(A) The State Rules of Civil Procedure and the State Rules of Evidence shall not apply to hearings conducted by the Commission; however, the hearing shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Commission so as to afford all parties the full range of due process rights required by the nature of the proceedings.
(B) Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have a reasonable opportunity to examine all documents and records prepared by the Commission in connection with the matters to be heard. The Commission shall inform the alleged violator, or his or her representative, of any exculpatory evidence in its possession.
(C) All testimony in a Commission hearing shall be taken under oath, administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross examine witnesses, to submit evidence, and to be represented by counsel. All witnesses shall have the right to be represented by counsel.
(D) Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the Commission, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
(E) The Commission may, upon its own motion or that of any party, grant a continuance of a hearing for the receipt of taking of further evidence. However, the Commission shall make all efforts to complete the hearing and taking of the evidence at the earliest possible time so as to not unduly burden the alleged violator or any other interested party.
(F) After conclusion of the hearing, the Commission shall, as soon as practicable, begin deliberations for purpose of reviewing the evidence in making a determination of whether a violation of this chapter has been proven. Within 30 days after the conclusion of the hearing, the Commission shall issue a written report of its findings and conclusions.
(G) If the Commission concludes in its report that no violation has occurred, it shall immediately send written notice of this determination to the officer or employee who was the subject of the complaint, to the party who filed the complaint, to the Mayor, and to the City Council or the governing board of the appropriate city agency.
(H) If the Commission concludes in its report that, based upon the evidence, there is clear and convincing proof of a violation, the Commission may do one or more of the following:
(1) Issue an order requiring the violator to cease and desist the violation;
(2) In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the Mayor, City Council and the governing board of the appropriate city agency;
(3) In writing, recommend to the Mayor and City Council that the violator be sanctioned as recommended by the Commission, which may include discipline, dismissal or removal from office;
(4) Issue an order requiring the violator to pay, within a specified period of time, a civil penalty, as set forth in this chapter; and/or
(5) Refer evidence of criminal violation of this chapter or state law to the County Attorney or Commonwealth’s Attorney of the jurisdiction for prosecution.
(1992 Code, § 37.08) (Ord. 01-2011, passed 2-15-2011) Penalty, see § 36.99