(A) Complaints alleging a violation of this chapter shall be filed with the Ethics Commission.
(B) 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.
(C) (1) 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 chapter, 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. 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. The Commission shall also notify the attorney designated by the corporate authorities to prosecute the actions before the Commission as to the ruling on the sufficiency of the complaint so that the designated attorney can prepare appropriately for the hearing.
(2) If the complaint is deemed sufficient to allege a violation of §§ 36.02 or 36.03 of this chapter 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. 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.
(D) 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; provided, however, that, the hearing shall be open to the public if the respondent requests that it be open.
(E) (1) Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either:
(a) Dismiss the complaint; or
(b) Issue a recommendation for discipline to the alleged violator and to the Village Manager or the Village Board, as the case may be, or impose a fine upon the violator, or both.
(2) The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information.
(F) 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 (E) above within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall render the decision before the date of that election, if possible.
(G) The Commission may fine any person who knowingly or intentionally violates any provision of § 36.02 of this chapter in an amount of not more than $2,500. The Commission may fine any person who knowingly or intentionally violates any provision of § 36.03 of this chapter in an amount of not more than $5,000. The Commission may fine any person who knowingly or intentionally files a frivolous complaint alleging a violation of this chapter in an amount of not more than $5,000. The Commission may also recommend any appropriate discipline up to and including discharge.
(H) A complaint alleging the violation of this chapter must be filed within one year after the alleged violation.
(Ord. 04-13, passed 5-25-2004)