2.06.070 Board of ethics established.
A. There is hereby established a board of ethics.
B. The board shall be comprised of five members and one (1) alternate member appointed by the mayor and confirmed by the council. Each member appointed and confirmed must be qualified in accordance with BMC 2.60.040. The alternate member shall have all the powers and duties of a regular member only while serving as a replacement for a regular member.
C. The terms of the appointments to the committees shall be for a period of three (3) years. In the event of a vacancy, a new member shall be appointed by the mayor and confirmed by the council and serve the remaining term. During initial creation of the board the appointment terms shall be staggered.
D. Committee members can be removed by the council for cause. Cause shall be:
1. Is absent from the city for more than ninety (90) days without first being excused by the body;
2. Fails to attend three (3) hearings within any calendar year.
3. Submits a written resignation which is accepted by the body or the mayor;
4. Dies;
5. Fails to qualify and give the oath of office within thirty (30) days after city council confirmation of the appointment;
6. Ceases to be a resident of the city;
7. Is convicted of a felony or an offense involving a violation of the oath of office for the body; or
8. Becomes disqualified from holding the seat under other provisions of this code.
E. The members of the board shall annually elect a chair from among its members. If the chair is absent or has a conflict, the members shall elect another member to sit as presiding examiner of that hearing.
F. A quorum of the board shall be a majority of all members who are not excused for cause, such as being the complainant, the respondent, a witness, having a conflict of interest, or other for cause recusal. However, in no event may a quorum be less than three (3).
G. In the event a quorum cannot be met due to disqualification of members, the case documentation and information shall be considered solely by a hearing examiner.
H. Decisions of the board shall be adopted by a majority of the members who are qualified to act on the matter, where a quorum is present.
I. Unless the board delegates such authority to another member, the presiding examiner shall have authority to make procedural decisions between board meetings on behalf of the board. Examples of matters that may be decided by such delegation include scheduling hearings, establishing pre-hearing requirements and filing deadlines for exhibits, witness lists, and deciding other procedural matters.
J. The presiding examiner shall vote on every question, unless required to abstain for cause, and shall not have power to veto any action of the board.
K. Meetings of the board may be called by the chair or three (3) members. [Ord. 19-19 § 3, 2019.]