§ 2-7-49. CAMPAIGN VIOLATIONS.

(A)

This section applies to violations of Chapter 2-2 ( Campaign Finance ) and Article III, Section 8, of the City Charter ( Limits on Campaign Contributions and Expenditures ).

(B)

If the Ethics Review Commission determines that a violation of a provision to which this section applies has probably occurred:

(1)

the commission may recommend that the city attorney prosecute the violation;

(2)

request the appointment of a special prosecutor in cases where it finds this action necessary, with funding provided by the City; or

(3)

if the commission finds that the violation is minor, clerical, or may have been unintentional, the commission may recommend that the violation not be prosecuted or be prosecuted only if the violation is not corrected.

(C)

The commission may consider a violation's severity, frequency, or intentional nature.

(D)

If a respondent is an entity, the commission may find that an individual has violated a provision subject to the section.

(E)

This section does not require the commission to make a recommendation with respect to a complaint.

(F)

The commission may draft and publish a letter of notification, a letter of admonition, a reprimand, or a letter of censure to a respondent found to have violated a provision subject to this section. The Commission shall apply the criteria in Section 2-7-48 ( Sanctions ) to determine the appropriate sanction to impose.

(G)

This section does not limit the prosecutorial discretion of the city attorney.

Source: Ord. 20120426-084; Ord. No. 20160922-005, § 3, 6-1-17 ; Ord. No. 20170209-005 , Pt. 16, 2-20-17.

Editor's note

Ordinance No. 20160922-005 takes effect on June 1, 2017. Ord. No. 20170209-005 , Pt. 16 which amended subsection (F) takes effect February 20, 2017.