107.05 BOARD POWERS AND DUTIES.
(a) The Board of Ethics shall receive and may initiate, complaints against persons subject to this chapter concerning conduct alleged to be in violation of this chapter. All complaints, including those by the Board or any of its members, shall be by affidavit made on personal knowledge, subject to the penalties of perjury.
(b) Upon receipt or initiation of a complaint, or upon receipt of charges or information indicating that a violation of this chapter, may have taken place, the Board shall conduct an investigation. During such investigation the Board may request further information, including the specific amount of income from a source, if the information sought is directly relevant to the complaint, charge or information under consideration by the Board. Such information is confidential. The person so requested shall furnish the information to the Board, unless within fifteen days from the date of the request the person files an action for declaratory judgment challenging the legitimacy of the request in the Court of Common Pleas of Cuyahoga County. The requested information need not be furnished to the Board during the pendency of such judicial proceedings. Proceedings of the Board in connection with an investigation of a complaint, charges or information shall be kept confidential except as otherwise provided by this section.
(c) Before the Board proceeds to take any formal action against the person who is the subject of an investigation based on charges or information presented to the Board, a complaint shall be filed against the person. If the Board finds that a complaint is not frivolous, and that there is reasonable cause to believe that the facts alleged in the complaint constitute a violation of this chapter, it shall hold a hearing. If the Board does not so find, it shall dismiss the complaint. The person against whom the complaint is directed shall be given reasonable notice by certified mail of the date, time and place of the hearing, a statement of the charges and the law directly involved, and shall be given an opportunity to be represented by counsel, to have counsel appointed for him if he is unable to afford counsel without undue hardship, to examine the evidence against him, to produce evidence and to call and subpoena witnesses in his defense, to confront his accusers, and to cross-examine witnesses. The Board shall have a stenographic record made of the hearing, which shall be open to the public.
(d) If upon the basis of such hearing, the Board finds based upon a preponderance of the evidence that the facts alleged in the complaint are true and constitute a violation of this chapter, it shall report its findings to the Mayor and Council.
(e) In addition, the Board may proceed in any one or more of the following manners, as it deems appropriate:
(1) Make a report of its findings to an appropriate prosecuting authority.
(2) Initiate, on behalf of the City, a criminal complaint based on the alleged violation of this chapter.
(3) Initiate proceedings, on behalf of the City, to remove the offender from his office or employment, in accordance with proceedings provided by the City Charter or by Ohio general law.
(4) If the accused is subject to the jurisdiction of the City Civil Service Commission, deliver to such Commission a report of its findings, together with a transcript of proceedings before the Board, evidence received by the Board at its hearing, and a statement of the Board's recommendation relative to discipline or discharge of the accused.
(f) If the Board does not find that based upon the preponderance of the evidence that the facts alleged in the complaint are true and constitute a violation of this chapter, or if the Board has not scheduled a hearing within ninety days after the complaint is filed or has not finally disposed of the complaint within six months after it has been heard, it shall dismiss the complaint and upon the request of the accused person, make public report of that finding. Upon request by the accused person, the Board shall make its record and the evidence received by it available for public inspection.
(g) The Board, or a member of the Board, may administer oaths, and the Board may issue subpoenas to any person in the State compelling the attendance of witnesses and the production of relevant papers, books, accounts and records. The Board shall issue any such subpoena upon written request by an accused person. Upon refusal of any person to obey a subpoena or to be sworn or to answer as a witness, the Board may apply to the Court of Common Pleas of Cuyahoga County for appropriate sanctions under Ohio R.C. 2705.03. The Court shall hold proceedings in accordance with Ohio R.C. Chapter 2705. The Board or the accused person may take depositions of witnesses residing within or without the State in the same manner as prescribed by law for the taking of depositions in civil actions in the Court of Common Pleas.
(h) All papers, records, affidavits and documents upon any complaint, inquiry or investigation relating to the proceedings of the Board shall be sealed and are private and confidential, unless a public hearing is held thereon, as provided in this section. No member, employee or agent of the Board shall divulge any information or any books, papers or documents presented to the Board without specific prior approval of the Board, unless such books, papers or documents have been presented at a public hearing.
(Ord. 53-1979. Passed 11-27-79.)