A. Composition and Meetings of the Commission. There is hereby created a commission to be known as the Ethics Commission of McHenry County (hereinafter the "Commission").
1. The Commission shall be comprised of five (5) members appointed by the Administrative Services Committee with the advice and consent of the McHenry County Board. No employee, employee of an officer, officer, nor any relative of an employee. employee of an officer, or officer shall be appointed as a member of the Commission.
2. All commissioners shall be appointed to three-year terms. Commissioners may be reappointed to serve subsequent terms.
3. The commissioners shall choose a chair from their number. Meetings shall be held at the call of the chair or any three (3) commissioners. A quorum shall consist of three (3) commissioners, and official action by the commission shall require the affirmative vote of three (3) members.
4. The Administrative Services Committee, with the advice and consent of the McHenry County Board, may remove a commissioner in case of incompetence, neglect of duty, or malfeasance in office after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon not less than ten (10) days' notice. Vacancies shall be filled in the same manner as original appointments.
B. Powers and Duties of the Commission.
1. The Commission shall have the following powers and duties:
a. To promulgate procedures and rules governing the performance of its duties, the exercise of its powers, and notice to parties.
b. To receive written, signed, and verified complaints (stating that the statements set forth in the complaint are true and correct or that the statements are believed to be true upon information and belief), filed within one (1) year of the alleged violation, supported by relevant affidavits and all other documents, books, papers, or tangible evidence.
c. To receive any written response from employees, employees of an officer, or officers alleged to have violated this Ordinance.
d. The Chair of the Commission shall dismiss a complaint sua sponte at any time if the complaint does not set forth facts that when taken as true and liberally construed are sufficient to legally state a claim under this Ordinance; if the conduct involves a person not bound by this Ordinance; if the complaint is deemed frivolous; or if the complaint is not written, signed, verified, and filed within one (1) year of the alleged violation.
e. To notify the employee, employee of an officer, or officer that he or she may have a Fifth Amendment right against self-incrimination.
f. To request and receive any other documents, books, papers, or tangible evidence from any member of the public for purposes of determining whether there is probable cause that an officer or employee has violated the provisions of this Ordinance.
g. To request and receive additional documents, books, papers, or tangible evidence from officers or employees.
h. To conduct hearings, including allowing both parties the opportunity to present testimony and evidence, and deliberations on complaints.
i. To appoint a hearing officer which is an attorney licensed to practice law in the State of Illinois.
j. To request the attendance of witnesses.
k. To close to the public any meeting of the Commission to the extent authorized by the Open Meetings Act.
1. To determine that there is probable cause of a violation of § 2.64.030 Prohibited Political Activities of this Ordinance and refer the complaint and supporting documentation to the State's Attorney. In addition, the Commission may refer the complaint and supporting documentation to the McHenry County Sheriff.
m. To determine that there is probable cause of a violation of § 2.64.040 Gift Ban of this Ordinance and may refer the complaint and supporting documentation to the State's Attorney.
n. To determine that there is a violation by clear and convincing evidence after a hearing of §§ 2.64.040 Gift Ban, 2.64.050 Prohibition on Sexual Harassment of this Ordinance and issue recommendations for disciplinary actions and impose fines in accordance with § 2.64.080 Penalties of this Ordinance. The Commission may contract with an attorney licensed to practice law in the State of Illinois to investigate and prosecute before the Commission alleged violations of §§ 2.64.040 Gift Ban and 2.64.050 Prohibition on Sexual Harassment of this Ordinance.
2. The powers and duties of the Commission are limited to matters clearly within the purview of this Ordinance.
(Ord. O-201205-12-027, § 6, passed 5-15-2012; Ord. O-202002-12-013, passed 2-18-2020)