RiversideCA.gov
1 RiversideCA.gov
Code of Ethics and Conduct
Annual Review
Inclusiveness, Community Engagement, and Governmental
Processes Committee and Board of Ethics Ad Hoc Committee February 1, 2023
RiversideCA.gov
2 Code of Ethics Review Recommendations
That the Inclusiveness, Community Enga gement and Governmental Processes Committee and Board of Ethics Ad Hoc Committee:
1. Continue review of the Code of Ethi cs and consider additional amendments as identified by the City Council on the following slides; and
2. Direct staff to prepare any request ed amendments to Riverside Municipal Code Chapters 2.78 – Code of Ethics and 2.80 – Board of Ethics.
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3 Chapter 2.78 Code of Ethics Review
1. Mediation training and determine who is the facilitator in settlement discussions?
2.78.075 Pre-Conference Procedures.
3. The hearing panel shall facilitate settlement discussions between the parties. The settlement process can include, but is not limited to, the hearing panel taking a break during the pre-conference and allowing the complainant and the public official to confer privately to determine if a resolution can be reached. If the parties are unable to resolve their dispute, the pre-conference will then continue. Any proposed resolutions or offers of settlement that were not accepted will not be introduced as evidence nor considered as part of the formal ethics complaint.
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4 2. Add language clarifying presentations during the pre-conference and hearing proceedings are at the discretion of the parties to the complaint, not the hearing panel.
Chapter 2.78 Code of Ethics Review
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5 Chapter 2.78 Code of Ethics Review
3. Setting of time limits and expediting the hearing proceedings.
2.78.075 Pre-Conference Procedures.
D.7. If it is determined by the hearing panel that it is more likely than not that there may be a potential violation of the prohibited conduct section of this chapter has occurred, then the City Clerk shall set a hearing date on the complaint within 20 City business days of the pre- conference. The hearing date shall be within 45 City business days following the pre- conference.
*Hearing Procedures state the publ ic official shall file a reply no later than 20 calendar days prior to the hearing date.
D.10. The hearing panel may set time limits for the parties to present their evidence at the hearing on the complaint.
*Additionally, Hearing Procedures allow each party maximum 15 minutes total for opening and closing statements apportioned at sole discretion of parties.
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4. Use of attorneys by parties at the pre-conference and hearing
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5. Appeals of the pre-conference decision should be allowed for instances of procedural errors, but not for substantive findings.
2.78.075 Pre-Conference procedures.
D.11. No decision or ruling made by the hearing panel at the pre-conference is appealable to the City Council pursuant to the appeal procedures section of this chapter.
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8 Chapter 2.78 Code of Ethics Review
6. Discussion as to whether City Council makes a final determination on an appeal of a De Novo Hearing.
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9 Chapter 2.78 Code of Ethics Review
7. Simplify the hearing process which includes a pre-conference and hearing, followed potentially by an appeal and de novo hearing briefly outlined below:
A. Pre-conference by hearing panel within 45 City business days of the complaint being deemed complete by the City Clerk. No later than 30 calendar days before the pre-conference, the City Clerk must draw a hearing panel disqualifying members by Ward residency when complaint involves an elected official.
1. Hearing panel reviews complaint to determine if it complies.
2. If so, hearing panel facilitates settlement discussion.
3. If no settlement is reached, hearing panel reviews evidence for relevance and deems irrelevant evidence as inadmissible.
4. Complainant presents evidence.
5. Hearing panel determines if more likely than not that there may be a potential violation. If so, forwards complaint to a hearing.
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10 Chapter 2.78 Code of Ethics Review
B. Hearing within 45 City business days of the pre-conference
1. The hearing is not a formal judicial proceeding. Technical rules of evidence do not apply.
2. Complainant presents evidence and has the burden of proof.
3. Public official presents second.
4. Parties may present rebuttal evidence.
5. Hearing panel deliberates and makes findings.
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11 Chapter 2.78 Code of Ethics Review
C. Appeal by either party must be filed within 10 City business days following the hearing.
1. The City Clerk shall place appeal on a City Council agenda within 30 City business days.
2. The appeal shall consist of a transcript and tangible evidence and testimony considered at the hearing.
3. The City Council shall review the record to determine whether hearing panel committed a clear error or abuse of discretion or adopt the findings of the hearing panel.
4. If it is determined a clear error or abuse of discretion, City Council refers matter for de novo hearing
5. If City Council adopts the findings of the hearing panel, the City Council may determine sanctions.
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D. De Novo Hearing not defined in the procedures how soon the de novo hearing must take place, but the 45 City business days have been used as required for the pre-conference and hearing proceedings.
1. Shall be conducted by same hearing panel for a re-hearing of the matter in light of the findings by the City Council on appeal
2. Complainant presents evidence and has the burden of proof.
3. Public official presents second.
4. Parties may present rebuttal evidence.
5. Hearing panel shall consider the clear error of law or abuse of discretion when issuing its findings.
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13 Chapter 2.78 Code of Ethics Review
Staff submits the following options for discussion:
1. Remove automatic disqualification based on residency.
2. Conduct Pre-Conference proceedings at a regular meeting of the Board of Ethics, not a hearing panel.
3. Eliminate facilitating settlement discussions from the pre-hearing conference.
4. Allow the City Clerk and the Board of Ethics Chair to reject, administratively, complaints which are not correctly filled out.
RiversideCA.gov
14 Code of Ethics Review Recommendations
That the Inclusiveness, Community Enga gement and Governmental Processes Committee and Board of Ethics Ad Hoc Committee:
1. Continue review of the Code of Ethi cs and consider additional amendments as identified by the City Council on the following slides; and
2. Direct staff to prepare any request ed amendments to Riverside Municipal Code Chapters 2.78 – Code of Ethics and 2.80 – Board of Ethics.