(A) Complaint procedure.
(1) Any resident or employee of the city who believes a person has violated a provision of this chapter or a state conflict of interest law may file a written complaint with the City Attorney. The complaint must (If complaint lacks any of these elements it will not be considered):
(a) Identify the complainant and the person who allegedly committed the violation;
(b) Provide a sufficient statement of the facts which if true would constitute a prima facie violation of a provision of this chapter or a state conflict of interest law;
(c) Specify the provision of this chapter or a state conflict of interest law which is alleged to have been violated;
(d) Identify sources of evidence, if any, that the complainant recommends should be considered by the Commission;
(e) Be filed on a form prescribed by the Commission available on demand from the City Attorney.
(2) The City Attorney will acknowledge the receipt of the complaint to the complainant and provide a copy of the complaint to the Commission and to the person accused within seven business days of accepting the complaint form.
(B) Review of complaints by Commission.
(1) The Commission shall review each complaint in executive session prior to conducting a hearing to determine whether the complaint is in proper form and alleges sufficient facts to constitute a prima facie violation of a provision of this chapter or a state conflict of interest law.
(2) If the Commission determines that the complaint is defective in form or does not allege sufficient facts to constitute a prima facie violation of a provision of this chapter or a state conflict of interest law, the Commission shall dismiss the complaint, and provide notice, including the reasons for the dismissal, to the complainant and to the person accused.
(3) If the Commission determines that the complaint is in proper form and alleges sufficient facts to constitute a prima facie violation of a provision of this chapter or a state conflict of interest law, the Commission shall schedule a hearing on the complaint.
(C) Hearings.
(1) The Commission will adopt rules of procedure to govern hearing on complaints. The rules will allow for the presentation of evidence by the complainant and the person accused, and cross examination of witnesses.
(2) The Chair of the Commission or any person acting in that capacity, and the Recording Secretary of the Commission, are authorized to administer oaths to persons who testify at hearings conducted by the Commission.
(D) Ex parte communications. It is unlawful for a person who has filed a complaint alleging a violation of this chapter or a state conflict of interest law by a city officer or employee, or a person against whom such a complaint has been filed, to communicate verbally or in writing about the subject matter of the complaint with a member of the Ethics Review Commission at any time other than during a public meeting of the Commission. All such communications by such persons to the Commission outside of a public meeting of the Commission must be directed to the City Attorney. The City Attorney will collect all such communications and provide them to the Commission with the agenda materials for the meeting at which the complaint is considered. The City Attorney will make copies of these communications available to interested persons in accordance with state law.
(E) Sanctions. If the Commission determines at the conclusion of a hearing that a violation has occurred, it may impose or recommend any of the following sanctions:
(1) A letter of notification, if the violation is clearly unintentional, or when the official or employee's action was made in reliance on a written opinion of the City Attorney. A letter of notification shall advise the official or employee of any steps to be taken to avoid future violations.
(2) A letter of admonition, if the Commission finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification.
(3) (a) A reprimand, if the Commission finds that the violation:
1. Was minor and was committed knowingly, intentionally or in disregard of this chapter or a state conflict of interest law; or
2. Was serious and may have been unintentional.
(b) A copy of any reprimand directed to an official shall be sent to the City Council. A copy of any reprimand directed to an employee shall be sent to the City Manager and included in the employee's personnel file.
(4) (a) A recommendation of suspension from office or employment, if the Commission finds that the violation:
1. Was serious and that was committed knowingly, intentionally or in disregard of this chapter or a state conflict of interest law; or
2. Was minor but similar to a previous violation by the person, and was committed knowingly, intentionally or in disregard of this chapter or a state conflict of interest law.
(b) A recommendation of suspension of an official appointed by the City Council shall be transmitted to the City Council, and the Council will have final authority on whether to impose a suspension. A recommendation of suspension of a employee shall be directed to the City Manager, who will have final authority on whether to impose a suspension.
(5) A recommendation for recall or removal from office or employment, if the Commission finds that the violation was serious and was committed knowingly, intentionally or in disregard of this chapter or a state conflict of interest law. A recommendation for recall of a City Council member or removal of an official appointed by the City Council will be forwarded to the City Council. A recommendation for removal of an employee will be forwarded to the City Manager.
(6) In addition to a sanction under divisions (E)(1) through (5) above, the Commission may recommend to appropriate authorities that a person be prosecuted for a violation of this chapter or a state conflict of interest law.
(Ord. 2019-1-O, passed 1-15-2019)