Legislation Details

File #: 15-00360    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 6/15/2015 In control: City Council
On agenda: 6/23/2015 Final action: 6/23/2015
Title: Evidentiary hearing process relating to Independent Ethics Commission (IEC) complaint 2015-01 and Council's ethics charges issued June 9, 2015
Attachments: 1. Resolution 58-13
 
 
Title
Evidentiary hearing process relating to Independent Ethics Commission (IEC) complaint 2015-01 and Council's ethics charges issued June 9, 2015
 
Body
 From:  
Eileen Lynch Gonzalez, City Council Administrator
 
 Summary:
City Council will determine, pursuant to Council Resolution 58-13, whether to serve as the hearing body for the evidentiary hearing in IEC matter 2015-01, or to appoint a hearing officer to conduct the proceedings.
 
 Previous Council Action:  
On June 9, 2015, City Council voted 8-0 to issue three ethics charges as recommended by the IEC in a matter involving Councilmember Helen Collins.
 
 Background:
City Council Resolution 58-13 provides, in part, that if a person who has been formally charged by City Council relating to an investigation by the Independent Ethics Commission requests an evidentiary hearing, "…City Council will elect, in its sole discretion, to either serve as the hearing body or appoint a hearing officer to conduct the proceedings." (Section 5)
 
 Financial Implications:
The costs of retaining the services of an independent hearing officer have yet to be clearly identified.
 
 Board/Commission Recommendation:
On May 29, 2015, the Independent Ethics Commission forwarded its Advisory Opinion relating to Complaint 2015-01.  The Advisory Opinion recommended that Council issue the three ethics charges that it issued on June 9, 2015, namely, that Councilmember Collins violated the City's Ethics Code, 1.3.106, Paragraphs G, H and I.
 
 Stakeholder Process:
N/A
  Alternatives:
N/A
 
Recommended Action
 Proposed Motion:
A Councilmember could make a motion that City Council serve as the hearing body for the evidentiary hearing in this matter, or, alternatively, a motion that Council appoint a hearing officer to conduct the proceedings.
 
Ordinance Language
N/A