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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING CHAPTER 2.78 OF THE RIVERSIDE MUNICIPAL CODE
REGARDING CODE OF ETHICS AND CONDUCT.
The City Council of the City of Riverside does ordain as follows:
Section 1: Section 2.78.080 of the Riversid e Municipal Code is hereby amended as follows:
“Section 2.78.080 Hearing procedures.
. . .
E. The hearing panel of the Board of Ethics sh all conduct a pre-hearing conference prior to a hearing date being set by the City Clerk. All parties are to attend the pre-hearing conference; however, the absence of any party at the pre- hearing conference sha ll not be gr ounds for a continuance and the pre-hearing conference shall pr oceed as if the absent party were present. The pre-hearing conference shall be conducted as follows:
. . .
8. If it is determined by the hearing panel that the complain ant has failed to show that it is more likely than not that there may be a potent ial violation of the prohibited condu ct section of this chapter, the Chair of the h earing panel shall instruct the City Clerk to prepare a statement of findings for the hearing panel to adopt at the next regular meeting of the Board of Ethics.
Alternatively, the Chair of the hearing panel sh all prepare the findings. If the Chair prepares the findings, such findin gs shall be adopted at th e next regular meeting of the Board of Ethics. This statement of findings shall be considered the fi nal decision of the heari ng panel and is immediately appealable to the City Council pursuant to the appeal procedures section of this chapter. . . .
N. All findings shall be approved by a majority vote of the hear ing panel and recorded by the City Clerk. The hearing panel may appr ove such findings at the conclusion of the hearing and direct the City Clerk or the Chair of the hearing panel to prepare th e findings. If the Chair of the
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
hearing panel prepares the findi ngs, the hearing panel must consider and approve such findings within 30 days after the he aring, at a subsequent meet ing of the hearing panel.
O. Within five City business days following the hearing and the approval of the findings , the City Clerk shall notify all parties in writing of the decision of the hearing panel and the appeal procedures.
. . .”
Section 2: Section 2.78.090 of the Riversid e Municipal Code is hereby amended as follows:
“Section 2.78.090 Appeal procedures.
A. A decision by the h earing panel finding a vi olation of the Prohibited Conduct section of this chapter shall be automatically appealed to the City Council. The City Clerk shall place the appeal on the agenda of a regula r meeting of the City Council with in 30 City business days of the approval of the findings hearing by the hearing panel a nd shall notify the par ties in writi ng of the hearing date.
B. A decision by the hearing pane l of the Board of Ethics not finding a violation of the Prohibited Conduct section of this chapter ma y be appealed to the City Council by either party.
The appeal shall be taken by filing a written notice of appeal with the City Clerk within ten City business days following the approval of the statement of findings date of the hearing by the hearing panel. The notice of appeal shall be in writing on a form provided by the City Clerk. The City Clerk shall place the appeal on the agenda for a regular meet ing of the City Council within 30 City business days of the filing of the notice of appeal. The City Clerk shall notify the parties in writing of the hearing date.
. . .
E. The City Council shall review the record of the hearing to determine whether the hearing panel committed a clear error or an abuse of disc retion based upon the record. If no such finding is made by a majority of the City Council, then the City Council shall ad opt the decision of the hearing panel as the findi ngs of the City Co uncil on appeal. If there is a finding by the City Council of a clear er ror or an abuse of discretion by the hear ing panel, then that finding shall be
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
clearly stated and the matter shall be referred back to the Board of Ethics for a de novo (new) re- hearing of the matter in light of the findings on appeal. The de novo re-hearing shall be conducted before a hearing panel convened in accord with Rive rside Municipal Code section 2.80.040(B)(3a- i), except that a pre-hearing conf erence shall not be required. Th e hearing shall be conducted in accord with the he aring procedures set forth in Rivers ide Municipal Code section 2.78.080. . . .”
Section 3: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This ordinance shall b ecome effective on the 30th da y after the date of its adoption.
ADOPTED by the City Council this _________ day of _____________, 2022.
___________________________
PATRICIAL LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a mee ting of the City Council on the _______ day of _______________, 2022, and that thereafter the said ordinance was duly and regularly adopted at a mee ting of the City Council on the _________day of _____________, 2022, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2022.
_________________________________
City Clerk of the City of Riverside
CA 21-1598/SW 2/22/22
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