2.15.220 Complaint for chapter violations.
(a) Any adult resident of the City, including other Councilmembers, may file a complaint to the Council alleging that the conduct of a Councilmember violates this chapter.
(1) The complainant shall identify the provision allegedly violated and substantiate the complaint by providing a written explanation of the reason for believing that a violation has occurred with any documentary and testimonial evidence supporting the allegation. If the complainant fails to provide the information specified, the Council may exercise its discretion to decline to accept the complaint.
(2) The Council may decline or cease its review of a complaint when it reasonably believes that:
(i) There is presently available an adequate remedy for the grievance stated in the complaint;
(ii) The complaint relates to a matter that is outside the jurisdiction of the Council or would be better handled in another forum;
(iii) The complaint relates to an act of which the complainant has had knowledge for an unreasonable length of time;
(iv) The complaint is trivial or based on fanciful allegations;
(v) The resources of the Council are insufficient for adequate review;
(vi) The complainant lacks sufficient supporting information; or
(vii) The allegations, if true, fail to constitute a violation of the code of ethics.
(b) If the Council accepts the complaint for further review, the Council shall provide the respondent with the opportunity to appear and provide information. The Council will make findings and issue a report.
(c) Based on its findings, the Council may make recommendations for corrective action.
(d) If a Councilmember is named in the complaint, he shall not participate in the Council’s determination or recommendation.
(e) Until the Council completes a report for distribution as a public record, the Council’s review of a potential violation is confidential unless confidentiality is waived by the respondent. The Council shall protect the confidentiality of complainants or witnesses coming before the Council except insofar as may be necessary to enable the Council to carry out its duties.
(f) No Councilmember or candidate for City Council shall engage in any act in violation of the provisions of this chapter or applicable State or Federal law. In addition to the rights of voters under CCO 2.15.210, such action is punishable by censure by the City Council, which shall be administered in accordance with the City’s censure procedures. [Ord. 19-03 § 2 (Att.), 2019.]