§ 167. Jurisdiction and powers.

(a)

Jurisdiction. The Ethics Review Board shall have jurisdiction to investigate and make findings and conclusions concerning:

(1)

An alleged violation of an ethics code enacted from time to time by ordinance;

(2)

An alleged violation of regulations governing lobbying enacted from time to time by ordinance;

(3)

An alleged violation of local campaign finance regulations enacted from time to time by ordinance; and

(4)

An alleged violation of Section 141 of this Charter; provided, however, that the Ethics Review Board has no jurisdiction to find or conclude that a city officer or employee has forfeited his or her office or position.

(b)

Termination of city official's or employee's duties. The termination of a city official's or employee's duties does not affect the jurisdiction of the Ethics Review Board with respect to alleged violations occurring prior to the termination of official duties.

(c)

Powers. The Ethics Review Board has the power:

(1)

To establish, amend, and rescind rules and procedures governing its own internal organization and operations, consistent with ordinances;

(2)

To meet as often as necessary to fulfill its responsibilities;

(3)

Designate panels with the power to render decisions on complaints or issue advisory opinions on behalf of the Board;

(4)

To request from the City Manager the assignment of staff necessary to carry out its duties;

(5)

To review, index, maintain on file, and dispose of sworn complaints;

(6)

To make notifications, extend deadlines, and conduct investigations, both on referral or complaint;

(7)

To compel the production of sworn testimony, witnesses and evidence;

(8)

To recommend cases for prosecution by appropriate authorities and agencies;

(9)

To enforce its decisions by assessing civil fines and other sanctions authorized by ordinance;

(10)

To request the City Attorney to provide an independent counsel to advise and represent the Board, when appropriate or necessary to avoid a conflict of interest;

(11)

To provide assistance in the training and education of city officials and employees with respect to their ethical responsibilities;

(12)

To prepare an annual report and to recommend to the City Council needed or desirable changes in ordinances under its jurisdiction; and

(13)

To exercise such other powers and duties as may be established by ordinance.

(Ord. No. 99252, 5-27-04)