(A) Within ten business days after receipt of an ethics complaint, the independent attorney shall examine the complaint to determine if it is in compliance with the filing requirements of this chapter.
(B) If the independent attorney determines that the complaint does not comply with the filing requirements of this chapter, the independent attorney shall return the complaint to the first complainant named on the complaint with a statement detailing the reason(s) for non-compliance. If a complaint is returned by the independent attorney, the complainants may file another complaint if the new complaint independently meets the filing requirements of this chapter.
(C) If the independent attorney determines that the complaint complies with the filing requirements of this chapter, the independent attorney shall:
(1) Accept the complaint;
(2) Promptly forward the complaint to the elected official or employee who is named in the complaint, together with directions for providing a response to the independent attorney if the elected official or employee so desires;
(D) If the independent attorney learns that the subject of the complaint is under criminal investigation, the independent attorney may suspend its review of the complaint pending the resolution of the criminal investigation.
(E) The named elected officer or employee shall have the right to present an answer to the complaint. The answer may contain statements, arguments, and evidence. The answer must be filed within ten business days from the date the complaint was forwarded to and received by the elected official or employee.
(F) The independent attorney shall dismiss an ethics complaint if:
(1) The named elected official resigns or is removed from office or the named employee terminates employment with the village;
(2) The named elected official or employee is charged with a criminal violation or a civil lawsuit is filed where the facts and allegations presented in the ethics complaint assert substantially similar facts and allegations as those asserted in the criminal charges; or
(3) The allegations in the complaint, if assumed to be true, do not state a violation of the Tinley Park Village Code.
(Ord. 2018-O-030, passed 5-15-18)