§ 2-6-128. Violations of article; board permitted to make public admonition and to refer findings; cumulative effect.*

(a)

In the event the board of ethics determines that a violation of this article has occurred, the board may adopt a resolution of public admonition against an elective officer, or an appointee, regarding the violation. In addition, where, based upon an investigation, the board of ethics determines that there may be grounds for further investigation for possible forfeiture of office or removal under section 2-107(B) or section 2-107(C) of the 2012 Detroit City Charter and applicable law, the matter may be referred by the board to the city council for consideration of forfeiture or removal proceedings in accordance with section 2-107(B) or section 2-107(C) of the 2012 Detroit City Charter.

(b)

In the event the board of ethics determines that a violation of this article has occurred, the board may adopt a resolution of public admonition against a public servant other than an elective officer or an appointee, regarding the violation. In addition, where the board of ethics determines that a violation of this article by such public servant may present grounds for disciplinary action, the matter may be referred by the board to such public servant's supervisor with a recommendation that the public servant's conduct be reviewed for disciplinary action. Any such disciplinary action must be carried out in accordance with the provisions of the 2012 Detroit City Charter and other laws, policies and procedures that are applicable to the position of the public servant and with the gravity of the offense.

(c)

Where the board of ethics finds that a decision of the mayor, the city council, the city clerk, an appointee, a voting body, or other public servant was made in violation of this article, the board may recommend to the mayor, the city council, the city clerk, the appointee, the voting body, or other public servant that such decision be reviewed in accordance with the applicable provisions of the 2012 Detroit City Charter and this Code. Upon such recommendation, the decision may be reviewed by the mayor, the city council, the city clerk, the appointee, the voting body, or other public servant in accordance with the applicable provisions of the 2012 Detroit City Charter, this Code, and any other applicable laws.

(d)

Where the board of ethics determines that an existing city contract has been entered into in violation of the provisions of this article, after such determination and recommendation from the board, the city may:

(1)

Suspend the contractor or vendor where legally permissible; and

(2)

Disqualify or debar the contractor or vendor from contracting or subcontracting with the city where legally permissible.

(e)

The invocation of one (1) subsection of this section does not preclude the application of any other subsection of this section or of any other applicable laws or policies.

(Ord. No. 43-06, § 1, 11-17-06; Ord. No. 18-12, § 1, 7-31-12)

*Commentary— Section 2-106.9 of the 2012 Detroit City Charter directs that the code of governmental conduct enacted by the city council in ordinance form shall contain appropriate penalties for violations of its provisions. Section 2-6-128 sets forth these potential penalties.

Section 2-6-128(a) establishes public admonition as a punishment for violation of the article by an elected official or appointee. In addition, information discovered by the board in the course of investigation of a complaint against an elective officer or appointee may reveal circumstances which may constitute the basis for forfeiture of or removal from office under section 2-107(B) of the 2012 Detroit City Charter. Inasmuch as this Charter section confers upon the city council rather than the board of ethics the authority to decide whether the circumstances for forfeiture or removal from office exist, section 2-6-128 provides that the board may refer a matter to the city council for investigation and consideration where a board investigation reveals a possible basis for forfeiture under the Charter or applicable law.

Likewise, section 2-6-128(b) makes public admonition available to the board of ethics as a penalty for violation of the article by a public servant other than an elective officer or appointee, such as a city employee. It is also recognized that a violation of the article by such a public servant may constitute grounds for disciplinary action against the public servant. Although the board of ethics is not empowered by the Charter to impose discipline upon a public servant, the board may refer a proven violation by the public servant to the appropriate city official and/or supervisor who has the authority to consider and impose discipline. Any disciplinary action based on a violation of this article must be consistent with the provisions of the Charter and any other laws, policies or procedures that may apply to the public servant, such as the city's civil service rules or collective bargaining agreements.

Section 2-6-128(c) recognizes that a decision which was made in violation of this article may warrant review by the appropriate public officials. Whether or not such decision may be subject to reconsideration or reversal will depend upon the facts and circumstances of the situation and the application of relevant law.