(a) The Board of Ethics shall receive complaints against persons subject to this chapter concerning conduct alleged to be in violation of any provision of the Ohio Constitution, Ohio statutory law, the City Charter or ordinance of the City which establishes ethical standards for or otherwise regulates the conduct of such persons. All complaints shall be filed by affidavit made on personal knowledge, subject to the penalties of perjury. The Board shall investigate complaints and charges presented to it.
(b) If the Board finds that a complaint is not frivolous, and that the facts alleged in a complaint, if true, would constitute a violation of any of the provisions enumerated in this chapter, it shall hold a hearing to determine whether there is reasonable cause to believe that the facts alleged in the complaint are true. If the Board does not so find, it shall dismiss the complaint.
(c) The person against whom the complaint is directed shall be given not less than ten days notice of the date, time and place of the hearing, a statement of the charges and the law directly involved, and shall be given the opportunity to be represented by counsel, to examine the evidence against him, to produce evidence and to call and subpoena witnesses, to confront his accuser, and to cross-examine witnesses. The Board shall have a stenographic record made of the hearing. The hearing shall be open to the public except as otherwise provided by law.
(d) If upon the basis of such hearing, the Board finds, based upon a preponderance of the evidence, that the facts alleged in the complaint are true and constitute a violation of any provision of the Ohio Constitution, Ohio statutory law, the City Charter or ordinance of the City which establishes ethical standards for or otherwise regulates the conduct of persons subject to the provisions of this chapter, it shall report its findings by written report to the Mayor, each member of Council and to the accused person.
(e) If the Board does not find based upon a preponderance of the evidence that the facts alleged in the complaint are true and constitute any of the aforementioned violations, it shall dismiss the complaint and make the report of that finding public.
(f) The Board, or a member of the Board, may administer oaths, and the Board may issue subpoenas to any person within the State compelling the attendance of witnesses, and the production of relevant papers, books, accounts, and records. The Board shall issue any such subpoena upon request of the accuser or the accused. The provisions of Ohio R.C. 705.21, insofar as applicable, shall govern the issuance of such subpoenas. Upon refusal of any person to obey a subpoena or to be sworn or to answer as a witness, the Board may apply Ohio R.C. 705.21 to enforce compliance. The Board or the accused person may take depositions of witnesses within or without the state in the same manner as prescribed by law for the taking of depositions in civil actions.
(g) The Board shall schedule a hearing within ninety days after a complaint is filed if the Board determines that the facts alleged in a complaint, if true, would constitute a violation of any of the provisions of this chapter. The complaint shall be disposed of within ninety days after it has been heard.
(h) All papers, records, affidavits and documents upon any complaint, inquiry or investigation relating to the proceedings of the Board shall be open to the public, except as otherwise provided by law.
(i) Any complaint regarding a member of Council concerning an alleged violation of this chapter may, at the option of the accuser, be filed with the Clerk of Council. Should such a complaint be so filed, the President of Council or the Presiding Officer shall appoint a special select committee to investigate the complaint, conduct a hearing, and make findings as required of the Board with the same powers and duties as the Board.
(Ord. 91-13. Passed 5-6-91.)