(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 Board of Ethics. All complaints shall be in writing, signed by the complainant and shall meet any other requirements established by the Board of Ethics. The Board of Ethics shall acknowledge receipt of a complaint to the complainant within 20 working days from the date of receipt. The Board of Ethics shall forward within 20 working days to each officer or employee of the county or county 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 45 days of the receipt of a proper complaint, the Board of Ethics shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Board of Ethics 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 Board of Ethics shall be confidential until a final determination is made by the Board of Ethics, except:
(1) The Board of Ethics may turn over to the Commonwealth Attorney or County Attorney evidence which may be used in criminal proceedings; and
(2) If the complainant or alleged violator publicly disclose the existence of a preliminary inquiry, the Board of Ethics may publicly confirm the existence of the inquiry, and, at its discretion, make public any documents which were issued to either party.
(D) The Board of Ethics shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Board of Ethics concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the Board of Ethics shall immediately terminate the inquiry, reduce the conclusion to writing and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the Board of Ethics concludes, based upon its 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 of Ethics 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 county and its taxpayers or lack of significant impact on public confidence in county 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 county or county agency; or
(2) Initiate a hearing to determine whether there has been a violation.
(F) Any person who knowingly files with the Board of Ethics a false complaint alleging a violation of any provision of this chapter by an officer or employee of the county or any county agency shall be guilty of a Class A misdemeanor.
(Ord. 94-130.1, passed 12-12-1994) Penalty, see § 31.99