§ 2-84. Compliance Auditor and City Attorney's Office.

(a)

Compliance Auditor. The Compliance Auditor shall be selected by the Ethics Review Board and appointed by the City Internal Auditor. The Compliance Auditor may be removed from office for cause by the City Internal Auditor only after consultation with the Ethics Review Board.

(b)

The Compliance Auditor shall perform the following duties:

(1)

Receive complaints and responses filed with the City Clerk as set forth in section 2-83;

(2)

Investigate, marshal, and present to the Ethics Review Board the evidence bearing upon a complaint;

(3)

In consultation with City Council, the City Manager, the Ethics Review Board, Human Resources Department, and the City Attorney's Office, develop and implement a comprehensive training program for the officials and employees of the City on the provisions of this Code of Ethics, Section 141 of the City Charter, and V.T.C.A., Local Government Code ch. 171;

(4)

Review complaints for sufficiency;

(5)

Recommend acceptance or rejection of complaint made to the Ethics Review Board;

(6)

Request additional information from complainant as needed; and

(7)

Support the reasonable requests of the ERB.

(c)

City Attorney's Office. The City Attorney's Office shall perform the following duties:

(1)

Act as legal counsel to the Compliance Auditor and the Ethics Review Board;

(2)

Upon request by the Compliance Auditor, review complaints for legal sufficiency; and

(3)

Issue advisory opinions to City officials and employees about the requirements imposed by the ethics laws.

(d)

Independent Compliance Auditor and Independent Counsel.

(1)

An independent attorney, who does not otherwise represent the City, shall be appointed to serve as the independent Compliance Auditor and Counsel when a complaint is filed relating to an alleged violation of the ethics laws by the Mayor, a member of the City Council, or a candidate for City Council.

(2)

When a complaint is filed relating to an alleged violation of the ethics laws by a City employee who is a department head or of higher rank, the Compliance Auditor may recommend the appointment of an independent compliance auditor to serve as Compliance Auditor for that matter. The City Attorney may also recommend the appointment of an independent Counsel for that matter.

(3)

The City Attorney or Ethics Review Board may request the appointment of an independent counsel for a particular case.

(e)

Exculpatory evidence. The Compliance Auditor shall disclose to the Ethics Review Board and provide to the person charged with violating the ethics or municipal campaign finance laws evidence known to the Compliance Auditor tending to negate guilt or mitigate the seriousness of the offense.

(Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2018-06-21-0491 , § 1(Att. A), 6-21-18)