(A) When a complaint under this chapter against the Village proceeds to a hearing, the Chairperson of the Commission, with the advice and consent of the Commission, shall:
(1) Designate at least 3 Commissioners, not including any Commissioner who may have been directly involved in the investigation of the complaint, as the hearing panel; or
(2) Appoint a hearing examiner who shall be a person who is qualified to conduct administrative or quasi judicial hearings and who holds no other appointive or elective public office or position in the Village government.
(B) If the Commissioner appoints a hearing panel, the Commissioner shall also designate 1 member of the panel as the presiding member to act as Hearing Commissioner.
(C) The Commission shall serve upon the Village Manager, referred to as the respondent, a statement of the charges made in the complaint and a notice of the time and place of the hearing. Such statement of charges and notice shall be sent by certified mail (return receipt requested) to the respondent at least 10 days prior to the date set for the hearing. The respondent shall have the right, within 5 days after the service on it of the statement of charges and notice of hearing, to file an answer to the statement of charges. The respondent shall also have the right to be represented by counsel, to appear at the hearing, to present evidence in its own behalf and to examine and cross-examine witnesses.
(D) The hearing panel or hearing examiner shall not be bound by the strict rules of evidence and shall have the power to administer oaths, to take sworn testimony and to subpoena witnesses, documents and records. The Commission may adopt such rules of procedure for the conduct of hearings as are deemed necessary.
(E) Within 5 days after the conclusion of any hearing pursuant to this section, the hearing panel or hearing examiner shall render a written decision which shall be the decision of the Commission. No final action for the imposition or recommendation of a civil penalty shall be taken except at a meeting open to the public. If notice of a hearing to a respondent is given pursuant to this chapter and the respondent fails to attend such hearing, the hearing panel or hearing examiner may proceed to hold such hearing and make a determination in the respondent’s absence.
(1997 Code, § 43.20) (Ord. 78-3, passed 2-9-1978; Am. Ord. 83-17, passed 6-23-1983; Am. Ord. CO-09-10, passed 5-5-2009)