Ethics Review Commission
a. There shall be created an Ethics Review Commission. The Commission shall have the duty and power, unless otherwise provided, to rule upon the appropriate disposition of allegations of violations of this Article.
b. Members.
1. The City Council shall appoint a chairperson and five (5) other members to the Commission, designated as Places One through Five, corresponding to each seat on the City Council. The chairperson shall be considered a member of the Commission, but shall vote only in the event of a tie.
2. The Mayor shall nominate the chairperson and each member of the City Council shall nominate the member of the Commission corresponding to such Councilmember’s seat. Each nomination must be confirmed by majority vote of the City Council. The City Council should appoint as members of the Commission persons of high integrity commensurate with the spirit of this Code of Ethics.
3. Unless removed as provided herein, Commission members shall be appointed to staggered terms corresponding to the terms of the member of the City Council making such appointment.
4. All members shall be residents of the City of Richland Hills. No member shall be an employee of the City, hold any City elected office, be a candidate for any such office or hold any City appointed office. Upon the occurrence of any such event, the member will immediately forfeit the member’s office and shall not hold over until a successor is named.
5. Members of the Commission serve at the pleasure of the City Council and may be removed by a majority vote of the Council at any time with or without cause.
c. Quorum; Meetings; Rules.
1. Three or more members of the Commission shall constitute a quorum.
2. Every meeting or hearing of the Commission shall be held in accordance with Chapter 551 of the Texas Government Code.
3. The Commission may adopt, amend and rescind rules of procedure to carry out the provisions of this Article. Such rules shall be consistent with this Article and other applicable law, provided that the Commission need not follow formal rules of evidence at such hearing.
d. Duties. The Commission shall have the following duties:
1. To meet as often as necessary to fulfill its responsibilities;
2. To review, index, maintain on file, and dispose of sworn complaints;
3. To make findings of fact as necessary for the disposition of a complaint;
4. To make notifications, extend deadlines, and conduct investigations; and
5. Such other duties as are specifically granted by this Article.
e. Staffing.
1. The Commission may request from the City Manager the appointment of such staff as is necessary to carry out the duties of the Commission.
2. The Commission may be assigned staff by the City Attorney to assist in its duties.
3. When complaints are filed against a City official other than a City Council member, independent legal counsel may be utilized at the discretion of the City Attorney to advise the Commission and participate in hearings. When a complaint is filed against a City Council member, the City Attorney shall engage independent legal counsel to advise the Commission, unless the City Attorney determines there are no reasonable grounds to believe that a violation of this Article has occurred.
4. A City official may request an opinion from the City Attorney regarding the meaning or effect of any section, word or requirement of this Article as it affects such official, and the City Attorney’s Office shall thereupon confer with the City official, and provide a copy of such opinion to the City Manager.
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