CHAPTER 2.105
ETHICS COMMISSION
Sect
ions:
2.105.010 Commission established.
2.105.020 Purpose of commission.
2.105.030 Powers and duties of commission.
2.105.040 Appointment of members and qualification.
2.105.050 General provisions.
2.105.010 C
ommission established.
The City of Stockton Ethics Commission is hereby established.
2.105.020 Pur
pose of commission.
The commission is established for the purpose of reviewing and considering complaints against elected and appointed city officials, as further described in section 2.105.030, to ensure those city officials are conforming their conduct to the city's laws and policies.
2.105.030 Pow
ers and duties of commission.
The powers and duties of the commission are as follows:
A. Subject to subsections B and C below, the commission has the power and duty to do the following:
1. Review, investigate, and consider complaints alleging violations of:
a. SMC Chapter 2.12 – Campaign Disclosure Statements;
b. SMC Chapter 2.28 - Politics in City Hall;
c. Council Policy 2.02 – City Council Conflict of Interest Code; d. Council Policy 2.03 – Code of Ethics;
e. Council Policy 2.04 – City Council Travel and Expenses; f. Council Policy 3.13 – Councilmember and Commissioner Conduct Policy
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2. Enforce administrative penalties for violations of provisions covered in subsection A.1 above, in accordance with the policy adopted pursuant to section 2.105.030.C.6. Penalties for each violation may not exceed the greater of (i) $5000, or (ii) in the case of campaign contributions, three times the amount that the violator failed to report properly or unlawfully contributed or accepted.
3. At least annually, report to the city council regarding the activities of the commission, with recommendations, if any, regarding the subjects of its purview as described in subsection A.1.
4. Provide input on the initial selection of an evaluator under subsection C.4; make recommendations for subsequent contracts with an evaluator; and make recommendations regarding the retention or replacement of an evaluator.
5. Act as the screening panel for selection of independent redistricting commission candidates, as provided in Article II of the Stockton City Charter. Reviewing the submissions and providing qualified applications to the Council for selection.
B. The commission's authority under subsection A extends only to city elected officials, candidates for city elected office, independent expenditure committees, members of boards and commissions, the city manager, the city clerk, the city attorney, and the city auditor.
C. Complaint, Investigation, and Hearing Procedure.
1. In consultation with the city attorney, the commission shall adopt regulations and procedures to conduct investigations as provided in Article IV Section 406 of the Stockton City Charter and as further defined in Council Policy 3.14.
2. The commission's review, investigation, and consideration of complaints shall be in accordance with its adopted regulations and procedures.
3. A complaint filed with the commission may be investigated only if the complaint identifies the specific alleged violation which forms the basis for the complaint and contains sufficient facts to warrant a formal investigation.
4. The council shall cause to be retained an independent and neutral evaluator to review and investigate complaints and to make recommendations to the commission.
5. Notwithstanding anything else in this code, complaints, investigative files, and information contained therein shall be considered confidential to the maximum extent under the law, and shall not be disclosed to any person other than a respondent or respondent's representative, the city attorney or district attorney, a court, a law enforcement agency, designees of the foregoing, or otherwise as necessary to the conduct of an investigation.
6. The commission shall adopt a policy setting forth its standards for imposing penalties and exercising enforcement discretion. The evaluator shall follow that policy when making recommendations to the commission.
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2.105.040 Appointment of members and qualification.
A. Number of members. The commission has five members. One member each shall be selected by the following:
1. City Attorney
2. City Manager
3. City Clerk
4. City Auditor
5. City Council
B. Qualifications. In addition to any requirements or restrictions established in existing policy or law:
1. Commission members shall be residents of the city. Three members shall have a background in law, ethics, local government, or similar experience.
2. The following persons are not eligible to be a commissioner:
a. A person who – or whose spouse, registered domestic partner, or child – has contributed to a candidate for city elective office, in a single city election cycle in either of the last two city election cycles preceding their date of application to be on the commission. b. A person who – or whose spouse, registered domestic partner, or child – is or has been, within the two years immediately preceding their date of application to be on the commission, any of the following:
i. A paid employee of the city;
ii. A registered campaign or political consultant, or someone who was required to be a registered campaign or political consultant; or
iii. An appointee of any local or state elected official. c. A person who – or whose spouse, registered domestic partner, parent, sibling, or child – has been, within four years immediately preceding their date of application to be on the commission, any of the following:
i. Elected to, or a candidate for, city elective office; ii. An employee of, or paid consultant or contractor to, a campaign for city elective office; or
iii. A paid employee of, a consultant to, or someone under contract with any city elected official.
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3. A commissioner shall be ineligible, during service on the commission and for a period of four years thereafter, to hold city elective office. A commissioner shall be ineligible, during services on the commission and for a period of one year thereafter, to be appointed to another city commission, to serve as paid staff for or as a paid consultant to any city elected official, to receive a non-competitively bid contract with the city, or to register as a city lobbyist.
4. While on the commission, a commissioner shall not contribute to or participate in any candidate campaign for city elective office.
C. Training. Each commissioner must receive a minimum of one training session per year on ethics, the subjects listed in section 2.105.030.A.1, and the citywide policies regarding public records and whistleblower protection statutes.
D. Term. Each member shall serve a term of four years and must reapply for consideration to be selected for a new term. To stagger the appointment process, for the initial Commission term, selections from 1, 3, and 5 will serve for two years with 2 and 4 serving four years.
2.105.050 General provisions.
Unless specifically provided otherwise in this chapter, the provisions of Council Policies related to Commissioners, their Conduct and their Attendance apply to the commission and its members.
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