(A) As deemed appropriate in its discretion, the Board of Trustees of the township shall:
(1) Upon receipt of a signed, notarized, written complaint against an officer or official, investigate, conduct hearings and deliberations, conduct or issue referrals for disciplinary hearings, and refer violations of this subchapter or state or federal criminal statutes to the attention of the appropriate attorney with a request for the filing of the appropriate criminal prosecution or civil infraction enforcement;
(2) Receive information from the public pertaining to its investigations and seek additional information and documents from officers, officials and employees of the township; and
(3) Request the attendance of witnesses and the production of books and papers pertinent to an investigation. It is the obligation of all officers, officials and employees of the township to cooperate with the Board of Trustees of the township during the course of its investigations.
(B) Complaints alleging a violation of this subchapter shall be filed with the Township Clerk. Within three business days after the receipt by the Township Clerk of a complaint, the Township Clerk shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her, together with a copy of the complaint. Within three business days after receipt by the Township Clerk of a complaint, the Township Clerk shall send by certified mail, return receipt requested, a notice of confirmation of receipt of the complaint, together with a copy of the complaint, to the complainant. The notices sent to the respondent and the complainant shall also advise them of the date, time, and place of the Board of Trustees of the township hearing to determine the sufficiency of the complaint and to establish whether probable cause exists that the respondent named in the complaint violated this subchapter. The Township Clerk shall also concurrently send copies of the foregoing complaint and notices to the members of the Board of Trustees of the township.
(C) (1) The Board of Trustees of the township shall conduct a hearing to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this subchapter, to determine whether there is a reasonable basis to believe that the respondent has violated this subchapter based on the evidence presented by the complainant and any additional evidence provided to the Board of Trustees of the township at the hearing pursuant to its investigatory powers. The complainant and respondent may be represented by counsel at the hearing. Within a reasonable period of time after the completion of the hearing, which may be conducted in one or more sessions at the discretion of the Board of Trustees of the township, the Board of Trustees of the township shall issue notice to the complainant and the respondent of the Board of Trustees of the township’s ruling on the sufficiency of the complaint and, if necessary, as to whether they find that there is a reasonable basis to believe that the respondent has violated this subchapter.
(2) If the complaint is deemed sufficient to allege a violation of this subchapter, and the Board of Trustees of the township finds that there is a reasonable basis to believe that the respondent has violated this subchapter, then the Board of Trustees may:
(a) Issue a formal statement of censure for a serious violation or a formal letter of reproval for misconduct that is less serious; or
(b) If the case warrants it, refer the matter to the appropriate agency for possible criminal prosecution or civil litigation.
(D) Sections 2b through 2e of the State Ethics Act, being M.C.L.A. §§ 15.341 et seq., set forth protections for officers, officials and employees who act as whistleblowers regarding the conduct of the township’s officers and officials. Additional whistleblower protections are set forth in the Whistleblowers’ Protection Act, Public Act 469 of 1980, being M.C.L.A. §§ 15.361 et seq.
(E) A complaint must be filed with the Township Clerk within two years of the date the offense is alleged to have occurred.
(F) The Clerk shall create and make available to officers, officials, employees and the public an ethics complaint form.
(Ord. 1016, Amendment 19, passed 2-28-2017)