§ 36.42  COMPLAINT PROCEDURE; PRELIMINARY INVESTIGATIONS.
   (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)   Within ten (10) days after the commission receives the complaint, the commission shall initiate a preliminary inquiry into the alleged violation of this code.
      (3)   Within thirty (30) days of the commencement of an 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 the commission may turn over to the Commonwealth Attorney, City Attorney/legal counsel and County Attorney of the jurisdiction in which the offense allegedly occurred, evidence which may be used in criminal proceedings; and
   (C)   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.
   (D)   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.
   (E)   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 terminate the inquiry and notify in writing the complainant and the person alleged to have committed a violation.
   (F)   If the commission determines in the preliminary investigation that the complaint is within its jurisdiction and contains allegations is within its jurisdiction and contains allegations sufficient to establish a 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 city and its taxpayers, or lack of significant impact on public confidence in city government issue in writing, a confidential reprimand to the officer or employee concerning the alleged violation and provide a copy of the confidential reprimand to the executive authority and governing body of the city or city agency.
      (2)   Initiate a hearing to determine whether there has been a violation.
   (G)   Any person who knowingly files with the commission a false complaint alleging a violation of any provisions of this ordinance by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor.
(Ord. 1994-12, passed 11-14-94)