(A) When a complaint is referred by the secretary, the Ethics Commission may, by majority vote:
(1) Reject, without further proceedings, a complaint that the Ethics Commission considers frivolous or inconsequential;
(2) Reject, without further proceedings, a complaint that the Ethics Commission is satisfied has been dealt with appropriately by an official or an agency;
(3) Determine that the complaint does not allege facts sufficient to constitute a violation of this chapter and dismiss the complaint; or
(4) Forward a copy of the complaint to an appropriate official or the chief administrative officer of an agency for action and either stay the Ethics Commission's proceedings pending the other action or dismiss the action without prejudice.
(B) If a complaint is not disposed of under division (A):
(1) The Ethics Commission may refer the alleged violation for additional investigation by the secretary; or
(2) If the Ethics Commission finds by a majority vote that probable cause exists to support an alleged violation, it shall set a public hearing on the matter. The respondent shall be notified within 30 days of the Ethics Commission's determination.
(C) The Ethics Commission may, by majority vote, decide to acknowledge the existence and scope of an investigation before the finding of probable cause or that the Ethics Commission did not find probable cause to support an alleged violation.
(D) If a hearing is to be held, the respondent may examine and make copies of all evidence in the Ethics Commission's possession relating to the charges. At the hearing, the respondent shall be afforded appropriate due process protection, including the rights to be represented by counsel, to discovery, to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses.
(Ord. G-12-17, passed 8-16-2012)