(A) The state’s Rules of Civil Procedure and the state’s Rules of Evidence shall not apply to hearings conducted by the Ethics Officer; however, the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Ethics Officer so as to afford all parties the full range of due process rights required by the nature of the proceedings.
(B) Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Ethics Officer in connection with the matter to be heard. The Ethics Officer shall inform the alleged violator, or his or her representative, of any exculpatory evidence in its possession.
(C) All testimony in an ethics hearing shall be taken under oath, administered by a notary public, clerk of a court, or justice of the peace. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel. All witnesses shall have the right to be represented by counsel.
(D) Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the Ethics Officer, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
(E) After the conclusion of the hearing, the Ethics Officer shall, as soon as practicable, begin reviewing the evidence and make a determination whether a violation of this chapter has been proven. Within 30 days after completion of the hearing, the Ethics Officer shall issue a written report of his or her findings and conclusions.
(F) If the Ethics Officer concludes in his or her report that no violation of this chapter has occurred, he or she shall immediately send written determination to the officer or employee who was subject of the complaint and to the party who filed the complaint.
(G) If the Ethics Officer concludes in his or her report that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this chapter, the Ethics Officer may:
(1) Issue an order requiring the violator to cease and desist the violation;
(2) In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the Mayor and City Council or city agency with which the violator serves;
(3) In writing, recommend to the Mayor and the City Council that the violator be sanctioned as recommended by the Ethics Officer, which may include a recommendation for discipline or dismissal, or removal from office;
(4) Issue an order requiring the violator to pay a civil penalty of not more than $1,000; and/or
(5) Refer evidence of criminal violations of this chapter or state laws to the county attorney or Commonwealth’s Attorney of the jurisdiction for prosecution.
(Prior Code, § 38.49) (Ord. 94-7, passed 11-14-1994)