section 01.04B.210 Penalties
- Upon a determination by the Ethics Commission that a violation has occurred, or upon a stipulation to a violation, the party found to be in violation may be subject to one or more of the following penalties, which may be imposed by the Ethics Commission:
- A cease and desist order as to violations of this Code of Ethics.
- A recommendation to the city council that an appointed committee or commission member be removed from the board or commission.
- An order to pay to the City damages sustained by the City that are caused by the conduct constituting the violation.
- In the case of a violator who receives wages from the City, a civil penalty of up to five thousand dollars per violation or three times the economic value of anything received or sought in violation of this chapter or rules adopted under it, whichever is greater, may be imposed. Alternatively, the violator who is a member of a board or commission may be suspended for a number of days to be decided by the Ethics Commission, in lieu of fine but not in lieu of damages.
- In the case of an elected official, a written reprimand may be issued by the Ethics Commission if the Commission determines that while the elected official did violate the Ethics Code, there was no intent to commit the violation. The written reprimand shall set for the nature of the violation, the elected official’s response and the reasons why a reprimand is appropriate. The written reprimand shall be filed with the City Clerk and placed in the City Council minutes. A written reprimand may not be issued, however, if the elected official stipulates to the decision of the Hearing Examiner, as provided in SMC 01.04B.080(C)(3).
- An employee of the City who commits a violation of this chapter may be subjected to disciplinary action, up to and including termination from employment; provided that such disciplinary action is consistent with civil service guidelines and any applicable collective bargaining agreement.
- Costs, including reasonable investigative costs, shall be included as part of the limit under subsection (A)(4) of this section. Costs may not exceed the penalty imposed. The payment owed on the penalty shall be reduced by the amount of the costs paid.
- As appropriate, the Ethics Commission may refer the disposition of a complaint to the City or County prosecuting attorney’s office for appropriate action.
- Damages under this section may be enforced in the same manner as a judgment in a civil court.
Date Passed: Monday, July 8, 2024 Effective Date: Friday, August 16, 2024 ORD C36532 Section 1 |
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