(a) (1) Any individual may file a confidential written complaint with the Commission. The complaint must allege facts under oath that would support a reasonable person in concluding that a violation of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) occurred.
(2) (A) The complaint must be filed within the later of 2 years after:
(i) the alleged violation; or
(ii) the complainant learned or should have learned of facts that would lead a reasonable person to conclude that a violation occurred.
(B) A complaint may not be filed more than 6 years after the alleged violation occurred.
(3) The Commission may refer the complaint to Commission staff or the County Attorney for investigation under Section 19A-9 or may retain a special counsel or other person to investigate.
(4) If the complaint does not allege facts sufficient to state a violation of this Chapter or the Commission finds that dismissal is consistent with the purpose of this Chapter, the Commission may dismiss the complaint. The Commission must inform the complainant of its decision to dismiss the complaint. The Commission may inform the subject of the complaint that the complaint was filed and dismissed but must not disclose the identity of the complainant.
(b) The Commission may file, on its own motion, a complaint based on a report received from an investigator under Section 19A-9, if the complaint is filed within the time limits established in subsection (a).
(c) If, based on a complaint and a report, if any, submitted under Section 19A-9, the Commission finds reasonable cause to believe that a violation of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) has occurred, the Commission must hold an adjudicatory hearing. However, the Commission may dispose of a matter by consent order instead of holding an adjudicatory hearing.
(d) If the Commission holds an adjudicatory hearing, the Commission must:
(1) give the subject of the complaint a copy of the complaint, including the identity of the complainant; and
(2) give the subject of the complaint copies of those portions of approved minutes of the Commission relating to the complaint, and any report issued under Section 19A-9.
(e) The Commission may:
(1) issue summonses and subpoenas to compel attendance at a hearing;
(2) require any person to produce records at a hearing; and
(3) administer oaths or affirmations to witnesses.
(f) The parties to the hearing are the subject of the complaint and the County. The prosecuting attorney may be the investigator who issued a report under Section 19A-9, an attorney in the County Attorney’s office, or a special counsel. Each party may be represented by counsel. Each party may present evidence and cross-examine witnesses. The subject of the complaint may require the Commission to issue subpoenas for witnesses and documents to the same extent a party in litigation in state court would be entitled to the summons or subpoena.
(g) The rules of evidence used in judicial proceedings do not apply. The Commission may admit and give appropriate weight to evidence, including hearsay, that possesses probative value commonly accepted by reasonable and prudent persons.
(h) A hearing is closed to the public. However, the Commission may in its sole discretion open the hearing to the public if the subject of the complaint requests that the hearing be open. The Commission may issue additional rules of procedure governing an adjudicatory hearing.
(i) The Commission must make written findings of fact and conclusions of law based on the record made at the hearing. If after a hearing the Commission finds that no violation of this Chapter has occurred, the Commission must dismiss the complaint.
(j) If the Commission dismisses a complaint without holding a hearing or after holding a closed hearing, the Commission must not release to the public the identity of the subject of the complaint, the complainant, or any witness.
(k) If the Commission finds that a violation of this Chapter has occurred, the Commission must publicly disclose its findings and conclusions, including the identity of the subject of the complaint, the complainant, and the witnesses.
(l) The Commission must promptly notify the complainant and the subject of the complaint of its findings and conclusions and the disposition of the complaint.
(1) seek injunctive relief under Section 19A-27;
(2) proceed under Section 19A-28;
(3) seek recovery under Section 19A-29;
(4) seek the imposition of disciplinary action by appropriate public employees under Section 19A-30;
(5) order the subject of the complaint to stop any violation;
(6) issue a public or private reprimand, and
(7) impose a fine which does not exceed $1000.
(n) The Commission may, at any time, refer to an appropriate prosecuting attorney any information that indicates that a criminal offense may have occurred. The Commission may, at any time, share confidential information about a pending matter with an employee’s appointing official and the County Attorney
(o) A public employee must not retaliate against an individual for:
(1) communicating with the Commission; or
(1990 L.M.C., ch. 21, § 1; 1997 L.M.C., ch. 37, § 1; 2010 L.M.C., ch. 5, § 1; 2021 L.M.C., ch. 4, § 1; 2022 L.M.C., ch. 33, § 1.)
Editor’s note—See County Attorney Opinion dated 12/17/08 discussing the authority and role of the Merit System Protection Board and the role of the County Attorney as legal adviser. See County Attorney Opinion dated 8/23/02 describing the elements required for a complaint to the Ethics Commission to initiate an investigation.
2010 L.M.C., ch. 5, § 2, states in part. This Act takes effect on April 1, 2010. The amendment to Section 19A-10 made in Section 1 of this Act applies to any complaint filed after this Act takes effect.