(A) All complaints alleging any violation of the provisions of this chapter shall be submitted to the Enforcement Agent, or the administrative officer designated by the Enforcement Agent. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Enforcement Agent. The Enforcement Agent shall acknowledge receipt of a complaint to the complainant within ten working days from the date of receipt. The Agent shall forward within ten working days to each officer or employee of the city who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) Within 30 days of the receipt of a proper complaint, the Enforcement Agent shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Agent shall afford a person who is the subject of the complaint an opportunity to respond to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations.
(C) All proceedings and records relating to a preliminary inquiry being conducted by the Enforcement Agent shall be confidential until a final determination is made by the Agent, except:
(1) The Agent may turn over to the Commonwealth Attorney or County Attorney evidence which may be used in criminal proceedings; and
(2) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Agent may publicly confirm the existence of the inquiry, and, at its discretion, make public any documents which were issued to either party.
(D) The Agent shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Agent concludes that the complaint is outside of its jurisdiction, frivolous, or without factual basis, the Agent shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the Agent 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 Agent shall notify the officer or employee who is the subject of the complaint and may:
(1) Due to mitigating circumstances such as, lack of significant economic advantage or gain by the officer or employee, lack of economic loss to the city and its taxpayers, or lack of significant impact on public confidence in city government issue, in writing, a confidential reprimand to the officer or employee concerning the alleged violation and provide a copy of the confidential reprimand to the Mayor and City Commission; and
(2) Initiate a hearing to determine whether there has been a violation.
(Prior Code, § 37.63) (Ord. 5-1994, passed 12-8-1994) Penalty, see § 37.999