6.1 A complaint may be filed by any person. Any complaint alleging a violation of the Ordinance shall be filed by mailing or hand-delivery of the written complaint to the Commission on the form designated by the Commission, Exhibit B.
6.2 An Appointing Authority under the ordinance may request an opinion concerning whether an act by a County Officer constitutes a violation of the ordinance. Such a request shall be filed by mailing or hand-delivery of the written request to the Commission on the form designated by the Commission, Appendix B. All such requests shall comply with and be governed by the provisions of Sections 6 and 7 of these regulations.
6.3 A complaint shall be signed by the Complainant under oath and shall state the Complainant's full name and address, the name of the person alleged to have violated the Ordinance, and a detailed description of the facts which form the basis of the complaint, along with any documentary or other evidence supporting the Complaint.
6.4 The Commission shall dismiss without hearing any complaints that appear to be frivolous on their face, not reasonably comprehensible, filed principally for the purpose of harassment, or which pertain to a person not within the definition of persons against whom the Ordinance may be enforced. The Complainant shall be informed in writing in all cases of the action taken by the Commission on each complaint.
6.5 Within ten (10) days following the receipt of a complaint, the Commission shall forward a copy of the complaint to the person alleged to have violated the Ordinance.
6.6 The County Officer, to whom the complaint is directed, shall be given no less than twenty (20) days of receipt of the complaint, to respond to the complaint or an amendment thereto.
6.7 The Commission may commence an independent investigation into the facts alleged in the complaint using such available investigative resources as it may consider appropriate. Upon a determination to conduct an investigation, the Commission shall designate Investigating Officer(s). Such officer(s) may be members of the Commission.
6.8 After receipt by the Commission of the response and such other information it may have received pertaining to the matter, it will meet and consider the complaint, response and other information. The Commission may continue its investigation; determine whether the facts alleged constitute a violation of the Ordinance; or determine whether a Hearing should be held concerning the allegations in the complaint.
6.9 If the Commission determines that a Hearing should be held concerning the allegations stated in the complaint, it will issue a Notice of Hearing to the County Officer alleged to have violated the Ordinance and to the Complainant. The Notice of Hearing shall identify the time and place of the hearing which shall not commence less than ten (10) days following the date of the Notice of Hearing.
6.10 If the person alleged to have violated the Ordinance refuses, based on the right against self-incrimination or any other basis, to file a response or to testify at a hearing, the Commission shall proceed with its consideration and/or hearing.
(Ord. 556, passed 3-17-2015)