REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 13, 1998 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mr. Arland Buzz Johnson, 348 N. Governors Avenue, addressed members regarding the proposed renovation of the Morris Correctional Institution into a work release center. He stated that he had eight (8) years experience in prison and felt he could provide different views regarding the subject. Although the Mayor can attempt to litigate some concerns with his influence, the fact remains that the State Department of Corrections has full authority to institute the proposed work release center at the Morris Correctional Institution facility. Mr. Johnson reminded members that with or without the work release center, prisoners come to Dover everyday. A prisoner being released directly into society after being in prison for any length of time will have difficulty adjusting. Mr. Johnson felt that a work release center would provide a means for prisoners to gradually come back to society, which would actually be safer for citizens. He stated that from his experience, there are three (3) matters prisoners must avoid in order to survive as contributing members of society: people, places and things and suggested that the work release center would provide assistance to prisoners with regards to these matters.
Mr. Johnson noted the increase of crime in the community and suggested that the City, County and State work together by focusing on crime prevention. It was his feeling that crime prevention must begin at a very early age and offered suggestions such as involvement in sports activities and attacking the issue of the lack of self-esteem.
Mrs. Linda Andres, 182 Haman Drive, addressed members regarding concerns of the recent removal of trees that were on land adjacent to the rear of her property owned by Mr. Ronald Harmon. She explained that Mr. Harmon recently received approval for a mini-storage facility, with a stipulation that the trees would remain to serve as a buffer. Mrs. Andres distributed pictures depicting the rear of her property before and after the trees were removed and requested the City’s assistance in resolving this issue. She noted that as a result of the trees being removed, her property value has declined and the view of the rear of her property has been drastically reduced. She suggested that members be reminded of this action when considering similar applications in the future.
Council President Christiansen assured Mrs. Andrus that the City Planner, Mr. DePrima, will contact her regarding this matter.
Mrs. Kathy Wright, 930 Sunset Terrace, relayed her concerns of safety and opposition to the location of the proposed work release center and suggested that members consider the needs of the future. It was her feeling that such a facility will need the ability to expand and that the present location would only provide a temporary solution.
Ms. Marlynn B. Hedgecock, 943 Sunset Terrace, questioned the City’s notification procedures to affected neighbors with regards to proposed projects or issues being considered by City officials.
Responding, Mr. DePrima explained that according to the City Code, when an application is being considered by the Planning Commission, all property owners within 200' of the project property must be notified of the project by certified letter and a public notice must be placed in a local newspaper.
Ms. Hedgecock noted that not all residents read the newspaper each day; however, they do receive a monthly utility bill from the City. She referred to the current utility bills sometimes displaying notifications of upcoming social events and suggested that in order to notify those residents that are beyond 200' of a proposed project, the City utilize the utility bills for such notices.
Mr. O’Connor stated that there are several issues considered by the Planning Commission during their monthly meeting and that due to the limited area for messages on the utility bills, it would be difficult to choose which issues to include.
The invocation was given by Father Hanley, followed by the Pledge of Allegiance led by Troop #634 from Dover.
AGENDA ADDITIONS/DELETIONS
Council President Christiansen requested the addition of item #2A, Storm Update by the City Manager. Mr. Carey moved for approval of the agenda as amended, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 22, 1998
The Minutes of the Regular Council Meeting of June 22, 1998 were unanimously approved by motion of Mr. Carey, seconded by Mr. Weller and bore the written approval of Mayor Hutchison.
PRESENTATION - DISTINGUISHED BUDGET PRESENTATION AWARD (GOVERNMENT FINANCE OFFICERS ASSOCIATION)
The Distinguished Budget Presentation Award, from Government Finance Officers Association, was awarded to the City of Dover. This award signifies the excellent manner in which the City prepares and presents its budget. Mr. O’Connor - City Manager and Mr. Salters - Chairman of the Legislative and Finance Committee assisted Mayor Hutchison is presenting the award to Mrs. Tieman, Director of Administrative Services, for the excellent work in preparing the budget document.
Mrs. Tieman reiterated that the budget is a team effort by staff and City Council. She relayed her appreciation to Mr. Karia, Treasurer/Finance Director, for his assistance in preparation of the budget and gave special thanks to her secretary, Mrs. Carolyn (Cookie) Skripko, for her diligent work on the budget.
STORM UPDATE - CITY MANAGER O’CONNOR
Mr. O’Connor provided members an update on the damages and cleanup as a result of a tremendous storm that occurred on June 26, 1998. He advised members that all City employees are to be commended for their untiring and dedicated efforts. He noted that the storm hit Dover around 5:00 p.m. on a Friday evening, when several employees had just left work for the weekend only to be called back to work. Mr. O’Connor noted that employees worked through until Saturday morning, primarily those of the Grounds and Electric Departments, in an attempt to restore utility services. Several crews continued the cleanup of debris from developments to provide accessibility for emergency vehicles and safety to our residents.
Mr. O’Connor also relayed his apologies to all customers for the inconvenience they experience when the storm interrupted the telephone system and electric service, and for the lack of notification to the public on the status of restoring services. He also relayed his appreciation to the State of Delaware and several other private contractors for their assistance during this time.
Responding to Mr. Salters, Mr. O’Connor stated that he is not aware of the storm being given any type of official classification.
In response to Mrs. Malone, Mr. O’Connor stated that the City will be filing for reimbursement of storm related costs. He advised members that the Emergency Preparedness Manager has contacted the State of Delaware regarding this matter and that he is in the process of compiling all costs related to the storm for submission; however, Mr. O’Connor stated that, at this time, there has been no definite response regarding reimbursement of expenses.
At the suggestion of Mr. Carey, members agreed that a letter, signed by the Mayor, Council President and City Manager, should be sent to all City employees congratulating them and thanking them for their efforts and the extra hours given during the storm. Although employees will be compensated by receiving over-time pay, Mr. Carey noted that dedication and hard work was exemplified by these employees. He felt that all employees should be commended and advised of Council’s appreciation for their efforts.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on June 22, 1998, with Chairman Salters presiding.
Proposed Ordinance Amendment - Abatement of City Real Estate Taxes (Article IV of Section 19.5-34, Application Process).
During their Regular Meeting of October 27, 1997, members of Council considered a request for tax abatement by Dr. Pillsbury and suggested that staff review the application process related to abatement of city real estate taxes for possible revisions. As a result, the City Assessor, Mr. Lucas, submitted a proposed ordinance amendment to Section 19.5-34 of the City Code for the committee’s review.
During the committee meeting, Mrs. Malone reminded members that Mr. Richter represented Dr. Pillsbury during her request for qualification of tax abatement. Considering his past City government experience and his current experience in the construction field, Mrs. Malone requested his review of the proposed amendment. Although Mr. Richter was unable to attend the committee meeting, he suggested the addition of a new paragraph, to be inserted after paragraph (b), to read: “City Assessor shall notify the applicant within 30 (thirty) days if the project would meet all conditions for approval.”
Mr. Salters recommended modifying paragraph (e) to read: “Council shall require an Annual Statement of Compliance . . .”.
The committee recommended approval of the proposed ordinance amendment to Section 19.5-34 of the Dover Code, as amended.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for approval of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
APPOINTMENTS (MAYOR HUTCHISON) - DOVER LIBRARY COMMISSION
Mayor Hutchison recommended the following appointments to the Dover Library Commission:
Dr. Morris Eskenazi - Term to Expire June 16, 1999
Gertrude Jackson - Term to Expire June 16, 2003
Mr. Carey moved for approval of the appointments as recommended by Mayor Hutchison, seconded by Mr. Leary and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE
Mr. Lambert moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Weller and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. Final action by Council on the proposed ordinance will take place during the Council Meeting of July 27, 1998.
Mr. Lambert moved for acknowledgment of the first reading of the following proposed ordinance, by title only, seconded by Mr. Weller and unanimously carried:
► Chapter 19.5 - Taxation, Article IV - Abatement of City Real Estate Taxes, Section 19.5-34 - Application Process
FINAL READING - PROPOSED ORDINANCES
The First Readings of the following proposed ordinances were accomplished during the Council Meeting of June 22, 1998.
Chapter 2, Article I, Division 4 - Code of Conduct and Division 5 - Ethics Commission
Mr. Leary moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Chapter 2 - Administration, Article I - In General, of the Dover Code be amended by adding
Division 4 - Code of Conduct and Division 5 - Ethics Commission, as follows:
DIVISION 4 - CODE OF CONDUCT
Sec. 2-8. Title; Applicability and Statement of Policy.
(A) Title - This Chapter shall be known as The City of Dover Code of Conduct.
(B) Applicability - This Chapter shall be applicable to all elected and appointed officials and to all employees of the City of Dover.
(C) Statement of Policy - The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Conduct for all city employees and officials. The purpose of this Code of Conduct is to establish ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such officials and employees of private financial or other interests in matters affecting the City. The City Council finds and declares as matters of public policy goals and objectives for all city employees and elected and appointed officials, the following:
(1) The Public Trust
In our democratic form of government, the conduct of officials and employees of the City must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.
(2) Standards
To ensure propriety and to preserve public confidence, officials and employees of the City must have the benefit of specific standards to guide their conduct and of disciplinary mechanisms to guarantee uniform maintenance of those standards. Some standards of this type are so vital to government that violation thereof should subject the violator to criminal penalties.
(3) Public Service
In our democratic form of government, it is both necessary and desirable that all citizens should be encouraged to assume public office and employment, and that, therefore, the activities of officers and employees of the City should not be unduly circumscribed.
(4) Performance of Duty
Elected City officials are obligated to uphold the fundamental legal principles of our system of government, as set forth in the United States Constitution, the Delaware State Constitution, and the City of Dover Charter, as well as all applicable provisions of federal, state and local law and court decisions. They are bound to do so, and the failure to so act shall constitute malfeasance in office.
(5) Fairness
City officials and employees shall strive for the highest standard of fairness in all of their activities and shall not grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
(6) Use of Private Information
In the course of their official responsibilities, city officials and employees are often privy to categories of information which are of a private nature and are legally protected from public disclosure. City officials and employees shall maintain the privacy of such information, and they shall not take advantage of such information for personal gain, or the personal gain of friends or family.
Sec. 2-9. Definitions.
For the purposes of this subchapter:
(A)“City” shall mean The City of Dover.
(B) “Close relative” shall mean a person's parents, spouse, children (natural or adopted), and siblings of the whole and half-blood.
(C) “Commission” or “Ethics Commission” means the City Ethics Commission, established by this Article.
(D) “Compensation” shall mean any money, thing of value, or any other economic benefit of any kind or nature whatsoever conferred on or received by any person in return for services rendered or to be rendered by the official or employee or by another.
(E) “Employee” shall include all persons who receive compensation as an employee of the City of Dover or a City of Dover agency, and shall not include persons that are elected or appointed to serve as Mayor, City Council member or a member of any City Committee, Commission or Board, whether paid or unpaid.
(F) “His” or “he” shall be considered to be gender neutral terms. Where appropriate, his shall mean his or hers, and he shall mean he or she.
(G) “Financial Interest” - A person has a financial interest in a private enterprise if:
(1) He has a legal or equitable ownership interest in the enterprise of more than 10% (1% or more in the case of a corporation whose stock is regularly traded on an established securities market); or
(2) He is associated with the enterprise and received from the enterprise during the last calendar year or might reasonably be expected to receive from the enterprise during the current or the next calendar year income in excess of $5,000.00 for services as an employer, officer, director, trustee, or independent contractor; or,
(3) He is a creditor of a private enterprise in an amount equal to 10% or more of the debt of that enterprise (1% or more in the case of a corporation whose securities are regularly traded on an established securities market).
(H) “Matter” shall mean an application, petition, request, business dealing, contract, subcontract, or any other transaction of any sort with the City of Dover.
(I) “Official” shall mean any elected or appointed official of the City of Dover and all members of any committee, commission or board appointed by the Mayor of the City of Dover or appointed by the City Council.
(J) “Official Responsibility” shall mean any direct administrative or operating authority at any level, either exercisable alone or with others, either personally or through subordinates to approve, disapprove, recommend or otherwise direct action on behalf of the City of Dover.
(K) “Person” shall mean any individual, partnership, corporation, trust, joint venture, and any other association of individuals or entities.
(L) “Personal or Private Interest” is an interest in a matter which tends to impair the independent judgment of an official or employee in the performance of his duties with respect to that matter.
(M) “Private Enterprise” shall mean any activity conducted by any person, whether conducted for profit or not for profit, and includes the ownership of real or personal property. Private enterprise does not include any activity of the city, of any political subdivision, or of any agency, authority, or instrumentality thereof.
Sec. 2-10. Prohibitions relating to conflicts of interest.
(A) Restrictions on exercise of official authority.
(1) No city employee or official may participate on behalf of the City in the review or disposition of any matter pending before the City in which he has a personal or private interest, provided, that upon request from any person with official responsibility with respect to the matter, any such person who has such a personal or private interest may nevertheless respond to questions concerning any such matter. A personal or private interest in a matter is an interest which tends to impair a person’s independence of judgment in the performance of his duties with respect to that matter.
(2) A person has an interest which tends to impair his independence of judgment in the performance of his duties with respect to any matter when:
a.Any action or inaction with respect to the matter would result in a financial benefit or detriment to accrue to the person or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons; or
b.The person or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by any action or inaction on a matter to a lesser or greater extent than like enterprises or other interests in the same enterprise.
(3) In any case where a person has a statutory responsibility with respect to action or inaction on any matter where he has a personal or private interest and there is no provision for the delegation of such responsibility to another person, the person may exercise responsibility with respect to such matter, provided that promptly after becoming aware of such conflict of interest, he files a written statement with the Commission fully disclosing the personal or private interest and explaining why it is not possible to delegate responsibility for the matter to another person.
(B) Restrictions on representing another’s interest before the City.
(1) No city employee or official may represent or otherwise assist any private enterprise with respect to any matter before the City.
(2) This subsection shall not preclude any city employee or official from appearing before the City or otherwise assisting any private enterprise with respect to any matter in the exercise of his official duties.
(C) Restriction on contracting with the City
(1) No city employee or official shall benefit from any contract with the City, nor solicit any contract and shall not enter into any contract with the City (other than an employment contract).
(2) No private enterprise in which a city employee or official has a legal or equitable ownership of more than 10% (more than 1% in the case of a corporation whose stock is regularly traded on an established securities market) shall enter into any contract with the City (other than an employment contract) unless such contract was made or let after public notice and competitive bidding.
(D) Post-employment restrictions - No person who has served as a city employee or official shall represent or otherwise assist any private enterprise on any matter involving the City, for a period of two (2) years after termination of his employment or elected or appointed status with the City, if he gave an opinion, conducted an investigation or otherwise was directly and materially responsible for such matter in the course of his official duties as a city employee or official. Nor shall any former city employee or official disclose confidential information gained by reason of his public position nor shall he otherwise use such information for personal gain or benefit.
(E) Unauthorized disclosure of confidential information - No person shall disclose any information required to be maintained confidential by the Commission under Sections 2-11(d), 2-12(b) or 2-15.
(F) Abuse of Office
(1) No elected city official shall agree to sponsor legislation, or to influence in any manner, the formulation or passage of legislation in exchange for political contributions or promises thereof.
(2) No elected city official shall vote for, or promote in any manner whatsoever, legislation affecting any subject matter in which he has a substantial interest. Any such interest shall be disclosed by said elected official prior to a vote on any such legislation, and said elected official shall vote “Abstain” when called upon to vote.
(3) No city official or employee shall request or permit the use of city owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided for the use of such official or employee in the conduct of official business as a matter of municipal policy.
(4) No city official or employee shall utilize the influence of his office or position for personal pecuniary gain, or to avoid the legal consequences of his personal conduct.
(G) Criminal sanctions.
(1) Any person who knowingly or wilfully violates any provision of this section shall be guilty of a misdemeanor, punishable for each such violation by imprisonment of not more than one (1) year and by a fine not to exceed $10,000.
(2) A prosecution for a violation of this section shall be subject to the time limitations of §205 of Title 11 of the Delaware Code.
(H) Contracts voidable by court action - In addition to any other penalty provided by law, any contract entered into by any city agency in violation of this Article shall be voidable by the city agency; provided, that in determining whether any court action should be taken to void such a contract pursuant to this subsection, the city agency shall consider the interests of innocent third parties who may be damaged thereby. Any court action to void any transaction must be initiated within 30 days after the city agency involved has, or should have, knowledge of such violation.
Sec. 2-11. Code of Conduct
(A) Each city employee and official shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is engaging in acts which are in violation of his public trust and which will not reflect unfavorably upon the City and its government.
(B) No city employee or official shall have any interest in any private enterprise nor shall he incur any obligation of any nature which is in substantial conflict with the proper performance of his duties in the public interest. No city employee or official shall accept other employment, any compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following:
(1) Impairment of independence of judgment in the exercise of official duties;
(2) An undertaking to give preferential treatment to any person;
(3) The making of a governmental decision outside official channels; or
(4) Any adverse effect on the confidence of the public in the integrity of the government of the City
(C) No city employee or official shall acquire a financial interest in any private enterprise which he has reason to believe may be directly involved in decisions to be made by him in an official capacity on behalf of the city.
(D) Any city employee or official who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, any city agency (and any city official who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, the city agency on which he serves as an appointee) shall file with the Commission a written statement fully disclosing the same. Such disclosure shall be confidential and the Commission shall not release such disclosed information, except as may be necessary for the enforcement of this chapter. The filing of such disclosure statement shall be a condition of commencing and continuing employment or appointed status with the city.
(E) No city employee or official shall use his public office to secure unwarranted privileges, private advancement or gain.
(F) No city employee or official shall engage in any activity beyond the scope of his public position which might reasonably be expected to require or induce him to disclose confidential information acquired by him by reason of his public position.
(G) No city employee or official shall, beyond the scope of his public position, disclose confidential information gained by reason of his public position nor shall he otherwise use such information for personal gain or benefit.
(H) No city employee or official, in the course of his public responsibilities, shall use the granting of sexual favors as a condition, either explicit or implicit, for an individual’s favorable treatment by that person or a city agency.
Sec. 2-12. Waivers of Restrictions and Advisory Opinions
(A) Notwithstanding the provisions of §2-10 and 2-11 of this Article, upon the written request of any city agency or of any individual who is or was a city employee or city official, the Ethics Commission may grant a waiver to the specific prohibitions contained therein if the Ethics
Commission determines that the literal application of such prohibition in a particular case is not necessary to achieve the public purposes of this Article or would result in an undue hardship on any employee or official. Any such waiver may be granted only by written decision of the Ethics Commission. Any person who acts in good faith reliance upon any such waiver decision shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the waiver decision provided there was a full disclosure to the Ethics Commission of all material facts necessary for the waiver decision.
(B) Any application for a waiver, any proceedings and any decision with respect thereto shall be maintained confidential by the Ethics Commission, provided that:
(1) Public disclosure shall be made by the Commission upon the written request of the applicant;
(2) The Commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this subchapter;
(3) The Commission shall report to appropriate federal, state and/or city authorities substantial evidence of any criminal violation which may come to its attention; and
(4) In the event that a waiver is granted, the waiver decision and the record of all proceedings relating thereto shall be open to public inspection.
(C) Upon the written request of any city employee or official, the Commission may issue an advisory opinion as to the applicability of this Article to any particular fact situation. Any person who acts in good faith reliance upon any such advisory opinion shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the advisory opinion provided there was a full disclosure to the Commission of all material facts necessary for the advisory opinion.
(D) Any application for an advisory opinion, any proceedings and any decision with respect thereto shall be maintained confidential by the Commission provided that:
(1) Public disclosure shall be made by the Commission upon the written request of the applicant;
(2) The Commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this chapter; and
(3) The Commission shall report to appropriate federal, state and/or city authorities substantial evidence of any criminal violation which may come to its attention.
DIVISION 5 - ETHICS COMMISSION
Sec. 2-13. Establishment of Dover Ethics Commission; composition; terms of office; vacancies.
(A) There is hereby established the City of Dover Ethics Commission to administer and implement this Article. The Commission shall consist of five (5) members appointed by the Mayor and confirmed by City Council. No member of the Commission shall hold any elected or appointed office under the government of the United States or the State, County, or City, or be a candidate for any such office. Members of the Commission may be removed by the Mayor, with the concurrence of City Council, for substantial neglect of duty, gross misconduct in office or violation of this Article.
(B) A member of the Commission shall be appointed for a term of office of five (5) years and until his successor has been appointed and has qualified, except that the members first appointed shall be appointed for terms of office of 1, 2, 3, 4, and 5 years, respectively, and until their successors have been appointed. When a vacancy occurs in the membership of the Commission, it shall be filled by appointment for the unexpired portion of the term in the same manner as the original appointments.
(C) The Commission shall elect a chairperson from among its membership. Three (3) members of the Commission shall constitute a quorum and, if a quorum is present, a vacancy on the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission. Disciplinary hearings may be conducted and sanctions may be imposed only by the affirmative action of at least three (3) members. Otherwise, the Commission may delegate authority to the chairperson to act for the Commission between meetings.
(D) Members of the Commission shall receive no compensation.
(E) The City Solicitor shall provide legal counsel to the Commission and shall be the legal representative of the Commission in connection with its duties hereunder, on a case by case basis, or determine that outside counsel is needed and obtain such outside counsel for a particular matter.
Sec. 2-14. Powers and Duties of the Ethics Commission.
The powers and duties of the Ethics Commission shall be:
(A) To recommend to the Mayor and Council from time to time such rules of conduct for public employees and officials as it shall deem appropriate.
(B) To issue written advisory opinions upon the request of any city employee or official as to the applicability of this Article to any particular factual situation.
(C) To refer to the City Solicitor for investigation any alleged violation of this Article and, after notice and hearing, to recommend such disciplinary action as it may deem appropriate to such appropriate official or agency as the Commission shall determine, or to take such other disciplinary action as authorized by §2-15(d) of this Article or other provisions of the City Charter or Code. The Ethics Commission may dismiss, without reference to the City Solicitor, any complaint which the Ethics Commission determines is frivolous or fails to state a violation.
(D) To report to the appropriate federal, state or city authorities any substantial evidence of a violation of any criminal law which may come to its attention in connection with any proceeding whether advisory or disciplinary.
(E) To maintain a file of its proceedings, waiver decisions and advisory opinions with a view toward achieving consistency of opinions and recommendations subject to the confidentiality requirements of §2-12(d) and §2-15(h).