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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER VIII.
ENFORCEMENT

Sec. A3-70. Ethics Commission.

(a) An Ethics Commission, consisting of seven members, shall be appointed. Five members shall be appointed to terms to coincide with the terms of office of each Board seat. The two at-large member shall be solicited from interested community groups or may be self-nominated, and the presiding judge shall select two individuals from the names of the group submitted to the presiding judge by the Ethics Commission after a review of their qualifications by a subcommittee of the Ethics Commission. The other five Commissioners shall be appointed by the presiding judge of the Superior Court from a list of three persons nominated by the Board member whose term of office corresponds with the term of the Commissioner. There shall be, among the seven Commissioners, at least one Commissioner appointed from each supervisorial district.

(b) The Commission may request, subject to approval of the Board of Supervisors, assignment or hiring of personnel to assist the Commission in carrying out its duties. The Board shall approve reasonable requests.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Sec. A3-71. Enforcement proceedings.

(a) Any person who believes that a violation of any portion of this code of ethics has occurred may file a written complaint with the Ethics Commission. Any such complaint must be filed within two years after the date on which the violation occurred. A copy of any such written complaint shall, at the time such complaint is made, be filed with the County Clerk, and a copy shall also be provided to any person alleged to have violated any portion of this chapter. Should the preliminary investigation by the Ethics Commission reveal that there is sufficient basis upon which to proceed with a hearing regarding the alleged violation, the Ethics Commission shall refer the matter to a retired Superior Court judge, selected by the Commission, to serve as the hearing officer regarding the complaint. The hearing officer shall review the investigation, have the power to obtain additional discovery and testimony, shall have the authority to independently exercise all powers necessary to investigate, subpoena records, and issue orders to facilitate the investigation of complaints. The hearing officer shall conduct a hearing regarding the complaint. The Ethics Commission may attend the hearing as observers. After the conclusion of the hearing, the hearing officer shall make recommendations to the Ethics Commission regarding the disposition of the complaint and any recommended sanctions or penalties to be imposed.

(b) The Ethics Commission has the power to ratify the decision of the hearing officer or to reject the decision. Should the decision of the hearing officer be rejected, the complaint must be dismissed.

If the decision of the hearing officer is ratified, and a violation of this code of ethics is found, the Ethics Commission may issue such enforcement orders as it deems necessary, including the sanctions set forth below.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Sec. A3-72. Civil sanctions/penalties.

A person who is found to have violated this code of ethics is subject to the following sanctions:

(1) Public censure by the Ethics Commission or the Board of Supervisors;

(2) An official finding of misconduct in office and removal from office upon an accusation proceeding instituted by the grand jury;

(3) Forfeiture into the County general fund of any amounts or things of value given or paid in violation of this division;

(4) A penalty assessment to be deposited into the County general fund of up to $500.00 per violation of this code or an amount not to exceed three times the amount given, paid or expended in violation of this division.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

Sec. A3-73. Criminal penalty.

In addition to the civil penalties provided above, a willful violation of this code is a misdemeanor.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

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