(a) Preliminary Hearing. If the Board finds that a complaint is not frivolous, and that the facts alleged in a complaint constitute a violation of any of the provisions enumerated in Section 198.01
, it shall hold a hearing to determine whether there is reasonable cause to believe that the facts alleged in the complaint are true.
If the Board does not so find, it shall dismiss the complaint.
(b) Rights of the Accused. The person against whom the complaint is directed shall be given reasonable notice by certified mail of the date, time and place of the hearing, a statement of the charges and the law directly involved, and shall be given the opportunity to be represented by counsel, to have counsel appointed for him if he is unable to afford counsel without undue hardship, to examine the evidence against him, to produce evidence and to call and subpoena witnesses in his defense, to confront his accuser, and to cross-examine witnesses. The Board shall have a stenographic record made of the hearing. The hearing shall be closed to the public unless the person against whom the complaint is directed requests a public hearing.
(c) Findings. If upon the basis of such hearing, the Board finds, based on a preponderance of the evidence, that the facts alleged in the complaint are true and constitute a violation of any provisions of the City Charter or any law or ordinance which establishes ethical standards for or otherwise regulates the conduct of persons subject to Chapter 197
, it shall report its findings by written report to the Mayor and each member of Council.
If the Board does not find based upon a preponderance of the evidence that the facts alleged in the complaint are true and constitute any of the aforementioned violations, or if the Board has not scheduled a hearing within sixty days after the complaint is filed, or has not finally disposed of the complaint within ninety days after it has been heard, it shall dismiss the complaint and, upon the request of the accused person, make public report of that finding, but in such case all evidence and the record of the hearing shall remain confidential unless the accused person also requests that the evidence and record be made public. Upon request by the accused person, the Board shall make the evidence and the record available for public inspection.
(Ord. 1975-131. Passed 12-1-75.)