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Home My WebLink AboutD-1872-07 Ethics Ordinance SPONSOR(s): Councilor(s) Glaser, Rattennann and Seidensticker ORDINANCE 0-]872-07 AN ORDINANCE OF THE COMMON COUNCIL OF THECITY OF CARMEL INDIANA. AMENDING CHAPTER 2. ARTICLE 5. SECTION 2-]84 TO THE CARMEL CITY CODE WHEREAS, it is desirable for all levels of government to have a standard of ethical conduct for their government officers, elected officials and employees; and WHEREAS, the Common Council finds that the proper operation of representative government requires that elected officials, officers and employees be independent, impartial and responsible to the people; that governmental decisions and policiesbe made within proper channels; that public office not be used for personal gain; and that the public have confidence in the integrity of its government; and WHEREAS, the elected and appointed officers, officials and employees of the City of Carmel are entitled to be informed of what is required of them as regards to their conduct; and WHEREAS, in furtherance of the above, the Common Council established a Carmel "Code of Ethics.," codified as City Code Section 2-184; and WHEREAS, the Common Council now wishes to clarify the City's Code of Ethics by means of the amendments set forth herein. NOW, THEREFORE, BE IT ORDAINED by the Common. Council of the City of Carnlel, Indiana, as follows: Section I: The foregoing Recitals are incorporated herein by this reference. Section 2: Chapter 2, Article 5, Sections 2-184(A)(I)(b), (H) and (K) of the Cannel City Code should be and the same are hereby amended to read, respectively, as follows: I. "b. An organizational Board meeting shall be held not later than thirty (30) days after the effective date of this Ordinance. Within sixty (60) days from the date of this organizational meeting, the Board shall establish written rules to govern its operation, including, but not limited to, the time and place of its meetings. Three (3) members of the Board.shall constitute a quorum for purposes of taking official Board action. All official actions of the Board shall require the affirmative vote of at least four (4) Board members. The members of the Board shall annually elect a Chairperson (who cannot succeed himself/herself in that position), aVice Chairperson and a Secretary from amongst the current Board members." -- Prepared by Councilors Glaser and Ratlermann SPONSOR(s): Councilor(s) Glaser, Rattemmnn and Seidensticker 2. "H. Complaints. InvestiQations. HearinQsand Enforcement Any Elected Official, Officer or Employee may file a complaint alleging a violation of this Ordinance. If such complaint is filed by' or against a member of the Board, that member is disqualified from participating in any proceedings that may arise from the complaint. The Complainant should follow all applicable department rules, regulations and chain-of-command in filing his/her complaint, unless it is not reasonably possible or appropriate to do so. The complaint shall be in writing and signed by the complainant under oath and the penalties of perjury. The complaint shall state the nature of the alleged violation(s), the date(s), time and place of each occurrence, and the Person(s) charged with the violation(s). The complaint shall be filed with the Secr~tary, who shall promptly provide a copy. to the Person charged with the violation. The complainant shall provide the Secretary with all available documentation and other evidence supporting the allegations set forth in the complaint. A copy of all such documentation shall also be promptly provided to the Person charged with the violation. A1I' complaints and all records pertaining thereto shall be subject to disclosure only as required by Indiana's Access to Public Records Act (I.C. 5-14-3) or final court order. Within forty'five (45) days after the date of his/her. receipt of a complaint, but no less than fifteen (15) days after such date, the Secretary shall conduct an investigation into the allegations contained therein. The Secreiary may request that the Board extend the time for the completion of such investigation. If the Board determines that such an extension is necessary or desirable and would not be prejudicial to the Person charged with the violation, the Board shall grant the extension. If the Board determines that the investigation must be completed in a shorter period onime in order to avoid prejudice or irreparable harm to the Person charged with the violation, the Board shall order the Secretary to complete the investigation in a shorter period of time, and the Secretary shall comply. If the Secretary determines, after investigation, that there are no reasonable grounds to believe that an alleged violation of this Section has occurred, the Secretary shall dismiss the complaint or that portion thereof for which no reasonable grounds exist. If the Secretary dismisses all or part of the complaint, he/she shall do so in writing, setting forth the facts and the provisions of law upon which the dismissal is based, and provide copies of the written dismissal to the complainant, to the Person charged with the violation and to the Board. The complainant shall have the right to appeal the decision of the Secretary to the Board, who may uphold, modify or reject the Secretary's decision. To the extent the Secretary's decision is not upheld by the Board, a hearing will be held before the Board on the remaining allegations contained in the complaint. If the complaint or any portion thereof is so dismissed, the record pertaining to the dismissed charge(s) shall remain confidential unless the Person against whom the complaint was made requests disclosure, or as otherwise required by applicable law or final court order. A hearing shall then be held thereon unless the Complaint is resolved at pre-hearing conference.. A pre- hearing Conference may be held at the request of the Secretary, the Complainant of the Person accused. Any proposed pre."hearing resolution of the Complaint.or of any portion thereof must be approved by the Board, the Complainant and the Person accused, and must conform to the Board's rules and applicable law. Absent such approval and conformance, the proposed pre-hearing resolution shall. be null and void. Prepared by Councilors Glaser and Ratiermann 2 SPONSOR(s): Councilor(s) Glaser, Rattel111ann and Seidensticker Subject to the above, within thirty (30) days from the date the Secretary refers a complaint to the Board for ,hearing, the Board shall conduct a public hearing on the remaining allegation(s) set forth in the complaint. Upon the request of the Person accused, or with his/her consent, this hearing may be continued for an additional period or periods of time not to exceed a total of forty-five (45) additional days. At the hearing, the Person accused and the compiainant shall each be entitled to be represented by counsel to present exhibits and other evidence, to cross-examine witnesses, and to argue the law and the facts to the Board, The accused shaii not be required to present any evidence at this hearing, and the entire burden of proof and persuasion shall remain on the complainant at all times to prove the truth of the aiiegations contained in the complaint by a preponderance of the evidence. The hearing shall be tape-recorded, and aii witnesses shali be sworn. The Board is authorized to utilize the investigative powers set forth in In.diana Code 36-4-6-21 (b) In furtherance of its obligations hereunder. After the hearing is closed, the Board shaii issue a written decision stating its opinion as to whether the Ordinance has been violated, and setting forth its specific findings of fact and conclusions of law upon which its decision is based.. A copy of such determination shall be delivered to the complainant, to the Person accused and to the Mayor within fifteen (15) business days from the date the hearing is closed. This written determination shall constitute a public record. If the Board determines that an Elected Official, Officer or Employee has violated this Ordinance, the Board shall provide a copy of its written decision, as well as its written recommendations as to the. proper resolution of the matter, to the Mayor for his/her consideration. The Board's written recommendations shall be advisory or deliberative expressions of opinion communicated oniy for the' purpose of decision-making, and not subject to mandatory disclosure under Indiana's Access To Public Records Act." 3. "K. Enforcement Any ElectedOfficial, Officer or'Empioyee who is found by the Carmel City Court to have failed to timely fiie a Statement of Economic Interests as required by this Ordinance shall be subject to a fine of up to Fifty Dollars ($50.00) for each thirty (30) days the Statement is delinquent, in addition to the other provisions cif this Ordinance. Any violation of this Ordinance by an Elected Official or Employee shall be cause for such disciplinary action as may be deemed necessary and proper by the Mayor, consistent with the City's personnel ordinances and rules. The Mayor is not bound by the Board's determination and may conduct his/her own investigation prior to imposing discipline on any Officer or Employee under his authority and/or control. A written response outlining any action taken by the.Mayor as a resuit of the recommendation of the. Board shaii be provided to the Board by the Mayor within thirty (30) calendar days after receipt of the Board's written decision and recommendations. Notwithstanding the above, this Ordinance shaii not derogate from Employee rights under any City or Agency labor agreements or personnel or.dinances or rules. Any final adverse employment action taken or monetary fine imposed on any Elected Officiai, Officer or Employee pursuant to this Ordinance shall be subject to judicial review as provided by applicable law. This Ordinance does not prevent; as applicable, the submission of the facts set forth in a complaint fiied hereunder to the Hamilton County Prosecuting Attorney and/or the State Board of Accounts." Prepared by Councilors Glaser andRattermann 3 .SPONSOR(S): CdunCilor(s) Glaser, Rattennann and'Seidensticker Section 3, All remainiilg ,provisiQJ\s.ofCarhiel City CodeSection'1-184 shall remain in full force and effect and arenoi'changed by this ()rdinan~e, SectiDn 4, ThlsOrdinaiice shall be ill f~li fDrcc a.nd ef(e'ct upon approval 6ftkCominon Council, execution.by the Mayar and'suchplIblicatianas,krequired'by law, SectionS, ,Allprjor ordinances or parts tiieteofincanslstel1t witli .artyprovisiol1ofthisOfdinance arc hereby repeale(j, to' the, extent. of such inconsistency on'ly, as oNhe' effective date ,oftl1is Ordinance, Haweyer,the,'repeiil or ameridrl1erjt by tliisOrdihilnce of any otherordinance ,does'not;affec,Latiy.rights or liabilities accrued" penalties incurred ,orproceeclings begun prior to.' tlie 'effective date, of thisOrdirtance: Those righfs,[ialiililiesand pl:aceeding~ are',eol)tinued and pellalties'shaJl,beimposed and enforced under stIch repealed or amended ordinl'!nce as'ifthis0fdirtance.hild l1o(beeh a~dopted, Sectiori 6, Sho!lld any provision or. partionof this,Qraimince,pe;declared by acoun of competent jurisdiction, to. be Invalid for any'reason, the',remairiing'provisions shaH not be affectecl.'so, long as t!iey can, ,v,iithout the'invalid,provisio!1, be given the effect intended by the Common.Council inaclopting this Ordinance. To this.ehd,tlie,provlsi6hS of this Oi'dinanceareseverable, . , ..... PASSED ('r-,t.~~)-V\ , . oy !he Coininon C,oimcil of .2007; bya'vote of ,Ie the City aye~;ailsJ of Garmel, Indiana, (')nays.. this '/ s.+- _ day of FOR tHE CITY OF.CARMEL,.lNDIANk Richard . Sharp DiallaL. Cordray; lAMe, Cle~b':"Tre~siir prepared'by Councilors Glaser and Rattermann 4 SPONSClR(s):, .CoVrlciior(s) Glaser; Rattermann ~md:'Seidensiicker Presented by meto.;theMayor oftheCity,ofCarmel,.lndiana,tliis~ Ild day of O~ , 2007, at 9:5"9' O'clock,A. M. ~'t...' DianaL. C6rdi"i3.y,IAMC"Clerk-Tr AEPrqved by m~,Mayor6fthe Gityof.Carmel,lndiaila, thi~ ~.d~Y of O~ 2007,at :.5~ dO O:clock;L. M. ~ /~/ZUY Jll{nes Brainard"Mayor ATTEST: DianaL. Cordray, lAMe, .Clerk~Tre urer Prepared by Councilors. Glaser and Raltermano' .5