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Home My WebLink About2026-07-13 26-237 Ordinance26-237 7/13/2026 Title, Ordinance CITY COUNCIL ACTION Council Meeting Date: July 13, 2026 Item No: 26-237 Responsible Dept: Council Action Requested: Ordinance Map/Lot: N/A Amending Chapter 33, Code of Ethics, To Add Sections 33-22 (Response Deadline) and 33-23 (Council Response to an Ethics Board Advisory Opinion) Summary This addition to the City's Code of Ethics would establish a deadline of 120 days for the City's Board of Ethics to field a referral from the City Council, conduct its work, and draft and issue its written advisory opinion to the City Council. It also provides the framework for the Ethics Board to request an extension of the 120 -day deadline if the Board cannot complete its investigation and issue its written findings within the 120 days. The deadline is intended to be sufficient for most matters while preserving Council oversight over the pace of the process, and while providing flexibility in instances where additional time is needed. The addition to the Ethics Code also provides a procedure for the Council to follow when the Ethics Board's written advisory opinion is received by the Council. Currently, the City's Ethics Code does not contain any procedure for the Council to follow after receiving an Ethics Board advisory opinion. The proposed addition also provides a framework for considering an appropriate penalty in the event the City Council finds a violation(s) of the Code of Ethics has occurred. This item was reviewed and unanimously recommended for approval at the July 6, 2026 Government Operations Committee meeting. Committee Action Committee: Government Operations Committee Action: Recommended For Approval Previous Council Actions Meeting Date: July 6, 2026 For: 5 Against: 0 City Manager City Solicitor Finance Director Introduced for: First Reading 26-237 7/13/2026 CITY COUNCIL ORDINANCE Date: July 13, 2026 Assigned to Councilor: Faloon ORDINANCE, Amending Chapter 33, Code of Ethics, To Add Sections 33-22 (Response Deadline) and 33-23 (Council Response to an Ethics Board Opinion) WHEREAS, at present, the City's Code of Ethics contains no deadline for the City's Board of Ethics to complete its work upon a referral from the City Council, and does not contain any procedure for the City Council to follow after receiving an Ethics Board advisory opinion; and WHEREAS, the City desires to provide such a deadline with flexibility for requested extensions of time, and a framework for the City Council to follow upon receiving an Ethics Board advisory opinion; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 33 of the Code of Ethics of the City of Bangor is hereby amended as follows: § 33-22. Board of Ethics — Response Deadline. A. Deadline for Findings. Upon receipt of a referral from the City Council pursuant to this Chapter, the Board of Ethics shall issue its written advisory opinion to the City Council within 120 days of the date the referral is received by the Board. B. Extension Request. If the Board of Ethics determines that it cannot complete its review and issue written findings within the 120 -day period, the Board shall, prior to the expiration of that period, submit a written extension request to the City Council. The extension request shall include: (1) A statement of the reason or reasons the Board requires additional time; (2) A proposed extended deadline by which the Board commits to issue its findings; and (3) A summary of the Board's progress on the matter to date. C. Council Action on Extension Request. The City Council shall consider the Board's extension request at its next regularly scheduled meeting following receipt of the request. The Council may, by malority vote, approve the reauested extension. approve a modified extension period. or deny the extension. D. Public Record. All extension requests submitted by the Board and all Council actions taken in response thereto shall be Dart of the public record of the City Council. E. Effect on Board Procedures. Nothing in this section shall be construed to limit the Board's authority to conduct thorough and impartial fact-finding within the deadline established herein, or as extended by the Council. The Board retains full authority to request voluntary statements, review records, and conduct hearings as otherwise provided in this Chapter and the Board's Procedural Rules within the applicable timeframe. 26-237 7/13/2026 § 33-23. Council Response to an Ethics Board Advisory Opinion A. Duty to Act. Upon receipt of a written advisory opinion by the Board of Ethics that a City Councilor, board member, or commission member has or has not violated a provision of this Chapter, the City Council shall place the matter on the agenda of its next regularly scheduled meeting, or a special meeting called for that purpose, occurring no later than thirty (30) days after the City Council's receipt of the Board's written advisory opinion. B. Deliberation and Vote. At the meeting described in subsection A, the City Council may conduct any portions of the Council's deliberations, investigation, or fact-finding in executive session as provided in 1 M.R.S. §405(6)(A), and shall deliberate on the Board's advisory opinion and publicly vote on one or more of the following responses: (1) In the event the Ethics Board's written advisory opinion concluded that there was no violation, the City Council may: (a) vote to take no further action on the matter; or (b) deliberate and vote on whether the City Council finds that a violation(s) did or did not occur. The City Council is not bound by the findings or the advisory opinion of the Ethics Board and may make findings that are or are not consistent with the Ethics Board's findings and ooinion: or (c) deliberate and vote on whether the Council wishes to conduct its own investigation into the matter. In the event the City Council votes to conduct its own investigation into the matter, the Council shall determine the parameters of the investigation, including but not limited to (1) identifying which issue(s) the Council will be investigating, (2) determining which individual(s), if any, the Council will request voluntary statements from, (3) determining which additional records, if any, the Council will request for review, and (4) identifying any other items needed in order to adequately complete the investigation. (2) In the event the Ethics Board's written advisory opinion concluded that there were one or more violations of the Ethics Code. the City Council mav: (a) deliberate and vote on whether the City Council finds that a violation(s) did or did not occur. The City Council is not bound by the findings or the advisory opinion of the Ethics Board and may make findings that are or are not consistent with the Ethics Board's findings and oainion: or (b) deliberate and vote on whether the Council wishes to conduct its own investigation into the matter. In the event the City Council votes to conduct its own investigation into the matter, the Council shall determine the parameters of the investigation, including but not limited to (1) identifying which issue(s) the Council will be investigating, (2) determining which individual(s), if any, the Council will request voluntary statements from, (3) determining which additional records, if any, the Council will request for review, and (4) identifying any other items needed in order to adequately complete the investigation. (3) In the event the City Council votes and determines that one or more violations of the Ethics Code occurred, the Council shall deliberate and vote on the issue of an appropriate penalty, which may include one or more of the following: (a) the Council may vote that no penalty will be imposed, accompanied by a written statement of the Council's reasoning: (b) Formal Censure — the Council may vote on whether to impose a public resolution formally censuri the official, with written findings entered in the public record; 26-237 7/13/2026 (c) Committee Removal — the Council may vote on whether to remove the official from one or more committee or board assignments for a specified period not to exceed the remainder of the current Council year; (d) Civil Fine — the Council may vote on whether to impose a civil fine as authorized by §33-3 of the City's Code of Ethics, and as provided in §9-26 of the Code of the City of Bangor; (e) Training Requirement — the Council may vote on whether to require that the official complete specified training as a condition of continued service in assigned roles; or (f) Other Lawful Action — the Council may vote to take any other lawful action the Council deems appropriate and proportionate to the nature of the violation. (4) In conducting the deliberations and voting described in this subsection B, a Councilor(s) who was (were) the subiect of the Ethics Board's investigation and findings shall not participate in the Council's deliberations or vote(s), but shall be given the opportunity to speak on their own behalf and to offer a defense to the allegations, including, in the event the Council chooses to conduct its own investigation, the opportunity to request voluntary witness statements and to seek and present relevant documents for the City Council's review. C. Public Record. The Board of Ethics written advisory opinion, the Council's deliberation (other than deliberations that occur(s) in executive session). and any action taken by the Council pursuant to this section shall be maintained as Dart of the City's public record. D. Scope. This section applies to findings involving City Councilors, and, where applicable, to findings involving board members or commission members whose conduct falls within the iurisdiction of the Board of Ethics under this Chanter. This section does not alter the referral reauirements or investigative procedures of the Board of Ethics as otherwise set forth in this Chaoter or the Board's Procedural Rules. §33-224 Orientation meeting; annual report A. All members shall attend an annual orientation meeting to be scheduled during the month of January of each calendar year. B. The Board shall meet at least quarterly and, prior to December 31 of each calendar year, shall prepare and submit to the City Council an annual report outlining its doings during the preceding twelve-month period. Additions are underlined; deletions are str+eak through. IN CITY COUNCIL JULY 13, 2026 COrd 26-237 First Reading � �.� ,�..� � �� :,w�,�N � ��.� . � ��;�� ,, CITY CLERK IN CITY COUNCIL JULY 27, 2026 COrd 26-237 Motion made and seconded for Passage Vote: 8—0 Councilors Voting Yes: Beck, Carson, Deane, Fish, Leonard, Mallar, Walker, Faloon Councilors Voting No: None Passed � �.� ,�..� � �� :,w�,�N � ��.� . � ��;�� ,, CITY CLERK