(A) The Ethics Commission has jurisdiction over current or former public officials, current or former employees, and current or former appointed persons for acts or omissions during their employment, elected term, or appointment. The Ethics Commission shall consist of five residents of the city. Appointments to the Ethics Commission shall be made as follows:
(1) The President of Valparaiso University shall appoint one member for an initial term of one year.
(2) The President of Porter Hospital shall appoint one initial member for a term of two years.
(3) The Board of Directors of the Greater Valparaiso Chamber of Commerce shall appoint an initial member for a term of one year.
(4) The Chief Executive Officer of the largest for-profit employer in the city shall appoint one initial member for a period of two years.
(5) The four appointees shall designate a fifth member who shall serve an initial term of one year. The fifth member shall not be an employee from Valparaiso University, Porter Hospital, the Greater Valparaiso Chamber of Commerce, or the largest for-profit employer in the city.
(6) Thereafter all appointing bodies shall make appointments for a period of two years with the understanding that no individual shall serve for a period of more than three consecutive two year terms.
(7) No person appointed to the Ethics Commission shall be a public official.
(B) The Mayor shall appoint an attorney to serve as legal counsel for the Ethics Commission. Legal counsel for the Ethics Commission shall advise and counsel the Ethics Commission as necessary, but he or she is not a member of the Ethics Commission.
(C) (1) Every public official, appointed person, or employee when in doubt about the applicability and interpretation of any city ethics law to himself or herself in a particular context, may submit in writing the facts of the situation to the Ethics Commission with a request for an advisory opinion to establish the standard of public duty. Any public official or employee who has the power to hire or terminate employees may likewise seek an advisory opinion from the Ethics Commission as to the application of the provisions of the ethics laws to any such employee or applicant for employment. An advisory opinion shall be rendered by the Ethics Commission, and each such opinion shall be numbered, dated and published.
(2) Such opinion, until amended or revoked, shall be binding on the conduct of the public official or employee who sought the opinion or with reference to whom the opinion was sought, unless material facts were omitted or misstated in the request for the advisory opinion.
(3) The Ethics Commission shall assist in the preparation of materials and programs designed to assist persons in complying with the ethics laws and this chapter. The Ethics Commission shall work with the Ethics Officer in establishing, presenting, and expanding the city's ethics education program.
(D) A complaint to allege a violation of this chapter shall be in writing and notarized.
(1) Complaints concerning city employees or public officials that are department heads shall be submitted to the Ethics Officer. The Ethics Officer shall handle such complaints in accordance with § 36.22(C).
(2) Complaints concerning public officials who are not city employees shall be submitted to the Chairperson of the Ethics Commission. The Chairperson shall provide an unredacted copy of the complaint to all members of the Ethics Commission, the attorney for the Ethics Commission, and the person who is the subject of the complaint.
(E) Upon receipt of a complaint, the Ethics Commission may:
(1) Upon a majority vote, reject, without further proceedings, a complaint that the Ethics Commission considers frivolous or inconsequential;
(2) Upon a majority vote, reject, without further proceedings, a complaint that the Ethics Commission is satisfied has been dealt with appropriately by a federal, state, or local agency; or
(3) Upon a majority vote, determine that the complaint does not allege facts sufficient to constitute a violation of this chapter and dismiss the complaint.
(F) If the complaint is not disposed of under division (E) of this section, the Ethics Commission may undertake any additional investigation deemed appropriate to determine if probable cause exists to support the allegations in the complaint. If the Ethics Commission finds by a majority vote that probable cause exists to support an alleged violation of this chapter, it shall convene a public hearing on the matter within 60 days after making the determination. The person who is the subject of the complaint shall be notified within 15 days of the Ethics Commission's determination of probable cause. The subject of the complaint or person filing the complaint may request a continuation of the hearing date and, if approved by the Ethics Commission, a date will be scheduled no later than 30 days after the original hearing date. Except as provided in this section, the Ethics Commission's evidence relating to a complaint and investigation is confidential.
(G) (1) A complaint that is filed with, or proceeding that is held by, the Ethics Commission before there has been a finding of probable cause is confidential unless the subject of the complaint or investigation elects to have information disclosed, or the Ethics Commission elects to respond to public statements by the person who filed the complaint. The Ethics Commission may acknowledge:
(a) The existence of an investigation before the finding of probable cause; or
(b) That the Ethics Commission did not find probable cause to support an alleged violation.
(2) A complaint filed with the Ethics Commission is open for public inspection after the Ethics Commission finds that probable cause exists. The Ethics Commission may compel the attendance and testimony of witnesses and the production of relevant records and documents by a subpoena enforceable by the Porter County Circuit or Superior Court.
(H) If a hearing is to be held, the subject of the complaint may examine and make copies of all evidence in the Ethics Commission's possession relating to the complaint. At the hearing, the charged party shall have the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. The person filing the complaint shall also have the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. The only evidence to be considered must be given under oath or affirmation.
(I) After the hearing, the Ethics Commission shall provide a report, in writing, of its findings of fact. A finding, by a majority vote, of a violation of this chapter, or any other statute or rule establishing standards of official conduct of public officials, appointed persons, or employees, shall be signed by a majority of the Ethics Commission's members and shall be made public. The report shall be presented to:
(1) The subject of the complaint;
(2) The city's Mayor; and
(3) The city's Common Council.
(J) The Ethics Commission may also forward its report to any of the following:
(1) The prosecuting attorney and law enforcement agency of each county in which the violation occurred;
(2) The state board of accounts;
(3) The attorney general; or
(4) Any other appropriate person.
(Ord. 37-2005, passed 9-11-06)