§ 36.43  HEARING PROCEDURE.
   (A)   The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall apply to hearings conducted by the commission.  All testimony in a commission adjudicatory proceeding shall be under oath.  All parties shall have the right to call and examine witnesses, to submit evidence, and to be represented by counsel and any other due process rights, privileges, and responsibilities of a witness appearing before the courts of the Commonwealth of Kentucky.  All witnesses shall be entitled to be represented by counsel.
   (B)   Any person whose name is mentioned during a hearing and who may be adversely affected thereby may appear personally before the commission on the person's own behalf, with or without an attorney, to give a statement in opposition to such adverse mention or file a written statement of opposition for incorporation into the records of proceeding.
   (C)   All hearings of the commission shall be public, unless the commission members vote to go into executive session in accordance with KRS 61.810.
   (D)   After the conclusion of the hearing, the commission shall, as soon as practical begin deliberations in executive session for the purpose of reviewing the evidence and making a determination whether a violation of this ordinance has been proven.  Within thirty (30) days after completion of the hearing, the commission shall issue a written report of its findings and conclusions.
   (E)   If the commission concludes that no violation of this ordinance has occurred, it shall as soon as practical send written notice of this determination to the officer or employee who was subject of the complaint and to the party who filed the complaint.
   (F)   If the commission concludes that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this ordinance, the commission may:
      (1)   Issue an order requiring the violator to cease and desist the violation.
      (2)   In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the executive authority and governing body.
      (3)   In writing, recommend to the executive authority and the governing body that the violator be sanctioned as recommended by the commission, which may be a recommendation for discipline, or removal from office.
      (4)   Issue an order requiring the violator to pay a civil penalty of not more than $1,000.00
      (5)   Refer evidence of criminal violations of this ordinance or state laws to the county attorney or commonwealth's attorney of the jurisdiction for prosecution.
(Ord. 1994-12, passed 11-14-94)