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§ 35.45 MEMBERSHIP; COMPENSATION.
   (A)   Membership. The County Ethics Commission shall consist of seven members; not more than one member may be a public official. The Commission member selected as Chairperson shall be a citizen member.
   (B)   Compensation. Members shall receive no compensation but may be reimbursed all necessary expenses.
(Prior Code, § 25.400) (Ord. 94-9, passed 11-9-1994)
§ 35.46 TERM; APPOINTMENT.
   (A)   Term. Terms of the members shall be staggered, but no member shall serve longer than four years on this Commission.
   (B)   Appointment.
      (1)   Members shall be appointed by the County Judge/Executive with the approval of the Fiscal Court.
      (2)   All appointments shall be made no later than 60 days after the adoption of this subchapter.
(Prior Code, § 25.401) (Ord. 94-9, passed 11-9-1994)
§ 35.47 VACANCIES.
   (A)   Vacancies on the County Ethics Commission shall be filled within 60 days by the County Judge/Executive subject to the approval of the Fiscal Court.
   (B)   If a vacancy is not filled by the County Judge/Executive within 60 days, the remaining members of the County Ethics Commission shall fill the vacancy.
   (C)   All vacancies shall be filled for the remainder of the unexpired term.
(Prior Code, § 25.402) (Ord. 94-9, passed 11-9-1994)
§ 35.48 POWERS; DUTIES.
   (A)   The Commission shall have jurisdiction over the administration of this code.
   (B)   The Commission may receive complaints; initiate investigations on its own motion; and conduct investigations, inquiries, and hearings concerning any matter covered by this code.
   (C)   The Commission may render advisory opinions whether or not a given set of facts and circumstances constitute a violation of any provision of this code.
   (D)   The Commission shall prescribe and provide forms for reports, statements, notices, and other documents required by this code.
   (E)   The Commission shall determine whether the required statements and reports have been filed and, if filed, whether they conform with the requirements of this code. The Commission shall promptly give notice to the filer to correct or explain any omission or deficiency.
   (F)   The Commission may retain private counsel at the expense of the county if the County Attorney has an actual or potential conflict. Any counsel must be preapproved by the Fiscal Court.
(Prior Code, § 25.403) (Ord. 94-9, passed 11-9-1994)
§ 35.49 COMPLAINT PROCEDURE; PRELIMINARY INVESTIGATIONS.
   (A)   (1)   Upon a complaint signed under penalty of perjury by any person, or upon its own motion, the Commission shall investigate any alleged violation of this code.
      (2)   No later than ten days after the Commission receives the complaint, the Commission shall initiate a preliminary inquiry into any alleged violation of this code.
      (3)   Within 30 days of the commencement of the inquiry, the Commission shall forward a copy of the complaint and a general statement of the applicable law to the person alleged to have committed a violation.
   (B)   All Commission proceedings and records relating to a preliminary investigation shall be confidential until a final determination is made by the Commission, except the Commission may turnover to the Commonwealth’s Attorney or County Attorney of the jurisdiction in which the offense allegedly occurred, evidence which may be used in criminal proceedings.
   (C)   The complainant or alleged violator shall not publicly disclose the existence of a preliminary investigation. The Commission shall not publicly confirm the existence of the inquiry nor make public any documents which were issued to either party.
   (D)   The Commission shall afford a person who is the subject of a preliminary investigation 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, and to offer evidence in response to the allegations in the complaint.
   (E)   Any person who knowingly files with the Commission a false complaint of misconduct on the part of any elected or appointed official or other person shall be guilty of a Class A misdemeanor.
(Prior Code, § 25.404) (Ord. 94-9, passed 11-9-1994)
§ 35.50 ACTION BY COMMISSION.
   If the Commission concludes in its report that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this code, the Commission may:
   (A)   Issue an order requiring the violator to cease and desist the violation;
   (B)   In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the executive authority and governing body (if different than the executive authority) of the county or county agency with which the violator serves;
   (C)   In writing, recommend to the executive authority and the governing body (if different than the executive authority) that the violator be sanctioned as recommended by the Commission which may include a recommendation for discipline or dismissal;
   (D)   Issue an order requiring the violator to pay a civil penalty of not more than $1,000; or
   (E)   Refer evidence of criminal violations of this code or state laws to the County Attorney or Commonwealth’s Attorney of the jurisdiction for prosecution.
(Prior Code, § 25.405) (Ord. 94-9, passed 11-9-1994)
§ 35.51 APPEALS.
   Any person found by the Commission to have committed a violation of this code may appeal the action to the County Circuit Court. The appeal shall be initiated within 30 days after the date of the final action of the Commission by filing a petition with the Court against the Commission. The Commission shall transmit to the Clerk of the Court all evidence by the Commission at the public hearing. The Court shall hear the appeal upon the record as certified by the Commission.
(Prior Code, § 25.406) (Ord. 94-9, passed 11-9-1994)
§ 35.99 PENALTY.
   Candidates and nominees who fail to comply with the filing requirements pursuant to § 35.18 shall be fined $50 for each day they are in non-compliance.
(Prior Code, § 25.999)