(A) Written complaints against a county government officer, a county government employee, a county government agent or a candidate for a county government office which allege violations of this chapter may be filed by any person with the Ethics Commission and must he filed within one year of the time of the occurrence which is the subject of the complaint, or within one year of the date the occurrence was discovered or should have been discovered in the exercise of reasonable care. No unsworn complaint shall be considered by the Ethics Commission.
(B) The complaint shall be filed on a form provided by the Ethics Commission and shall contain the complaining party's name, address and contact information including telephone number, and fax number or e-mail address, if the complaining party has such contact availability. The complaint shall be made under oath and signed by the complaining party before a person who is legally empowered to administer oaths.
(C) The complaint shall contain the complaining party's sworn statement as to any known facts, details, or circumstances that support the allegation of a violation, including all acts or omissions committed by the county government officer, county government employee, county government agent or candidate for county government office.
(D) The complaining party shall file with the Ethics Commission all documents, recordings, pictures and other information which support the basis for the alleged violation.
(E) The complaining party shall provide the names and addresses of all individuals which the complaining party believes have information to support the allegation of a violation with a summary of what information the complaining party believes each named individual has to support the alleged violation.
(F) Failure of the complaining party to comply with divisions (A) - (E) above may result in dismissal of the complaint with prejudice or dismissal of individual allegations contained in the complaint. The Ethics Commission may for cause shown allow for an amendment or supplemental filing by the complaining party, grant additional time for response by the subject of the complaint, prohibit the introduction of undisclosed information, or other such order as may be just under the circumstances.
(G) The Ethics Commission may amend a complaint by deleting allegations that do not constitute a violation of this chapter or by deleting allegations against persons or entities not covered by this chapter. The Ethics Commission may amend a complaint to include additional documents, witnesses, or materials that support the allegation or violation. The Ethics Commission may amend the complaint to state an allegation of a violation that is apparent from the complaint or amendments to the complaint.
(H) Any county government officer, county government employee, county government agent or candidate for county government office who is the subject of a complaint filed with the Ethics Commission shall be afforded due process by the Ethics Commission including, but not limited to the following:
(1) The Ethics Commission shall serve the complaint on the county government officer, county government employee, county government agent or candidate for county government office who is the subject of the complaint in a manner proscribed by the Kentucky Rules of Civil Procedure for service of process;
(2) A person against whom a complaint has been filed may file with the Ethics Commission a written response within 20 days of being served with the complaint;
(3) Within a reasonable time the Ethics Commission shall conduct a due process hearing into the allegations contained in the complaint and the person against whom a complaint has been filed shall have the right to legal counsel in all proceedings before the Ethics Commission at their own expense. The Ethics Commission shall record such hearing. The hearing shall not be open to the public unless so requested by person who is the subject of the complaint;
(4) A person who is the subject of any proceedings before the Ethics Commission shall be given not less than ten days notice of the date, time, and place of the due process hearing;
(5) The complainant shall be given not less than ten days before the scheduled hearing to appear at the time and place of the hearing. If the Ethics Commission does not find that extraordinary circumstances exist to justify the complaining party's absence, such complaint may be dismissed;
(6) Any person against whom a complaint has been filed, shall be permitted to present at any such due process hearing before the Ethics Commission, any witnesses or any electronic or documentary evidence, subject only to reasonable standards of relevance and materiality, and may examine or cross-examine all witnesses called to testify at such a proceeding;
(7) Evidence presented at any proceeding before the Ethics Commission including witnesses and electronic or documentary evidence, shall be subject to reasonable standards of relevance and materiality; and
(8) All persons testifying in any proceeding before the Ethics Commission shall first be placed under oath.
(I) Within 60 days after any due process hearing, the Ethics Commission shall issue written findings of fact and a decision. Any determination that a violation has been committed shall be based upon clear and convincing evidence. The findings of fact and decision shall be served by regular U.S. mail upon the person who is the subject of the complaint and also served by regular U.S. mail upon the complainant.
(Ord. 2015-15, passed 10-6-15)