Number
081085
Version
ORIGINAL
Reference
Sponsor
ALD. HAMILTON
Title
An ordinance clarifying and revising provisions of the city's code of ethics and providing penalties for failure to timely file a statement of economic interests.
Sections
303-7-2 rc
303-11-1-d rc
303-11-2 rc
303-11-4 cr
Analysis
This ordinance clarifies provisions of the city code of ethics relating to requests to the ethics board for advisory opinions. The ordinance further clarifies that statements of economic interests filed by candidates for city office with the city election commission need not be filed with the ethics board.
The ordinance repeals language requiring the withholding of salary from an official or employee for failure to file a required statement of economic interests. The current provision has been determined by the city attorney to be in violation of federal wage and hour laws if applied to certain officials and employees required to file a report under the ordinance, but not exempt from the protections of the federal Fair Labor Standards Act (FLSA).
New late filing fees are created for failure to timely file a statement of economic interests in the amount of $25 if filed 11 days or more after the due date, and an additional $5 per day for each day the report is not filed after 30 days has expired from the date due.
The ordinance also provides that, after 45 days, an affidavit of late filing may be provided to the city attorney by the ethics board. Ordinance violation charges may then be filed with the municipal court. Conviction is punishable by a forfeiture of not less than $250 nor more than $1,000, and failure to pay may result in imprisonment of not less than 10 nor more than 40 days.
The election commission is required to remove a candidate from the ballot for failure to file a statement of economic interests as currently required. New penalties are provided, however, for filing of a false statement of economic interests. These pena...
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