YUMA TRANSPARENCY CLUB · DISCUSSION PROPOSAL
Clear rules for public service. Independent review of ethics complaints.
The proposal would change Yuma’s City Charter to restrict private pay connected to City business and establish a seven-member Ethics Commission. This is a proposal, not an adopted law.
WHAT WOULD CHANGE
While serving, the mayor and council could not request or accept private pay for services connected to City contracts, projects, grants, property deals, or other uses of City money, authority, or services. Business ownership would remain allowed.
Consulting fees, commissions, gifts, jobs, and promises of future work would count. Payments through businesses or other people, or delayed payments, could also be covered. Disclosing a conflict, stepping out of a vote, or competitive bidding would not make prohibited payments acceptable.
Officials could not use their public position, City staff, or confidential information for private gain. Normal City pay, benefits offered equally to everyone, and lawful documented expense repayments would be excluded.
Covered employees could not receive private pay tied to matters they handle, oversee, or hold important confidential information about. Unrelated side jobs would remain allowed.
The proposal also includes a two-year restriction after leaving City service on paid work for others concerning particular City matters the person helped handle, oversaw, or learned important confidential information about. Unrelated work would remain allowed.
INDEPENDENT OVERSIGHT
The proposed commission would review signed ethics complaints, investigate matters within its authority, and publish final findings. City leaders could not direct its complaint or investigation decisions.
Seven Yuma residents eligible to vote in City elections. Four would need relevant experience, such as law, accounting, or investigations. Three would not need a special professional credential.
Members would face restrictions on City employment, lobbying, and City contracts. They would disclose their own conflicts and stay out of those cases.
Two-year terms, with no more than two full terms in a row. Temporary service would not count toward that limit. The discussion draft calls for staggered terms, but still needs to explain how those terms would fit the election schedule.
The commission would review signed complaints and could hire independent lawyers and investigators. Complaints outside its authority or without specific facts would be dismissed.
The accused person would receive notice, access to evidence as allowed by law, and a fair hearing, and could hire a lawyer. Final findings would be public, with court review as allowed by law. A complaint alone does not establish wrongdoing. Retaliation for good-faith complaints or truthful information would be prohibited.
After notice and a hearing, the commission could impose civil fines if legally authorized. The proposed maximum is $5,000 per knowing violation or three times the unlawful financial benefit, whichever is higher.
Other proposed measures include lawful repayment, public reprimands, recommendations for employee discipline, and referrals to other authorities. The commission could not itself remove the mayor or a council member from office.
The proposal calls for at least $100,000 a year from the City. This is a minimum rather than a spending cap. It would adjust for inflation starting in the second full fiscal year and could not fall below $100,000.
Members would receive $300 for each month in which they attend at least one properly noticed meeting, plus lawful documented expenses. Funding could cover lawyers, investigators, staff, and commission work. An annual report would disclose its work and spending, and public accounting and audit rules would apply.
Under the proposal, current officials and employees would have 30 days after it takes effect to leave prohibited arrangements. The rules would apply going forward. The temporary commission would be formed within 30 days of the effective date.
JOIN THE DISCUSSION
Share questions, feedback, or your interest in participating with the Yuma Transparency Club.