(A) All complaints alleging any violation of the provisions of this chapter shall be submitted to the Board of Ethics or the administrative official designated by the Enforcement Officer, or the administrative official designated by him or the City Clerk/Treasurer. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Enforcement Officer. The Enforcement Officer shall acknowledge receipt of a complaint to the complainant within ten (10) working days from the date of receipt. The Enforcement Officer shall forward within ten (10) working days to each officer or employee of the city or city 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 thirty (30) days of the receipt of a proper complaint the Enforcement Officer shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Officer 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 Enforcement Officer shall be confidential until a final determination is made by the Officer except:
(1) The Officer may turn over to the Commonwealth's Attorney or County Attorney evidence which may be used in criminal proceedings.
(2) If the complainant or alleged violator publicly disclose the existence of a preliminary inquiry, the Officer may publicly confirm the existence of the inquiry, and, at his discretion, make public any documents which were issued to either party.
(D) The Enforcement Officer shall make a determination based on preliminary inquiry whether the complaint is within his jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Officer concludes that the complaint is outside of his jurisdiction, frivolous or without factual basis, the Officer shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of his decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the Enforcement Officer concludes, based upon preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Board 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 Mayor, City Council, and governing body or city agency.
(2) Initiate a hearing to determine whether there has been a violation.
(F) Any person who knowingly files with the Enforcement Officer a false complaint alleging a violation of any provision of this chapter by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor.
(Ord. 94-11, passed 10-17-94)