(A) All complaints alleging any violation of the provisions of this subchapter 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, employee, appointee, or volunteer of the city or city agency who is the subject of the complaint a copy of this complaint and the applicable provisions of this subchapter.
(B) 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.
(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 the Board may turn over to the State's Attorney or County Attorney evidence which may be used in criminal proceedings.
(D) Within 45 days of the receipt of a proper complaint, 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 subchapter. 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.
(E) 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, employee, appointee, or volunteer 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
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(F) After the conclusion of the hearing, the Board of Ethics shall, as soon as practicable, begin deliberations in executive session for the purpose of reviewing the evidence before it and making a determination whether a violation of this subchapter has been proven. Within 30 days after the completion of the hearing, the Board shall issue a written report of its findings and conclusions.
(1) If the Board concludes in its report that no violation of this subchapter has occurred, it shall immediately send written notice of this determination to the officer or employee who was the subject of the complaint and to the party who filed the complaint.
(2) If the Board concludes in its report that in consideration of the evidence produced at the hearing there is proof beyond a reasonable doubt of a violation of this subchapter, the Board 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 Mayor, the City Council, and the governing body of the city agency with which the violator serves;
(c) In writing, recommend to the Mayor and the City Council that the violator be sanctioned as recommended by the Board, which may include a recommendation for discipline, or removal from office;
(d) Issue an order requiring the violator to pay a civil penalty of not more than $1,000; and/or
(e) Refer evidence of criminal violations of this subchapter or state laws to the County Attorney or State's Attorney of the jurisdiction for prosecution.
(G) Any person who is found guilty of a violation of any provision of this subchapter by the Board of Ethics may appeal the finding to the County Circuit Court within 30 days after the date of the final action by the Board of Ethics by filing a petition with the Court against the Board. The Board shall transmit to the Clerk of the Court all evidence considered by the Board at the public hearing.
(H) Except when the period of limitation is otherwise established by state law, an action for a violation of this subchapter must be brought within one year after the violation is discovered.
(Ord. passed 12-13-1994) Penalty, see § 31.99