(A) (1) The Ethics Commission shall investigate any alleged violation of this chapter based upon its own motion or upon a complaint signed under penalty of perjury by any person.
(2) No later than ten days after receipt of a complaint, the Commission shall initiate a preliminary inquiry into any alleged violations of this chapter.
(3) Within seven days of its initiation of an inquiry, the Ethics Commission shall forward a copy of the complaint and a general statement of the applicable code provision to the party alleged to be in violation.
(B) All Ethics Commission proceedings and records relating to a preliminary investigation shall be confidential until a final determination is made by the Commission, except:
(1) The Commission may turn over to the Commonwealth or County Attorney evidence which may be used in criminal proceedings; or
(2) If the complainant publicly discloses the existence of a preliminary inquiry, the Commission may publicly confirm the existence of the inquiry if the alleged violator agrees and, at its discretion, make public any documents which were issued to either party.
(C) The Ethics Commission shall afford a person subject to preliminary investigation an opportunity to respond to 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 in the complaint.
(D) If the Ethics Commission determines in the preliminary investigation the complaint does not allege facts sufficient to constitute a violation of this chapter, the Commission shall immediately terminate the inquiry and notify in writing the complainant and the person alleged to have committed a violation.
(E) If the Ethics Commission, during course of its preliminary investigation, finds probable cause to believe that a violation of this chapter has occurred, the commission shall notify the alleged violator of the finding. The Commission may, upon majority vote:
(1) In view of mitigating circumstances such as lack of significant impact on public confidence in government, lack of significant economic advantage or gain to the violator, and lack of significant economic loss to the county; reprimand in writing the alleged violator and provide a copy of the reprimand to the appropriate county elected official. The alleged violator may then ask for a full hearing if desired;
(2) Initiate an adjudicatory proceeding to determine when there has been a violation.
(F) Any person who knowingly files with the Ethics Commission a false complaint of misconduct on the part of any county elected official or appointed official or county government employee shall be guilty of a Class A misdemeanor and be subject to a civil penalty not exceeding the cost of attorney fees incurred in defending the false charge.
(Ord. 120.0, passed 12-27-94).