(a) Filing a complaint. Any person may file a complaint with the inspector general on a form provided by the inspector general, if the complainant, either at the time the alleged violation of this chapter occurred or at the time the complaint is submitted, is a resident of the city, a person doing business or attempting to do business with the city, or a city official or employee, and the complainant believes there has been a violation of this chapter. The inspector general will receive and investigate all complaints. To the greatest extent possible, the complaint should contain the following information and items:
(1) The name, address, email address, and telephone number of the complainant.
(2) The name, address (if known), email address (if known), and telephone number (if known) of each person who allegedly committed the violation (the respondent(s)).
(3) A statement of the facts on which the complaint is based, including the exact date or dates of the alleged violation.
(4) Identification of the ethics laws, ordinances, and rules allegedly violated, using either a citation to the applicable section or a description containing substantially the same language as the ethics laws, ordinances, and rules (if known).
(5) Copies of the documents or other evidence, if any, referenced in the complaint or in the complainant's possession that support the complaint attached to the complaint. If a complainant submits evidence in an electronic, mechanical, or other format that the inspector general cannot duplicate or display, the inspector general shall request that the complainant provide the evidence in a format that the office can duplicate or display.
(6) The names, addresses, email addresses, and telephone numbers (if known) of witnesses, if any, that can offer testimony in support of the complaint.
(7) Other sources of evidence, if any, that the complainant recommends should be considered by the inspector general.
(8) An affidavit in which the complainant swears or affirms, under the penalty of perjury, that:
(A) the complaint states a violation of this chapter;
(B) the complaint is not being presented for any improper purpose, such as to harass, cause unnecessary delays, or needlessly increase the cost of defense to the person charged in the complaint; and
(C) either:
(i) all information submitted in and with the complaint is true and correct; or
(ii) to the best of the complainant's knowledge, the factual contentions in the complaint are supported by credible evidence submitted in and with the complaint.
(b) Investigations and findings by the inspector general.
(1) Investigations. The inspector general shall initiate an investigation to determine if a credible allegation exists to move the complaint to the ethics advisory commission for an evidentiary hearing. During the investigation, the inspector general may interview witnesses and gather and inspect documents and other evidence relevant to the allegations.
(2) Dismissals. The inspector general shall dismiss complaints where the evidence does not substantiate a credible allegation.
(3) Recommendations of settlement agreements.
(A) Except as provided in this paragraph, if a settlement agreement is reached between the inspector general and the respondent, the inspector general's report shall include a recommendation that the complaint be settled according to the terms negotiated with and approved by the respondent. The settlement agreement must include the agreed-upon final sanction, if any. The inspector general shall brief the ethics advisory commission on the settlement agreement at the commission's next regular meeting. The ethics advisory commission may reject or modify the settlement agreement by a 3/4 vote of the commission or approve the settlement agreement by a simple majority vote at the commission's next regular meeting. If the settlement is not modified or rejected at the commission's next regular meeting, the settlement is deemed approved. If the settlement agreement is rejected by the ethics advisory commission or modified in a way not approved by the respondent, the information shall be scheduled for an evidentiary hearing in accordance with Paragraph (4).
(B) This paragraph does not apply to current city employees as the disciplinary process is governed by personnel rules, regulations, and procedures.
(4) Prosecution. If the inspector general finds that there exists a credible allegation that a violation occurred and a settlement agreement has not been reached, the inspector general shall file an information with the ethics advisory commission. Once the commission receives the information, the city secretary's office shall select a panel of the commission and schedule the evidentiary hearing. The inspector general shall prosecute the complaint before the panel in accordance with Section 12A-53
.
(c) Notification to respondent. Once the inspector general completes an investigation and finds that the complaint is substantiated, the inspector general shall promptly forward a copy of the complaint to the respondent. The inspector general shall notify the respondent of the opportunity to attend a settlement conference.
(d) Confidentiality of complaints and investigations.
(1) No city official or employee shall reveal information relating to a complaint or investigation until it has been made public by the inspector general, except as required for the performance of official duties or as required by law.
(2) Ex parte communications by or to members of the ethics advisory commission are prohibited by Section 12A-53
(b) of this chapter.
(3) All papers and communications relating to a complaint or investigation are confidential unless required to be made public under the Public Information Act (Chapter 552, Texas Government Code) or other applicable law.
(e) Compliance with investigations. City officials and employees shall cooperate with inspector general investigations.
(f) False accusations and responses. The inspector general shall, in writing, advise all witnesses interviewed during an ethics investigation that falsely accusing someone of a violation of this chapter may result in criminal prosecution of anyone who knowingly makes a false accusation. The inspector general shall, in writing, advise the person charged in the complaint that falsely responding to a complaint may result in criminal prosecution of anyone who knowingly makes a false response. (Ord. Nos. 24316; 25236; 29660; 29770; 30391
; 32072
; 32472
)