(A) (1) All complaints alleging any violation of the provisions of this chapter shall be submitted to the Board of Ethics, or the administrative official designated by the Board of Ethics.
(2) All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Board of Ethics.
(3) The Board shall forward within ten working days to each officer or employee of the city or city agency who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) (1) Within 30 days of the receipt of a proper complaint, the Board of Ethics shall conduct a preliminary inquiry concerning the allegations contained in the complaint.
(2) The Board shall afford a person who is the subject of the complaint an opportunity to respond to the allegations in the complaint.
(C) All proceedings and records relating to a preliminary inquiry being conducted by the Board of Ethics shall be confidential until a final determination is made by the Board, except the following.
(1) The Board may turn over to the Commonwealth Attorney or County Attorney evidence which may be used in criminal proceedings.
(2) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Board may publicly confirm the existence of the inquiry, and, at its discretion, make public any documents which were issued to either party.
(D) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Board shall notify the officer or employee who is the subject of the complaint and may:
(1) Due to mitigating circumstances, issue a written confidential reprimand to the officer or employee concerning the alleged violation and provide a copy of the confidential reprimand to the Mayor and City Council or governing body of the city agency; or
(2) Initiate a hearing to determine whether there has been a violation.
(Ord. 4, passed 12-19-1994) Penalty, see § 32.999