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(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)
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)
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)
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)