(A) All complaints alleging any violation of the provisions of this chapter shall be submitted to the Ethics Officer, or the administrative official designated by the Ethics Officer. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Ethics Officer. The Ethics Officer shall acknowledge receipt of a complaint to the complainant within ten working days from the date of receipt. The Ethics Officer shall forward within ten working days to each officer or employee of the city or city 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 30 days of the receipt of a proper complaint, the Ethics Officer shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Ethics Officer 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 Ethics Officer shall be confidential until a final determination is made by the Ethics Officer except:
(1) The Ethics Officer may turn over to the Commonwealth’s Attorney or county attorney evidence which may be used in criminal proceedings; and
(2) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Ethics Officer may publicly confirm the existence of the inquiry, and, at his or her discretion, make public any documents which were issued to either party.
(D) The Ethics Officer shall make a determination based on his or her preliminary inquiry whether the complaint is within his or her jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Ethics Officer concludes that the complaint is outside of his or her jurisdiction, frivolous, or without factual basis, the Ethics Officer shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of his or her decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the Ethics Officer concludes, based upon his or her preliminary inquiry, that the complaint is within his or her jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Ethics Officer 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 city and its taxpayers, or lack of significant impact on public confidence in city government, the Ethics Officer shall 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 Mayor and governing body of the city or city agency; or
(2) Initiate a hearing to determine whether there has been a violation.
(Prior Code, § 38.47) (Ord. 94-7, passed 11-14-1994) Penalty, see § 38.99