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CHAPTER 13. CODE OF ETHICS Updated 2017 13-8 13.11. Legal Counsel. The City Attorney or the City Attorney’s designee shall act as the Appointing Committee’s and the Board’s legal counsel. If required by this chapter or the Minnesota Rules of Professional Responsibility, the City Attorney shall retain outside legal counsel to act as the Appointing Committee’s or Board’s legal counsel. 13.12. Board Action. Subdivision 1. Any person may file a complaint with the Board. Any person, either personally or on behalf of an organization or governmental body, may request the Board to issue an ethics opinion regarding the propriety of any matter within the Board’s jurisdiction. Subd. 2. Any complaint or request for an ethics opinion shall be in writing and signed by the person making the request. Subd. 3. Upon receipt of a complaint or upon learning of any circumstance or situation that appears to violate any provision of this chapter, the Board shall conduct a preliminary investigation. If, upon completion of that investigation, the Board determines there is no reasonable grounds to believe that a violation has occurred or that the complaint is frivolous, made in bad faith, brought for vexatious reasons or is filed principally for the purpose of harassment, it shall dismiss the complaint. Subd. 4. The Board shall hold a hearing on a complaint that is not dismissed, and shall report its findings to the City Administrator and to the person’s Appointing Authority. The chair of the Board may obtain subpoenas from the district court to compel the attendance of witnesses or the production of documents at any hearing. 13.13. Code of Ethics Violations. Subdivision 1. A Public Official must report any conduct by another Public Official that he or she believes violates this Code of ethics. A.The improper conduct of a non-appointed Public Official must be reported to either the alleged violator's supervisor or department head. B.The improper conduct of an appointed Public Official who is not a department head must be reported to the alleged violator's supervisor, department head or Appointing Authority. C.The improper conduct of a department head or an elected official must be reported to the Board. Subd. 2. Once a situation is reported under subdivision 1(A) or 1(B) above, the supervisor or department head has a duty to immediately investigate the alleged violation. When a situation reported under subdivision 1(A) or 1(B) above is resolved, the supervisor or department head must notify the Board of the report and resolution. Rochester - Page 8 of 9