(A) (1) Upon a complaint signed under penalty of perjury by any person, or upon its own motion, the Commission shall investigate any alleged violation of this code.
(2) Not later than ten days after the Commission receives the complaint, the Commission shall initiate a preliminary inquiry into any alleged violation of this code.
(3) Within 30 days of the commencement of the inquiry, the Commission shall forward a copy of the complaint and a general statement of the applicable law to the person alleged to have committed a violation.
(B) All 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’s attorney or County Attorney of the jurisdiction in which the offense allegedly occurred, evidence which may be used in criminal proceedings; and
(2) The complainant or alleged violator shall not publicly disclose the existence of a preliminary investigation, the Commission shall not publicly confirm the existence of the inquiry nor make public any documents which were issued to either party.
(C) The Commission shall afford a person who is the subject of a preliminary investigation 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 in the complaint.
(D) If the Commission determines in the preliminary investigation that the complaint does not allege facts sufficient to constitute a violation of this code, the Commission shall immediately terminate the inquiry and notify in writing the complainant and the person alleged to have committed a violation. The Commission may confidentially inform the alleged violator of potential violations and provide information to ensure future compliance with the law.
(E) If the Commission, during the course of the preliminary investigation, finds probable cause to believe that a violation of this code has occurred, the Commission shall notify the alleged violator of the finding, and the Commission, upon majority vote, may:
(1) Due to mitigating circumstances such as lack of significant economic advantage or gain by the alleged violator, lack of significant economic loss to the city, or lack of significant impact on public confidence in government, confidentially reprimand, in writing, the alleged violator for potential violations of the law and provide a copy of the reprimand to the Mayor; and
(2) Initiate an adjudicatory proceeding to determine whether there has been a violation.
(F) Any person who knowingly files with the Commission a false complaint of misconduct on the part of any elected or appointed official or other person shall be guilty of a Class A misdemeanor.
(Ord. 20-94, passed 12-15-1994)