(a) A complaint that a city council member has violated the conflicts of interest or standards of conduct outlined in this subchapter shall be made in accordance with this chapter, except that a report concerning a city council member may be referred to the board by the fraud coordination committee. Anonymous complaints shall not be considered. All complaints shall be referred to the board of ethics who shall review the complaint in light of the conflicts of interest and standards of conduct as set forth in this subchapter, or the fraud control policy if it is a referral from the fraud coordination committee. A copy of the complaint shall be sent to the city council member against whom a complaint has been filed by certified mail within two business days of the written filing.
(b) All complaints, subsequent filings and proceedings of the board shall remain confidential unless otherwise provided herein. The accused may choose to waive confidentiality and make the complaint public. Upon the election by the accused, any subsequent filings and proceedings with the board become public. If the accused chooses to waive confidentiality, then the board has the right to make a public statement limited to that information as reasonably necessary to mitigate any adverse publicity resulting from a public statement by the accused.
(c) The board of ethics shall have all the powers of investigation as are afforded the city council by the city charter. The board performing the review of the complaint shall report to the city council in writing not more than 60 days after the day of assignment, unless an extension is granted by a majority of the eligible council members. For purposes of this section, an ELIGIBLE COUNCIL MEMBER means any council member who is not named in the complaint. If the board determines that the facts as alleged do not establish probable cause that there has been a violation of this subchapter as described herein or otherwise dismisses a complaint under this subchapter, a report of the board's findings shall be given to the city council, and the matter shall be considered concluded. If the board determines that the facts as alleged establish probable cause that there has been a violation of this subchapter, the report containing the board's findings and recommended sanctions shall be given to the city council. A finding of probable cause requires the affirmative vote of three or more members of the board of ethics.
(d) The board's report to the city council shall be a public record, and all filings and proceedings prior to the report shall likewise become a public record after the report is issued unless a filing is not subject to disclosure by law. Until a time as the board issues its report to the city council or the accused elects to make the complaint public, no complainant, board member, nor any person who has access to any confidential information related to the functions or activities of the board shall divulge that information to any person who is not authorized to have it.
(e) Upon receiving a report from the board of ethics that there is probable cause to believe that a violation of the conflicts of interest or standards of conduct or a violation of the fraud control policy by a city council member may exist, the eligible members of the city council may consider further action and/or recommendations and remedies as provided by this chapter. The accused city council member may participate in the discussion and may be represented by counsel of his/her own choosing and expense during the city council meeting on the issue, but the accused council member shall not vote on any of the possible remedies in § 35.999.
(1992 Code, § 12.5-35) (Ord. 24-09, passed 3-16-2009; Ord. 03-11, passed 1-18-2011; Ord. 57-12, passed 8-7-2012; Ord. 116-23, passed 12-5-2023)