§ 2-10-13. Penalties for violation of code of ethics.

A.

Upon a finding of a violation of any provision of this code of ethics, the board of ethics is empowered to take any one or more of the following actions:

1.

Recommend to the city court that it assess any penalty provided herein, the city court shall hold a de novo proceeding during which the chief ethics officer shall act as the prosecution;

2.

Recommend to the city council that it censure any officer;

3.

Recommend to the city council suspension of any appointed officer who is charged or indicted for any felony pending the outcome of such indictment pursuant to the process as outlined in the City of Memphis Charter article 27, section 185;

4.

Recommend to the city council removal of any appointed officer pursuant to the process as outlined in the City of Memphis Charter article 27, section 185;

5.

Refer the matter to the district attorney general or the United States Attorney for appropriate action; or

6.

Refer the matter to the city attorney or district attorney general with a request that an appropriate civil action for restitution, ouster, or other relief be instituted.

B.

Upon a finding of a violation of the applicable provision of this code of ethics, the city court is empowered to assess the following penalties:

1.

Any person who violates a provision of this code of ethics may be subject to a fine of up to $50.00 for each violation.

2.

Any person who fails to make any disclosure required by section 2-10-5 may be fined $50.00 per day, up to a maximum of $2,500.00, from the first day the disclosure is due until the disclosure is filed.

3.

Any person who violates the provisions of section 2-10-5 concerning gratuities may be subject to forfeiture up to the fair market value of any gratuity concerned.

C.

The various sanctions provided under this section are cumulative to other remedies provided under Tennessee law or under the charter and ordinances of the city.

(Ord. No. 5206, § 13, 7-1-2007)