(A) All complaints alleging any violation of the provisions of this article shall be submitted to the Ethics Enforcement Officer or the administrative official designated by the Ethics Enforcement Officer. All complaints shall be in writing, signed by the complainant and shall meet any other requirements established by the Ethics Enforcement Officer. The Ethics Enforcement Officer shall acknowledge receipt of a complaint to the complainant within ten working days from the date of receipt. The Ethics Enforcement Officer shall forward within ten working days, to each officer or employee of the city or city agency who is the subject of the complainant, a copy of the complaint and a general statement of the applicable provisions of this article.
(B) Within 30 days of the receipt of a proper complaint, the Ethics Enforcement Officer shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Ethics Enforcement Officer 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 Ethics Enforcement Officer shall be confidential until a final determination is made by the Ethics Enforcement Officer, except:
(1) The Ethics Enforcement Officer may turn over to the Commonwealth’s Attorney or County Attorney evidence which may be used in criminal proceedings; and
(2) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Ethics Enforcement Officer may publicly confirm the existence of the inquiry, and shall not reveal any information concerning the complaint.
(D) The Ethics Enforcement Officer shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimum factual basis to constitute a violation of this article. If the Ethics Enforcement Officer concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the Ethics Enforcement Officer 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 Ethics Enforcement Officer concludes, based on the preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Ethics Enforcement Officer shall notify the officer or employee 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 taxpayers or lack of sufficient impact on public confidence in city government, issue, in writing, a confidential reprimand to the officer or employee concerning the alleged violation and provide a copy of the confidential reprimand to the executive authority and Board of Commissioners or city agency; and/or
(2) Initiate a hearing to determine whether there has been a violation.
(F) Any person who files a complaint that is determined to be false by the Ethics Enforcement Officer, alleging a violation of any provision of this article by an officer or employee of the city or any city agency, shall be guilty of a misdemeanor and/or sued civilly by the injured party.
(1977 Code, § 2-122) (Ord. 94-16, passed 11-14-1994)