Sec. 167. - Jurisdiction and powers.
(a)
The City Council shall appoint an Ethics Review Board, to exercise the powers and duties established by this Charter. The Ethics Review Board shall consist of eleven members. The Mayor and each member of the City Council shall nominate one member of the Board. Each nominee shall be confirmed by a majority vote of the City Council. Nomination and confirmation of Board members shall be conducted at separate open meetings of the City Council. Initial board appointments shall be made so that terms are staggered, with six members to serve an initial term of two years and five members to serve an initial term of three years, determined after appointment by lottery. Subsequent appointments shall be for a term of two years beginning on the day after the expiration of the preceding full term. No member of the Board shall serve for more than three full terms.
(b)
Members of the Board shall have good moral character and shall be residents of the city. No person appointed to the Board may be: a salaried city official or employee; an elected public official; a candidate for elected public office; an officer of a political party; or a person required by ordinance to register as a lobbyist. A member of the Ethics Review Board may be removed from office for cause by a majority vote of the City Council after a public hearing at which the member is provided the opportunity to be heard. Grounds for removal are: a failure to satisfy or to continue to satisfy the qualifications set forth in this section; a substantial neglect of duty; gross misconduct in office; inability to discharge the powers or duties of office; a violation of any provision of the ethics ordinance; or a conviction of a felony or crime of moral turpitude.
(c)
The City Council shall fill any vacancy on the Board by a person who will serve the remainder of the unexpired term. The nomination to fill a vacancy shall be made by the member of the City Council (or his or her successor) who had nominated the person whose successor is to be selected to fill the vacancy.
(Ord. No. 99252, 5-27-04)
Sec. 167. - Jurisdiction and powers.
(a)
Jurisdiction. The Ethics Review Board shall have jurisdiction to investigate and make findings and conclusions concerning:
(1)
An alleged violation of an ethics code enacted from time to time by ordinance;
(2)
An alleged violation of regulations governing lobbying enacted from time to time by ordinance;
(3)
An alleged violation of local campaign finance regulations enacted from time to time by ordinance; and
(4)
An alleged violation of Section 141 of this Charter; provided, however, that the Ethics Review Board has no jurisdiction to find or conclude that a city officer or employee has forfeited his or her office or position.
(b)
Termination of city official's or employee's duties. The termination of a city official's or employee's duties does not affect the jurisdiction of the Ethics Review Board with respect to alleged violations occurring prior to the termination of official duties.
(c)
Powers. The Ethics Review Board has the power:
(1)
To establish, amend, and rescind rules and procedures governing its own internal organization and operations, consistent with ordinances;
(2)
To meet as often as necessary to fulfill its responsibilities;
(3)
Designate panels with the power to render decisions on complaints or issue advisory opinions on behalf of the Board;
(4)
To request from the City Manager the assignment of staff necessary to carry out its duties;
(5)
To review, index, maintain on file, and dispose of sworn complaints;
(6)
To make notifications, extend deadlines, and conduct investigations, both on referral or complaint;
(7)
To compel the production of sworn testimony, witnesses and evidence;
(8)
To recommend cases for prosecution by appropriate authorities and agencies;
(9)
To enforce its decisions by assessing civil fines and other sanctions authorized by ordinance;
(10)
To request the City Attorney to provide an independent counsel to advise and represent the Board, when appropriate or necessary to avoid a conflict of interest;
(11)
To provide assistance in the training and education of city officials and employees with respect to their ethical responsibilities;
(12)
To prepare an annual report and to recommend to the City Council needed or desirable changes in ordinances under its jurisdiction; and
(13)
To exercise such other powers and duties as may be established by ordinance.
(Ord. No. 99252, 5-27-04)
A decision of the Ethics Review Board is final unless the person aggrieved by the decision appeals to the State District Court in Bexar County no later than thirty days after the date the Board renders the decision. An appeal of a Board decision is initiated by filing a verified petition setting forth the specific points of error alleged. The District Court shall review an appeal under this section under the substantial evidence rule and shall base its decision on the court's review of the record of the hearing before the Board. The District Court will affirm the findings and decision of the Ethics Review Board and may not substitute its judgment for that of the board unless the Board's decision was arbitrary, capricious, unlawful, or not supported by substantial evidence. If the decision of the Ethics Review Board is not supported by substantial evidence, the District Court may reverse or affirm the Board's decision in whole or in part, or may modify the Board's decision if substantial rights of the aggrieved person have been prejudiced. The procedures and remedies of said appeals will be governed by the rules and regulations promulgated by the ordinance. Costs of an appeal may not be assessed against the Board, individual board members, or the City of San Antonio.
(Ord. No. 99252, 5-27-04)