(A) Upon receipt of a complaint signed under penalty of perjury by any person, or upon its own motion, the Board of Ethics shall investigate all alleged violations of this code.
(B) Not later than ten (10) days after the Commission receives the complaint, the Board shall initiate a preliminary inquiry into any alleged violation.
(C) Within thirty (30) days of the commencement of the inquiry, the Board shall forward a copy of the complaint and a general statement of the applicable law to the person alleged to have committed a violation.
(D) All Board proceedings and records relating to a preliminary investigation shall be in conformance with the Open Meetings and/or Open Records Acts as set forth by statute except the Board may refer to the Commonwealth’s Attorney or County Attorney of the jurisdiction in which the offense allegedly occurred, evidence which may be used in criminal proceedings.
(E) The Board of Ethics shall afford the subject of a preliminary investigation an opportunity to respond to the allegation contained in the complaint. The person shall have the right to be represented by counsel, to appear and by heard under oath, and to offer evidence in response to the allegations of the complaint.
(F) If the Board determines in the preliminary investigation that the complaint does not allege facts sufficient to constitute a violation of this code, the Board shall immediately terminate the inquiry and notify the complainant and the person alleged to have committed a violation, in writing. The Board may inform the alleged violator of the potential violations and provide information to ensure future compliance with the law.
(G) If the Board, during the course of its preliminary investigation, finds probable cause to believe that a violation of this code has occurred, the Board shall notify the alleged violator of the findings, and the Board may, by majority vote:
(1) Due to mitigating circumstances such as lack of significant economic advantage or gain by the alleged violator, lack of significant economic loss to the city, or lack of significant impact on public confidence in government, reprimand, in writing, the alleged violator for potential violations of the law and provide a copy of the reprimand to the Mayor and the City Commissioners.
(2) Initiate an adjudicatory proceeding to determine whether there has been a violation.
(H) Any person who knowingly files, with the Board, a false complaint of misconduct on the part of any elected or appointed official or officer or other person shall be guilty of a Class A misdemeanor.
(Ord. 94-39, passed 11-22-94)
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Cross reference:
When meetings may be held in private, see § 28.100
Records, protected from disclosure, see § 27.107