Mission

The Ethics Commission of the City of Elk Grove California has the duty and obligation, unless otherwise provided, to hear complaints and to recommend appropriate disposition of complaints regarding the conduct of elected and appointed officials, commissions, boards and employees in accordance with the City’s Code of Ethics.

In addition, the Commission gives advice and advisory opinions to the City Council, its officials, or employees on ethical questions; and recommends to the City Council new and existing city polices on ethics.

Criteria

The Commission shall consist of seven members appointed by the City Council, one appointed by each City Council member and two members selected by a majority vote of the Commission. The Chief Financial Official will serve as a resource to the Commission.  No member may be an elected or appointed official serving on any other board, commission, agency of the City, an employee of the City, or a family member of such officials or employees.  No member shall contract with or do business with the City.

Members must be residents and have resided with the City for twelve consecutive months preceding appointment.

Complaints

Procedure - Investigation and Hearings

Any person may submit complaints alleging violation of the City Code of Ethics or the Commission may act on its own complaint, in the following fashion:

1. All complaints can be in writing or a complainant may request time certain for public comment to present a complaint in person.

2. All complaints must be signed, under penalty of perjury.
1. Under special circumstances, anonymous complaints will be accepted due to the nature of the complaint and to protect the complainant.

3. Mailed or hand-delivered in a sealed confidential envelope to the City of Elk Grove Ethics Commission.
4. The Commission may also file a complaint on its own part after an evaluation of possible violations of the Code. Such complaint shall comply with the requirements set forth above.

Preliminary Investigations (Non-personnel Issues)

The Commission shall conduct a preliminary investigation and hold a hearing, both conducted in closed session, unless waived by the respondent, to determine if probable cause exists that a violation of the Code could have occurred.

Hearings (Non-personnel Issues)

If the preliminary investigation indicates that probable cause exists for the violation of the Code, the Commission shall initiate hearings to determine whether there has been a violation of the Code.

Confidentiality of Complaints

Unless the Commission makes a finding of probable cause, a complaint alleging a violation of the Code shall be confidential, except upon the written request of the respondent.  (All findings of probable cause will be in compliance with Public Records Act.)

All complaints should be issued on behalf of the Commission and the Commission will be the formal complainant in all cases.

A Commission evaluation of a possible violation of the Code prior to the filing of a complaint by the Commission shall be confidential, except upon the request of the subject of the evaluation.

If the evaluation is confidential, any information supplied to or received from the Commission shall not be disclosed to any third party by a subject of the evaluation, a person contacted for the purpose of obtaining information or by a member of the Commission.

No provision of this subsection shall prevent the Commission from reporting the possible commission of an alleged offense to the Sacramento County Grand Jury, Sacramento County District Attorney, CA Attorney General or other prosecutorial authority.
 
Sanctions
If the Commission finds that there is a violation of the City Code of Ethics, it may impose the following sanctions:

• Issue an order to return any and all gifts improperly received.
• Issue a statement of censure to be included in the personnel file of the respondent.
• Recommend that:
  (a) A public official resign.
  (b) An employee be terminated, demoted, transferred or suspended.
  (c) An independent contractor be removed and legal action be initiated to

     terminate any contract for cause.

Note:  Enforcement power to be determined by the next citizens’ workshop.

Adoption of Rules of Procedure

The Commission may adopt rules of procedure, which it deems necessary to carry out the intent of this chapter, and the same and any amendments thereto shall be filed in the office of the City Clerk, and be available for public inspection. The discussions of the Commission held in executive session are to be confidential. The minutes of the Commission are public information and will be made available to the public through the

City Clerk’s office and the City’s website.

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