(A) All complaints alleging any violation of the provisions of this chapter shall be submitted to the Ethics Commission, or the administrative official designated by the Ethics Commission. All complaints shall be in writing, signed by the complainant and shall meet any other requirements established by the Commission. The Commission shall acknowledge receipt of a complaint to the complainant within ten working days from the date of receipt. The Commission shall forward within ten working days to each officer or employee of the city or city agency who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) The Ethics Commission may, on its own initiative, determine through an inquiry into informal allegations or information provided directly to the Commission, by referral, in the public news media or otherwise that a violation of this code may exist, and prepare a complaint of its own. The Ethics Commission may also amend a complaint that has been filed with it by adding further allegations, by adding respondents involved in the same conduct, directly or indirectly, by action or inaction or by deleting allegations that would not constitute a violation of this code, have been made against persons or entities not covered by this code, or do not appear to be supported by the facts. The Ethics Commission may also consolidate complaints where the allegations are materially related. Amended complaints must be sent to the complainant and respondent by the Ethics Commission.
(C) Within 30 days of the receipt of a proper complaint, the Ethics Commission shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Commission shall afford a person who is the subject of the complaint an opportunity to respond to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations.
(D) The person who is the subject of the complaint (respondent) may file with the Ethics Commission a response to the complaint within 30 days after his or her receipt of the complaint. The response, if any, must be sent to the person filing the original complaint (complainant) by the Ethics Commission within five days after its filing. Within 15 days after receipt, the complainant may also file with the Ethics Commission a response to the respondent’s response, which the Ethics Commission must send to the respondent within five days after its filing.
(E) Extensions of time to any of the time limitations specified in this section may be granted by the Ethics Commission upon a vote of the majority of the members. If no meeting can be held before such time limit runs out, the Chair may extend the limit until the following meeting. The Ethics Commission must give written notice of any extension(s) of time to the respondent and the complainant.
(F) All proceedings and records relating to a preliminary inquiry being conducted by the Ethics Commission shall be confidential until a final determination is made by the Commission, except:
(1) The Commission may turn over to the commonwealth’s Attorney or County Attorney evidence which may be used in criminal proceedings; or
(2) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Commission may publicly confirm the existence of the inquiry and, at its discretion, make public any documents which were issued to either party.
(G) The Commission shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Commission concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the Commission shall immediately terminate the inquiry, reduce the conclusion to writing and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed.
(H) If the Ethics Commission concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Commission shall notify the officer or employee who is the subject of the complaint and may initiate a hearing to determine whether there has been a violation.
(I) If a complaint is accepted or prepared pursuant to division (A) above, the Ethics Commission must conduct an investigation. From this point on, the complainant may not withdraw his or her complaint, although he or she may request that the Ethics Commission either make a finding of no probable cause or no violation.
(J) (1) In conducting an investigation, the Ethics Commission may administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production of any books or records it deems relevant and material. The Police Department and all city agencies, bodies, officials and employees are required to respond fully and truthfully to all enquiries and cooperate with all requests of the Ethics Commission or its agents relating to an investigation. It is a violation of this code for any official or employee to deny access to information requested by the Ethics Commission in the course of an investigation or a public hearing, except to the extent that such denial is required by federal, state or local law.
(2) Nothing in this section may be construed to permit the Ethics Commission to conduct an investigation of itself or of any of its members or staff. If the Ethics Commission receives a complaint alleging that the Commission or any of its members or staff has violated any provision of this code or any other law, the Commission must promptly transmit to the legislative body a copy of the complaint.
(K) Any person who knowingly files with the Commission a false complaint alleging a violation of any provision of this chapter by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor.
(Ord. 015-175, passed 2-23-2015) Penalty, see § 34.999