(A) All complaints alleging any violation of the provisions of this code shall be submitted to the Board. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Board, The Board 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 person who is the subject of the complaint, a copy of the complaint and a general statement of the applicable provisions of this code.
(B) Within 30 days of the receipt of a proper complaint, the Board 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.
(C) All proceedings and records relating to a preliminary inquiry being conducted by the Board shall be confidential, to the extent allowable by the Kentucky Open Meeting and Records Acts, until a final determination is made by the Board, except that the Board may turn over to the Commonwealth Attorney or County Attorney evidence which may be used in criminal proceedings.
(D) 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 code. If the Board concludes that the complaint is outside of its jurisdiction, or is 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 persons against whom the complaint was filed.
(E) (1) If the Board concludes, based ipon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a probable cause that a violation exists, the Board shall notify the person who is the subject of the complaint and may initiate a hearing to determine whether there has been a violation. Should the Board determine mitigating circumstance exists, such as lack of:
(a) Significant economic advantage or gain by the officer or employee;
(b) Economic loss to the city or county and its taxpayers; or
(b) Significant impact on public confidence in city or county government issue.
(2) The Board may issue in writing a confidential reprimand to the person and provide a copy to the governing body of the city or county.
(F) Any person who knowingly files with the Board a false complaint alleging a violation of any provisions of this code by any person shall be guilty of a Class B misdemeanor, pursuant to KRS 523.040.
(Ord. C.3, passed 12-28-1994; Ord. 6-2016, passed 7-19-2016)