(A) All complaints alleging any violation of the provisions 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 working days from the date of receipt. The Board shall forward within ten working days to each officer or employee of the city or city agency who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) The Board of Ethics may, on its own initiative, determine through an inquiry into informal allegations or information provided directly to the Board, by referral, in the public news media, or otherwise, that a violation of this code may exist and prepare a complaint of its own. The Board of Ethics may also amend a complaint that has been filed with it by adding further allegations, by adding respondents involved in the same conduct, directly or indirectly, by action or inaction or by deleting allegations that would not constitute a violation of this chapter, have been made against persons or entities not covered by this code, or do not appear to be supported by the facts. The Board of Ethics may also consolidate complaints where the allegations are materially related. Amended complaints must be sent to the complainant and respondent by the Board of Ethics.
(C) Within 30 days of the 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 a 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.
(D) The person who is the subject of the complaint (respondent) may file with the Board of Ethics a response to the complaint within 30 days after his or her receipt of the complaint. The response, if any, must be sent to the person filing the original complaint (complainant) by the Board of Ethics within five days after its filing. Within 15 days after receipt, the complainant may also file with the Board of Ethics a response to the respondent’s response, which the Board of Ethics must send to the respondent within five days after its filing.
(E) Extensions of time to any of the time limitations specified in this section may be granted by the Board of Ethics upon a vote of the majority of the members. If no meeting can be held before such time limit runs out, the Chair may extend the limit until the following meeting. The Board of Ethics must give written notice of any extension(s) of time to the respondent and the complainant.
(F) 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:
(a) The Board may turn over to the Commonwealth’s Attorney or County Attorney evidence which may be used in criminal proceedings; and
(b) 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.
(G) The Board shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, 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 officers or employees against whom the complaint was filed.
(H) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Commission shall notify the officer or employee who is the subject of the complaint and may initiate a hearing to determine whether there has been a violation.
(I) If a complaint is accepted or prepared pursuant to division (A) above, the Board of Ethics must conduct an investigation. From this point on, the complainant may not withdraw his or her complaint, although he or she may request that the Board of Ethics either make a finding of no probable cause or no violation.
(J) (1) In conducting an investigation, the Board of Ethics may administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production of any books or records it deems relevant and material. The Police Department and all city agencies, bodies, officials and employees are required to respond fully and truthfully to all enquiries and cooperate with all requests of the Board of Ethics or its agents relating to an investigation. It is a violation of this code for any official or employee to deny access to information requested by the Board of Ethics in the course of an investigation or a public hearing, except to the extent that such denial is required by federal, state or local law.
(2) Nothing in this section may be construed to permit the Board of Ethics to conduct an investigation of itself or of any of its members or staff. If the Board of Ethics receives a complaint alleging that the Board of Ethics or any of its members or staff has violated any provision of this code, or any other law, the Board of Ethics must promptly transmit to the legislative body a copy of the complaint.
(K) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Board shall notify the officer or employee 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 officer or employee, lack of economic loss to the city and its taxpayers or lack of significant impact on public confidence in city government, issue a written or verbal reprimand to the officer or employee concerning the alleged violation. If a written reprimand is issued, a copy shall be provided to the executive authority and governing body of the city or city agency. If a verbal reprimand is issued, a written record of the verbal reprimand shall be provided to the executive authority and governing body of the city or city agency; or
(2) Initiate a hearing to determine whether there has been a violation.
(L) Any person who knowingly files with the Board a false complaint alleging a violation of any provision of this chapter by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor.
(1984 Code, § 36.46) (Ord. O-51-94, passed 12-29-1994; Ord. O-08-18, passed 1-30-2018)