Sec. 2-1005.01. Enforcement of lobbying violations.
A. Jurisdiction. The City Attorney, under Section 2-10(B)(1), and the City of Phoenix Ethics Commission, under Section 2-53, possess concurrent jurisdiction to enforce violations of this article.
B. Ethics Commission rules and procedures.
1. The City Manager or his or her designee will prepare initial rules and procedures for the Commission’s investigation and enforcement of violations of this article. All violations must be approved by an affirmative vote of four out of five Ethics Commission members. These rules and procedures must address the process and procedures for the Ethics Commission to initiate proceedings, conduct the initial evaluation and investigation, and proceed with a formal hearing after investigation by the Ethics Commission of an alleged violation of this article.
2. By an affirmative vote of four out of five members, the Ethics Commission may refer changes to the initial Ethics Commission rules and procedures to the City Manager for review and recommendation to the City Council. Any changes to the initial Ethics Commission rules and procedures must be approved by an affirmative vote of seven Council members.
C. Filing of inquiry. Any person may file with the City Clerk a written inquiry containing specific allegations of violations of this article.
D. Consideration of inquiry.
1. Once the City Clerk receives an inquiry and the City Clerk has reviewed the inquiry and it appears on its face that a person may have violated any provision of this article, the City Clerk must serve notice on the person by certified mail or at the registered e-mail address requiring compliance with this article within 15 days. If the person does not take corrective action by 5:00 p.m. on the fifteenth day, the City Clerk will forward the inquiry to the Ethics Commission for prompt review and action.
2. When the Ethics Commission receives the inquiry, the inquiry must be placed on the agenda of the Commission’s next available meeting.
3. When the Ethics Commission is not or cannot be assembled, the City Clerk will forward the inquiry to the City Attorney for prompt review and action.
E. Initial evaluation by Commission. The Commission will evaluate to determine if the allegations in the inquiry:
1. Are within the Commission’s jurisdiction and are facially sufficient, in whole or in part, to warrant additional evaluation or investigation of the inquiry; or
2. Are outside of the Commission’s jurisdiction or are facially insufficient to warrant investigation. If the allegations are outside the Commission’s jurisdiction or are insufficient to warrant investigation, the inquiry will be dismissed. The Commission’s dismissal of the inquiry is final and is not subject to review; or
3. May involve a crime, in which case the Commission must refer the inquiry to the proper authority for investigation and possible prosecution. If the Commission refers the inquiry for criminal investigation or prosecution, the Commission must stay all action related to the inquiry until the criminal investigation and any related proceedings are resolved.
A determination under subsection (E)(1) or (2) of this section requires an affirmative vote of at least four out of five members. If the Commission fails to make a determination by the minimum affirmative vote, the inquiry is deemed closed. This disposition is final and not subject to review.
F. Ethics Commission authority.
1. Upon a determination that an inquiry warrants additional evaluation or investigation, the Ethics Commission is authorized to investigate, take testimony, subpoena, and engage in any other action to the extent permitted by law to oversee the investigation and enforcement of the lobbying requirements.
2. The Commission may appoint an independent investigator as necessary to assist the Ethics Commission in executing its purpose and responsibilities.
G. Inquiry report.
1. After the conclusion of any hearing or fact finding related to an alleged violation of the City’s lobbying ordinance, the Commission or its investigator will prepare a written report with findings of fact and recommendations.
2. The report will be provided to the Ethics Commission for appropriate action under this article.
3. The report will not be available for public inspection under the Arizona Public Records Act until after the Ethics Commission’s final action.
H. Commission review.
1. The Ethics Commission may review and discuss the inquiry and the report in executive session as permitted by law.
2. In public session, by the affirmative vote of four out of five members, the Ethics Commission may sustain the alleged violations in whole or in part and recommend sanctions permitted by this article, or the Commission may dismiss the inquiry. If there are less than four votes to sustain the allegations or to dismiss the inquiry, then the inquiry is deemed closed.
I. Enforcement of a sustained violation.
1. If the Ethics Commission finds any violation and recommends any sanction pursuant to this article, the information must be forwarded to the City Attorney to file a complaint.
2. Any inquiry reports, findings of fact, and hearing transcripts must be transmitted to the City Attorney to file a complaint if the Ethics Commission has found any violation and recommended any sanction.
3. When a complaint has been filed, the Court may conduct a hearing on the merits. If the Court sustains any violation, the Court must sentence the person according to Section 2-1005. (Ord. No. G-6324, 2017)