(A) All complaints alleging any violation of the provisions of this chapter shall be submitted to the County Ethics Commission. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Commission. The County Ethics Commission shall acknowledge receipt of a complaint to the complainant within 10 working days from the date of receipt. The Commission shall forward within 10 working days to each officer or employee of the county or county agency who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) Within 30 days of the receipt of a proper complaint, the County Ethics Commission shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Commission shall afford a person who is the subject of the complaint an opportunity to respond to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations.
(C) All proceedings and records relating to a preliminary inquiry being conducted by the County Ethics Commission shall be confidential until a final determination is made by the Commission, except:
(1) The Commission may turn over to the Commonwealth's Attorney or County Attorney evidence which may be used in criminal proceedings; and
(2) If the complainant or alleged violator publicly disclose the existence of a preliminary inquiry, the Commission may publicly confirm the existence of the inquiry and, at its discretion, make public any documents which were issued to either party.
(D) The Commission shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Commission concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the Commission shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the County Ethics Commission concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Commission shall notify the officer or employee who is the subject of the complaint and may:
(1) Due to mitigating circumstances such as lack of significant economic advantage or gain by the officer or employee, lack of economic loss to the county and its taxpayers, or lack of significant impact on public confidence in county government issue, in writing, a reprimand to the officer, appointee or employee concerning the alleged violation and provide a copy of the reprimand to the executive authority and governing body of the county or county agency; and/or
(2) Initiate a hearing to determine whether there has been a violation.
(Ord. passed 11-15-1994)