(A) All complaints alleging any violation of this chapter shall be submitted to the Board of Ethics, or the administrative official designated by the Board of Ethics. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Board of Ethics. The Board of Ethics shall acknowledge receipt of a complaint to the complainant within ten (10) working days from the date of receipt. The Board shall forward within ten (10) working days to each public servant of the applicable applicant who is the subject of the complaint, a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) Within thirty (30) days after receipt of a proper complaint, the Board of Ethics shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Board shall afford the person who is the subject of the complaint 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 under oath, and to offer evidence in response to the allegations.
(C) All proceedings and records relating to a preliminary inquiry being conducted by the Board of Ethics shall be confidential until a final determination is made by the Board except:
(1) The Board may turn over to the Commonwealth's Attorney or county attorney evidence which may be used in criminal proceedings.
(2) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the board may publicly confirm the existence of the inquiry, and, at its discretion, make public any documents which were issued to either party.
(D) The Board shall make a determination based on its preliminary inquiry whether the complaint is (1) within its jurisdiction; and, if so, (2) whether it alleges a minimal factual basis to constitute a violation of this chapter. If the board concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the board shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the complainant and to all elected officials, officers or employees against whom the complaint was filed.
(E) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is (1) within its jurisdiction and (2) contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Board shall notify the public servant who is the subject of the complaint and may:
(1) Due to mitigating circumstances such as, lack of significant economic advantage or gain by the public servant, lack of economic loss to the applicable participant and its taxpayers, or lack of significant impact on public confidence in government matters, issue, in writing, an informal reprimand to the public servant concerning the alleged violation and provide a copy of the informal reprimand to the applicable legislative body; or
(2) Initiate a hearing to determine whether there has been a violation.
(F) Any person who files a complaint with the board alleging a violation of any provision of this chapter by a public servant knowing at the time that the allegations are false shall be guilty of a Class A misdemeanor.
(Ord. 94-6, passed 12-15-94)