(a) The Trotwood Ethics Commission shall receive and may initiate complaints against any Councilmembers and/or members of any board or commission established by the City through its Charter or other legislation within the City, subject to the provisions of Resolution 87-5, concerning conduct alleged to be in violation of such Resolution.
(b) All complaints shall be by affidavit made of personal knowledge, subject to the penalties of perjury. Complaints by the TEC shall be by affidavit, based upon a reasonable cause to believe that a violation has occurred. The TEC shall investigate charges presented to it. The TEC may request further information, including the specific amount of income from a source, from any person filing with the TEC if the information sought is directly relevant to the complaint or charges received by the TEC pursuant to this section. Such information is confidential.
(1) The person so requested shall furnish information to the TEC within fifteen days from the date of the request unless the person files an action for declaratory judgment challenging the legitimacy of the request to the County Court of Common Pleas.
(2) The requested information need not be furnished to the TEC during the pendency of judicial proceedings. Proceedings of the TEC in connection therewith shall be kept confidential, except as otherwise provided by this section. Before the TEC proceeds to take any formal action against a person who is the subject of an investigation based on charges presented to the TEC, a complaint shall be filed against the person. If the TEC finds that a complaint is not frivolous and there is reasonable cause to believe that the facts alleged in the complaint constitute a violation of Resolution 87-5, it shall hold a hearing. If the TEC does not so find, it shall dismiss the complaint.
(3) The person against whom the complaint is directed shall be given reasonable notice by certified mail of the date, time and place of a hearing, a statement of the charges and the violation directly involved, and shall be given the opportunity to be represented by counsel, to have counsel appointed for him if he is unable to afford counsel without undue hardship, to examine the evidence against him, to produce evidence and to call and subpoena witnesses in his defense, to confront his accusers, and to cross examine witnesses. The TEC shall have a stenographic record made of the hearing. The hearing shall be closed to the public.
(4) If upon the basis of the hearing the TEC finds, based upon a preponderance (defined as a greater weight) of the evidence, that the facts alleged in the complaint are true and constitute a violation of Resolution 87-5, it shall report its findings to the appropriate prosecuting authority for proceedings and prosecution of the violations, in addition to having the right to declare the seat of the Councilmember, board member and/or commission member vacant, by resolution of Council, five members concurring, pursuant to Charter Section 3-4.
(5) If the TEC does not find based upon a preponderance (defined as the greater weight) of the evidence, that the facts alleged in the complaint are true and constitute a violation of Resolution 87-5, or if the TEC has not scheduled a hearing within thirty days after the complaint is filed, or has not finally disposed of the complaint within six months, ninety days after it has been heard, it shall dismiss the complaint; and upon the request of the accused person, make a public report of the findings, but in such case all evidence and the record of the hearing shall remain confidential unless the accused person also requests that the evidence and record be made public. Upon request of the accused person, the TEC shall make the evidence and the record available for public inspection.
(1987 Code, Sec. 32.54B, C)