The following provisions pertaining to the Board of Ethics shall remain in full force and effect until such time as the code of ethics Ordinance is enacted.
A. Duties and Powers: Advisory Opinions784. The Board shall render advisory opinions concerning the application of this Charter and/or any code of ethics adopted by the Town to any Public Official
785 or employee upon his or her request. Such advisory opinions shall be published and filed with the Town Clerk with such deletions as may be necessary to prevent disclosures of the identity of the Public Official
786 or employee involved.
B. Duties and Powers: Investigations.
(1) Probable Cause787. Upon the written complaint of any person, signed under penalty of false statement, or upon its own complaint, the Board shall investigate any alleged violation of the Charter and/or any such code of ethics. Any investigation whether or not there is probable cause to believe that a violation of this Charter and/or any such code of ethics has occurred shall be confidential and not open to the public unless the respondent requests otherwise. If such probable cause is found, the Board shall initiate hearings to determine whether there has been such violation.
(2) Hearings788. All hearings pursuant to this subsection shall be open to the public. The Town Attorney or the designated representative of the Town Attorney, who shall also be an attorney, shall attend such hearings and rule on all matters concerning the application of the rules of evidence, which shall be the same as in judicial proceedings. At such hearings, the respondent shall have the right to be represented by legal counsel, the right to compel the attendance of witnesses and the production of books, documents, records and papers and to examine and cross-examine witnesses. The Board may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of books, documents, records and papers. At the request of the Board, any judge may issue a capias for the appearance of the respondent, witnesses, and the production of books, documents, records and papers. The Board shall find no person in violation of the provisions of this Charter and/or any such code of ethics except upon the concurring vote of four (4) of its members.
784 1983 Charter § 19-5.B.1.
785 "Public Official" replaces "officer".
786 "Public Official" replaces "officer".
787
1983 Charter § 19-5.B.2.a.
788 1983 Charter § 19-5.B.2.b.