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Editor’s note:
This division was formerly codified as Division 3 of this article and derived from Ord. 10617, § 1(3). It was renumbered as this Division 4 and amended in its entirety by Ord. 20548-12-2012, § 1, adopted December 18, 2012. That ordinance also renumbered former Division 4, “Financial Disclosure by Officers and Candidates,” as current Division 5 of this article.
(a) Filing. Any resident or nonresident owner of taxable real property within the corporate limits of the city who believes that there has been a violation of Division 1 of this article may file a sworn complaint with the city secretary’s office. The complaint must be filed within two years after the alleged violation occurred. For purposes of this provision, a complaint shall be considered filed when it has been accepted by the city secretary as complete as to form in accordance with subsection (c) below. If a complaint is dismissed by the ERC but permitted to be re-filed in accordance with this Division, the re-filed complaint shall be deemed to have been filed on the date that the initial complaint was accepted by the city secretary. A complaint must be in writing and contain the following information:
(1) The name, street or mailing address and telephone number of the complainant;
(2) The name and position or title of the person complained about;
(3) The date and nature of the alleged violation and the specific provision of Division 1 of this article alleged to have been violated;
(4) A statement of the facts on which the complaint is based and the date(s) on which the violation occurred;
(5) The sources of evidence or information that are relevant to the complaint, including, if possible, copies of all relevant documents or materials that are available to the complainant.
(b) Sworn nature. A complaint must be accompanied by an affidavit stating that the complaint is true and correct or that the complainant has good reason to believe and does believe that the facts alleged constitute a violation of Division 1 of this article. The complainant shall swear to the facts by oath before a notary public or other person authorized by law to administer oaths under penalty of perjury.
(c) Acceptance by the city secretary. If a complaint does not substantially comply with the filing requirements set forth in subsection (a) above or does not comply with the requirements of subsection (b) above, the city secretary shall by certified mail, return receipt requested, return the complaint to the complainant with a letter stating the defects in the complaint. If a complaint substantially complies with the filing requirements set forth in subsection (a) above and complies with the requirements of subsection (b) above, the city secretary shall acknowledge to the complainant that the complaint is complete as to form and provide a copy of the complaint to the city attorney, ERC and the person complained against.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
(a) Counsel for the person complained against. If requested by the person complained against, the city council shall provide legal counsel selected by the person complained against to represent the person complained against, provided that fee arrangements with any such independent outside legal counsel must first be approved by the city council.
(b) Counsel for the ERC. If requested by the ERC, the city council shall provide outside legal counsel selected by the ERC to represent the ERC, provided that fee arrangements with any such independent outside legal counsel must be first be approved by the city council.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
(a) Objectivity. Members of the ERC are subject to this article. Members of the ERC shall maintain objectivity in discharging their duties. If any member of the ERC has any reason to believe that he or she cannot be impartial and intellectually honest in the discharge of the duties of the ERC, such member shall disclose the facts and circumstances of that belief and shall not vote or otherwise participate in consideration of the matter.
(b) Prohibition of ex parte communications. After a complaint has been filed and during the pendency of a complaint before the ERC, a member of the ERC may not communicate directly or indirectly with any party or person about any issue of law or fact regarding the complaint except at a meeting of the ERC. However, nothing in this section shall prohibit communications between members of the ERC and the ERC’s attorney, or between members of the ERC concerning whether to call a hearing.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
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