A. Definitions. The definitions in Section 2-52(A) apply to this section.

B. City of Phoenix Ethics Commission. The City of Phoenix Ethics Commission is hereby established to consist of five members who each serve a term of five years unless otherwise specified. Two Commission members must be registered members of the Democratic Party, two Commission members must be registered members of the Republican Party, and one Commission member must be registered with no party affiliation. All members must be Phoenix residents and must not be elected officials, precinct committee persons of a political party, or Phoenix employees. A member may not serve more than one full term. One Democratic member, one Republican member, and the unaffiliated member will each serve a full initial term. One Democratic member and one Republican member will each serve a three-year initial term. Each Commission vacancy must be filled by a candidate recommended by the Judicial Selection Advisory Board and approved by Council as provided in this section.

C. Appointment of Commission members. The Judicial Selection Advisory Board will seek out and encourage qualified individuals to apply for appointment to the Ethics Commission and may conduct investigations into the background and qualifications of candidates through the use of questionnaires, personal interviews, and other means as the Board deems reasonable. When making recommendations for appointment to the Commission, the Board should consider the diversity of Phoenix’s population. A candidate for appointment to the Commission must be a registered Arizona voter who has been continuously registered with the same political party or registered as unaffiliated with a political party for five or more years preceding the date the candidate files an application with the Board. A candidate for appointment to the Commission must be a Phoenix resident and may not serve as an elected official, a precinct committee person of a political party, or Phoenix employee on the date the candidate files an application with the Board. As provided in Section 2-96, the Board will recommend candidates for appointment to the Commission by the affirmative vote of seven Council members.

D. Ethics Commission compensation. Ethics Commission members will not receive a salary or otherwise be compensated except for reimbursement of parking fees near Phoenix City Hall.

E. Ethics Commission rules and procedures. The City Manager will prepare initial rules and procedures for the Commission’s investigation and enforcement of an ethics or gift violation. All violations must be approved by an affirmative vote of four Ethics Commission members and an affirmative vote of seven Council members. These rules and procedures must address the process and procedures for the Ethics Commission to initiate proceedings, conduct the initial evaluation and investigation, proceed with a formal hearing after investigation by the Ethics Commission, if necessary, and recommend action, if necessary, to Council related to an alleged ethics or gift violation. By an affirmative vote of four members, the Ethics Commission may refer changes to the initial Ethics Commission rules and procedures to the City Manager for review and recommendation to Council. Any changes to the initial Ethics Commission rules and procedures must be approved by an affirmative vote of seven Council members.

F. Filing of inquiry. Any person who is a Phoenix resident or who is directly aggrieved by an act or the failure to act of an elected official or board member may file with the City Clerk a written inquiry containing specific allegations of violations of the City’s ethics or gift policy by any elected official or board member.

G. Elected official participation. An elected official must not participate in any discussion or vote in an inquiry involving the elected official’s acts or failure to act except to respond to the inquiry or defend against any allegation related to the inquiry.

H. Consideration of inquiry. Within five days of receiving the inquiry, the City Clerk will forward the inquiry to the Ethics Commission and the inquiry will be placed on the agenda of the Commission’s next available meeting.

I. Initial evaluation by Commission. Each inquiry received by the Commission will be initially evaluated by the Commission to determine by the affirmative vote of four members if the allegations in the inquiry:

If the Commission fails to make a determination by unanimous or the affirmative vote as required in subsections (I)(1) through (4) of this section, the inquiry is deemed closed.

J. Ethics Commission authority. Upon a determination that an inquiry warrants additional evaluation or investigation, the Ethics Commission is authorized to investigate, take testimony, and engage in any other action to the extent permitted by law to oversee the investigation and enforcement of the ethics or gift policy related to an elected official or board member. The Commission may appoint an independent investigator as may be necessary to assist the Ethics Commission in carrying out its purpose and responsibilities. In addition, the Ethics Commission may issue advisory opinions regarding ethics and gift policy issues upon request by an elected official or board member, and make recommendations to Council.

K. Inquiry report. After the conclusion of any hearing or fact finding related to an inquiry alleging a violation of the City’s ethics or gift policy by an elected official or board member, the investigator will prepare a written report with findings of fact and recommendations. The report will be provided to the Ethics Commission for such action as the Ethics Commission deems appropriate. The report will not be available for public inspection under the Arizona Public Records Act until after final action by the Ethics Commission.

L. Commission review. The Ethics Commission may review and discuss the inquiry and the report in executive session as permitted by law. In public session, by the affirmative vote of four members the Ethics Commission may recommend to the full Council to sustain the alleged violations in whole or in part, to impose sanctions, if any, permitted by this section, or to dismiss the inquiry. If there are less than four votes to make a recommendation to the full Council or to dismiss the inquiry, then the inquiry is deemed closed.

M. Consideration of recommendation. A recommendation from the Ethics Commission related to an inquiry will be placed on the agenda of the next available meeting of the full Council. By the affirmative vote of seven members the Council may accept the Ethics Commission recommendation in whole or in part, impose the same or different sanctions, if any, as permitted by this section, or dismiss the inquiry. If there are less than seven votes to accept the Ethics Commission’s recommendation in whole or in part, or to dismiss the inquiry, the inquiry is deemed closed.

N. Sanctions. By an affirmative vote of seven members, the Council may impose any of the following actions or civil sanctions for a violation of the ethics or gift policies by an elected official or board member: censure, a maximum civil sanction in the amount of $500.00 for each violation, or removal from office if the violation relates to a board member. Section 1-5 does not apply to action under this subsection. The penalties and remedies provided in Title 38, Chapter 3, Article 8, Arizona Revised Statutes, may apply and may be enforced as provided by law.

O. Action for frivolous allegations. Upon a finding and recommendation by an affirmative vote of four members of the Ethics Commission and by an affirmative vote of seven members of the City Council, the City Council may direct the City Manager through the City Attorney to file a complaint in Municipal Court against a person, or other entity recognized by law, for the filing of allegations of ethics or gift violations that are not well grounded in law or fact and are interposed for an improper purpose, such as to harass or cause unnecessary delay or expense to the elected official or board member. A person found liable for violating this section by a preponderance of the evidence may be subject to a maximum civil sanction in the amount of $500.00 for each violation and may be ordered to pay the reasonable attorney’s fees and costs incurred by the elected official or board member to respond to and defend against the improper allegations.

P. Removal of Commission member. Compliance with this section is not required for the Council to take action under Section 2-51. (Ord. No. G-6274, 2017)