(A) Any citizen of the city may submit a compliant in writing and under oath, alleging that one or more public servants have violated or may have violated any provision of this chapter within one month of the alleged violation.
(B) The complaint must be signed by the complainant and notarized, and must contain the following:
(1) The complainant’s legal name and current mailing address;
(2) The name or names of any public servants who committed or may have committed the alleged violation;
(3) A summary of the facts giving rise to the complaint;
(4) Some explanation of why those facts constitute or may constitute a violation of the ethics chapter; and
(5) Any one filing a false complaint will be subject to the penalty(s) for perjury.
(C) The complaints must be filed with the City Clerk. Upon receipt, the Clerk shall promptly provide a copy of the complaint to the public servant named therein and to the City Attorney.
(D) The City Attorney will evaluate the complaint, applying the law of the standards of conduct to the facts alleged in the complaint.
(E) Within 14 days from receipt of the complaint, the City Attorney shall:
(1) Issue a report including a copy of the complaint, concluding whether facts alleged in the complaint, if true, would rise to a violation of this chapter, and require the public servant named in the complaint issue a formal statement, in writing and addressed to the City Attorney, outlining his or her position.
(2) The City Attorney shall determine whether the public servant named in the complaint did commit a violation of the ethics chapter and file a formal complaint with the Thirty-First District Court; or
(3) Dismiss the complaint.
(F) The City Attorney shall promptly provide a formal complaint or a dismissal of the complaint to the appropriate city department.
(G) If a complaint is filed against the City Attorney and any of his or her designees, the City Council shall designate a neutral body to investigate the complaint and if necessary prosecute the violation.
(Ord. 2008-11, passed 8-26-2008) Penalty, see § 39.999