(A) Complaints alleging a violation of this chapter shall be filed with the Ethics Advisor, unless the village has exercised its authority to create an Ethics Commission, in which case complaints shall be filed with the Ethics Commission. In the event that the Ethics Advisor is the subject of the complaint, the complaint shall be filed with the Village President.
(B) Within three business days after the receipt of a complaint, the Ethics Advisor shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Ethics Advisor shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after receipt by the Ethics Advisor.
(C) The Ethics Advisor is authorized to conduct any necessary investigation, and to consult with an attorney designated by the corporate authorities to prosecute such actions, to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed.
(D) If the complaint is deemed sufficient to allege a violation of § 36.02 or § 36.03 of this chapter and there is a determination of probable cause by the Ethics Advisor, then the Ethics Advisor shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Ethics Advisor concerning the alleged violation.
(E) If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Ethics Advisor shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint.
(F) A complaint alleging a violation of this chapter must be filed within one year after the alleged violation.
(Ord. 1205-04, passed 8-17-04)