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1 RiversideCA.gov
Code of Ethics and Conduct
Annual Review
City Council
March 28, 2023
RiversideCA.gov
2 Code of Ethics Review Recommendations
On December 20, 2022, the City Council directed that the Inclusiveness, Community Engagement and Governmental Processes Committee and Board of Ethics Ad Hoc Committee:
1. Continue their review of the Code of Ethics and consider additional amendments
2. To propose an amendment that would only allow one de novo hearing after an appeal
The ICGC met on January 4, 2023 and on February 1, 2023 (with the BOE ad hoc) and now has final recommendations.
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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 Board of Ethics 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 complaint. If the parties reach a settlement, the parties shall report to the Board of Ethics that the complaint has been settled and that no hearing is necessary.
RiversideCA.gov
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
4. The Board of Ethics the hearing panel shall review the submitted tangible evidence to determine if it is relevant to the issues raised in the complaint. If it is determined, by a majority vote, that any such evidence is irrelevant to the issues raised in the complaint, then such evidence will be deemed inadmissible at the hearing and shall be excluded.
5. The complainant shall may verbally present to the Board of Ethics any and all evidence, both tangible and testimonial, that will be presented at the hearing to prove the allegations in the complaint. The public official will have the option or opportunity to present to the Board of Ethics any and all evidence, both tangible and testimonial, that will be presented at the hearing or address the evidence presented by the complainant, including whether the complainant has shown that the evidence, if taken as true, more likely than not shows that there may be a potential violation of the Prohibited Conduct section of this chapter .
During the pre‐conference, any member of the Board of Ethics may ask questions of the parties.
Chapter 2.78 Code of Ethics Review
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5 3. Setting of time limits and expediting the hearing proceedings.
Suggested Changes to RMC: RMC 2.78 and 2.80 were revised:
- All non-compliant complaints to be administratively rejected, - To allow the public official to address the BOE during the pre-conference, - To allow the pre-conference to be conducted by the BOE - To limit appeals and to limit de novo hearings after an appeal to one.
Expediting Hearing Process
RiversideCA.gov
6 Chapter 2.78 Code of Ethics Review
4. 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. 5 6
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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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8 Chapter 2.78 Code of Ethics Review
5. Appeals of the pre-conference decision should be allowed for instances of procedural errors, but not for substantive findings.
2.78.090 Pre-Conference procedures.
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6. City Council makes a final determination on an appeal of a De Novo Hearing.
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7. Use of attorneys by parties at the pre-conference and hearing – no change
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8. Remove automatic disqualification based on residency.
Section 2.80.040, “Powers and Duties”, Section (h) removed:
h. If a complaint is against a City Councilmember, any member of the Board residing in that Councilmember's Ward shall be disqualified from participating on the hearing panel unless
participation is required for a quorum; then members are chosen randomly.
RiversideCA.gov
12 Code of Ethics Review Recommendations
That the City Council hold a public hearing and introduce and subsequently adopt an Ordinance amending Chapter 2.78 – Code of Ethics and 2.80 – Board of Ethics of the Riverside Municipal Code to make certain changes to the Code of
Ethics.
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