Ord 2016-038/amending Chapter 2, Article 5, Code of Ethics, of the San Marcos City Code

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(A) was minor and was committed knowingly, intentionally or in disregard of this article or a state conflict of interest law; or (B) was serious and may have been unintentional. A copy of any reprimand directed to an official shall be sent to the city council. A copy of any reprimand directed to an employee shall be sent to the city manager and included in the employee's personnel file. (4) A recommendation of suspension from office or employment, if the commission finds that the violation: (A) was serious and that was committed knowingly, intentionally or in disregard of this article or a state conflict of interest law; or (B) was minor but similar to a previous violation by the person, and was committed knowingly, intentionally or in disregard of this article or a state conflict of interest law. A recommendation of suspension of an official appointed by the city council shall be transmitted to the city council, and the council will have final authority on whether to impose a suspension. A recommendation of suspension of a employee shall be directed to the city manager, who will have final authority on whether to impose a suspension. (5) A recommendation for recall or removal from office or employment, if the commission finds that the violation was serious and was committed knowingly, intentionally or in disregard of this article or a state conflict of interest law. A recommendation for recall of a city council member or removal of an official appointed by the city council will be forwarded to the city council. A recommendation for removal of an employee will he forwarded to the city manager. (6) In addition to a sanction under subdivisions (1) through (5) above, the commission may recommend to appropriate authorities that a person be prosecuted for a violation of this article or a state conflict of interest law. Sec. 2.445. Special counsel. An independent outside attorney approved by the city council, who does not otherwise represent the city, shall be retained to serve as special counsel to the ethics review commission in the following situations: (1) When a complaint is filed alleging that the mayor or a member of the city council, or the city manager, city attorney, city clerk or municipal court judge violated this article or a state conflict of interest law. (2) When an advisory opinion is requested under section 2.443(d) by the mayor or a member of the city council, or by the city manager, city attorney, city clerk or municipal