(A) Any individual may file a complaint. The complaint shall be affirmed in writing and signed by the complainant. The complaint shall state the nature of the alleged violation, the date, time and place of each occurrence, and name of the individual charged with the violation, referred to as the respondent.
(B) Complaints shall be filed with the secretary, who shall promptly provide a copy to any persons against whom a violation is alleged.
(C) Within 30 days after receipt of a complaint, the secretary shall conduct a preliminary investigation. The secretary may request that the Ethics Commission extend the time for the completion of the preliminary investigation. If the Ethics Commission determines that extension is necessary or desirable and would not be prejudicial to the person against whom a violation is alleged, the Ethics Commission shall grant the extension. If the Ethics Commission determines that the preliminary investigation must be completed in less than 30 days in order to avoid prejudice or irreparable harm to the person against whom a violation is alleged, the Ethics Commission shall order the secretary to complete the preliminary investigation in a shorter period of time, and the secretary shall comply.
(D) If the secretary determines that the complaint alleges violations of criminal acts, the secretary shall promptly refer the complaint to an appropriate law enforcement agency and the matter may be stayed pending direction from the law enforcement agency.
(E) If the secretary determines, after preliminary investigation, that there are no reasonable grounds to believe that a violation has occurred, the secretary shall dismiss the complaint. If the secretary dismisses the complaint, he or she shall do so in writing, setting forth the facts and the provisions of law upon which the dismissal is based, and provide copies of the written dismissal to the complainant, to the individual charged with the violation, and to the members of the Ethics Commission. The complainant shall have the right to appeal the decision of the secretary.
(F) The secretary shall refer the complaint to the Ethics Commission if, after a preliminary investigation, the secretary does not:
(1) Ask for additional time to conduct a more extensive investigation pursuant to division (C);
(2) Refer the matter to law enforcement pursuant to division (D); or
(3) Dismiss the complaint pursuant to division (E).
(Ord. G-12-17, passed 8-16-2012)