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HomeMy WebLinkAbout09784ORDINANCE NO. 9784 AN ORDINANCE AMENDING SECTION 1-9-30 OF CHAPTER 9 OF TITLE I OF THE PUEBLO MUNICIPAL CODE TO ASSIGN TO CITY COUNCIL THE INVESTIGATION OF ETHICS COMPLAINTS AGAINST THE MAYOR, ELECTED CITY OFFICIALS OR A MUNICIPAL JUDGE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 30, Chapter 9, Title I of the Pueblo Municipal Code shall be amended as follows: Sec. 1-9-30. - Complaints against City officials and employees. (a) Any person may file a verified written complaint with the Mayor charging a failure to comply with a provision of this code of ethics by a City employee (other than a Municipal Judge or an elected City official) and non-elected City officials. The Mayor shall investigate or direct a department head of the City to investigate such a complaint. Nothing in this subsection shall limit City Council's ability to investigate pursuant to Section 3-5 of the Charter of the City of Pueblo. (b) Any person may file a verified written complaint with the President of the City Council charging a failure to comply with a provision of this code of ethics by the Mayor, a Municipal Judge or elected City officials. The \[President of the\] City Council shall investigate such a complaint. If the complaint is against the President of the City Council, the complaint shall be filed with \[and investigated by\] the Vice-President of the City Council. If an ethics complaint is filed against a member of the City Council, that member shall be prohibited from investigating or voting to take action on the complaint. (c) Complaints which fail to state a claim of a violation of this code of ethics shall be dismissed. (d) Any complaint against a City employee and any action taken with respect thereto (including, but not limited to, documents placed in the City employee's personnel file) shall remain confidential, unless confidentiality is waived by the City employee. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on September 14, 2020 . Final adoption of Ordinance by City Council on September 28, 2020. President of City Council Action by the Mayor: ☒ Approved on September 30, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 14, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING SECTION 1-9-30 OF CHAPTER 9 OF TITLE I OF THE PUEBLO MUNICIPAL CODE TO ASSIGN TO CITY COUNCIL THE INVESTIGATION OF ETHICS COMPLAINTS AGAINST THE MAYOR, ELECTED CITY OFFICIALS OR A MUNICIPAL JUDGE SUMMARY: Attached is an Ordinance which amends PMC Sec. 1-9-30 to assign to City Council the investigation of ethics complaints against the Mayor, elected City officials (including members of City Council) or a Municipal Judge. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Under the City’s current Ethics Code, ethics complaints against the Mayor, elected City officials (including members of City Council) or a Municipal Judge are assigned to the President of City Council for investigation. Certain members of City Council think that the entire City Council should be involved in the investigation process and have asked the City Attorney to prepare a corresponding amendment to the City’s Ethics Code. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this ordinance is not passed the responsibility for investigating ethics complaints against the Mayor, elected City officials (including members of City Council) or a Municipal Judge shall remain with the President of City Council. RECOMMENDATION: Not applicable to this Ordinance. Attachments: Proposed Ordinance