a. Ethics Officer Review. In the event that a citizen has a complaint, on personal knowledge, of an alleged violation of Sections 1-20 through 1-26, as amended from time to time, by a Town official or employee, the citizen complainant shall deliver a written complaint of such alleged violation on a form prescribed by the Town, and verified under the penalties for perjury, to the Town Clerk-Treasurer in a sealed envelope. The complaint filed shall contain specific reference and identification of the provisions of Sections 1-20 through 1-26 alleged violated. In the event that the subject of the citizen complaint is the Town Clerk-Treasurer, then the person submitting the notice shall address the envelope to the Town Council President. The Ethics Officer shall review the verified citizen complaint to determine whether a violation of the provisions of Sections 1-20 through 1-26, as amended from time to time, has been properly states and made consistent with the requirements herein. In the event that the Ethics Officer determines that no violation has been stated or occurred, then the Ethics Officer shall so notify the citizen complainant in writing, and there shall be no further proceedings herein. In the event that the Ethics Officer determines that a citizen complaint has been properly stated or presented, and may have occurred, then the Ethics Officer shall notify the Ethics Committee and transmit the verified citizen complaint and all information gathered on the citizen complaint to the Ethics Committee for further review and next consideration. The Ethics Officer shall have the right and authority to receive, review and assess a citizen complaint for substantive compliance with the terms of Sections 1-20 through 1-26 for further processing of any citizen complaint, and is authorized to utilize staff and legal counsel for assistance whenever deemed appropriate and necessary.
b. Ethics Committee Review.
1. The Ethics Officer shall inform the official or employee of the citizen complaint made and provide the official or employee an opportunity to explain in writing any response deemed necessary by the official or employee pertaining to the alleged violation, which response will be forwarded to the Ethics Committee for review with the citizen complaint and information gathered by the Ethics Officer pertaining to the citizen complaint.
2. When required, the Ethics Officer shall notify and convene the Ethics Committee in an executive session meeting to review any complaint and response thereto. The Ethics Committee may review the citizen complaint as the Ethics Committee deems appropriate and required.
(i) As to an official, recommend an appropriate notice and/or corrective action;
(ii) As to an employee, refer the matter to the Town Council, Town Manager, or jurisdictional Board or Commission for notice, hearing and action in accordance with the Town Personnel Policy Manual or applicable Indiana Statutes, as appropriate; and
(iii) As to an official, employee, or other person, take any other action as may be required by the particular circumstances of the violation determined to have occurred.
(b) The Ethics Committee shall have not authority to require or compel any action, including corrective, but only the authority to report its determination on the citizen complaint submitted, with recommendations thereon.
4. After determination of violation or no violation, the Ethics Officer shall report the findings and recommendations of the Ethics Committee to the Town Council, and file such report in a file designated for such purposes.
(Ord. No. 1726, § 6, 1-17-08; Ord. No. 1750, § 5, 2-29-09)