(A) After review of the complaint, the independent attorney shall determine whether there is clear and convincing evidence supporting a violation of the Tinley Park Ethics Ordinance Code by the named elected official or employee. If there are multiple alleged violations, the independent attorney shall separately determine whether clear and convincing evidence supports each violation.
(B) If the independent attorney determines that no allegations in the complaint were proved, the independent attorney shall:
(1) Issue an order that the complaint is dismissed because no allegations in the complaint were found to have been proven; such an order is final and non-reviewable.
(2) Provide notice of the determination of complaint being unsubstantiated regarding the unidentified elected official or employee to the Mayor and Board of Trustees.
(3) Provide written notice of the determination to the named elected official or employee and the first named complainant on the complaint.
(C) If the independent attorney determines that one or more of the allegations in the complaint were proved, the independent attorney shall:
(1) Prepare written summary findings and a recommendation for the Village Board:
(a) Listing the name of each complainant and the name of the elected officer or employee;
(b) For each allegation that was proven:
1. Provide the reference to the Tinley Park Municipal Code.
2. Summarize the evidence supporting a violation by clear and convincing evidence;
3. Make factual findings; and
(c) Recommend appropriate action to the Village Board;
(2) Notify the named elected official or employee and the first complainant on the complaint of the written summary findings and recommendation for the Village Board; and
(D) If the independent attorney finds a violation of this chapter, the independent attorney may recommend to the Village Council any appropriate action or remedy, including, but not limited to, censor, reprimand, additional ethics training, or the filing of civil ordinance violation claim in the Circuit Court of Cook County. The independent attorney’s recommendation may depend on the severity of the violation, the elected official’s or employee’s intent, any history or pattern of abuse by the named elected official or employee, and any economic or other benefit received by the named elected officer or employee.
(Ord. 2018-O-030, passed 5-15-18)