(A) In order to effectively manage the receipt of complaints concerning violations of this policy, as soon as possible after a complaint is filed, the Village President shall appoint a three member Ethics Commission. If the Village President is the subject of the complaint, the Board of Trustees shall perform this duty. Commission members may be any village resident, except that no person shall be appointed who is related, either by blood or by marriage, up to the degree of first cousin, to the person who is the subject of the complaint.
(B) At the Commission’s first meeting, the Commissioners shall choose a Chairperson from its number. Meetings shall be held at the call of the Chairperson or any two Commissioners. A quorum shall consist of two Commissioners, and official action by the Commission shall require the affirmative vote of two members. The Commission shall have the following powers and/or duties:
(1) To adopt procedures and timelines to manage a complaint and determine the complaint’s disposition;
(2) To investigate a complaint, conduct hearings, and receive information pertaining to it;
(3) To request the assistance of an attorney;
(4) To issue recommendations for disciplinary actions and/or refer violations to the village’s attorney for prosecution. The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this policy and not upon its own prerogative;
(5) To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the village to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge; and
(6) The powers and duties of the Commission are limited to matters clearly within the purview of this policy.
(C) (1) Within three business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed.
(2) (a) Upon not less than 48 hours’ public notice, the Commission shall meet 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 probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act, being 5 ILCS 120/1. The Commission shall issue notice to the complainant and the respondent of the Commission’s ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within seven business days after receiving the complaint.
(b) If the complaint is deemed sufficient to allege a violation of § 30.092 and there is a determination of probable cause, then the Commission’s notice to the parties shall include a hearing date scheduled within four weeks after the complaint’s receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public.
(c) If the complaint is deemed sufficient to allege a violation of § 30.091, then the Commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation.
(3) On the scheduled date and upon at least 48 hours’ public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act, being 5 ILCS 120/1.
(4) Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either: dismiss the complaint; or issue a recommendation for discipline to the alleged violator and to the Village President or other officer having authority to discipline the officer or employee, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information.
(5) (a) If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven business days after the issuance of the recommendation for discipline or imposition of a fine, or both.
(b) The filing of the demand shall stay the enforcement of the recommendation or fine.
(c) Within 14 days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least 48 hours’ public notice of the hearing and allow both parties the opportunity to present testimony and evidence.
(d) Within seven days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the Village President or other officer having authority to discipline the officer or employee, or impose a fine upon the violator, or both.
(6) If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under division (C)(4) above within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall render such decision before the date of that election, if possible.
(7) A complaint alleging the violation of this must be filed within one year after the alleged violation.
(Ord. 876, passed 5-6-2004) Penalty, see § 30.999