A. Complaints alleging a violation of this chapter shall be filed with the ethics commission.
B. Within three (3) 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 (3) 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. Upon not less than forty eight (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 (7) business days after receiving the complaint.
D. If the complaint is deemed sufficient to allege a violation of section 1-9-1-3 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 (4) weeks after the receipt of the complaint. Alternatively, the commission may elect to notify in writing the city prosecutor and request that the complaint be adjudicated judicially. 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.
E. If the complaint is deemed sufficient to allege a violation of section 1-9-1-2 of this chapter, then the commission shall notify in writing the city prosecutor and shall transmit to the attorney the complaint and all additional documents in the custody of the commission concerning the alleged violation.
F. On the scheduled date and upon at least forty eight (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.
G. Within thirty (30) days after the date the hearing or any recessed hearing is concluded, the commission shall either: 1) dismiss the complaint or 2) issue a recommendation for discipline to the alleged violator and to the officer having authority to discipline the officer or employee, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information.
H. If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven (7) business days after the issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the demand shall stay the enforcement of the recommendation or fine. Within fourteen (14) days after receiving the demand, the commission shall conduct a public hearing on the complaint upon at least forty eight (48) hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within seven (7) days thereafter, the commission shall publicly issue a final recommendation to the alleged violator and to the officer having authority to discipline the officer or employee or impose a fine upon the violator, or both.
I. If a complaint is filed during the sixty (60) days preceding the date of any election at which the respondent is a candidate, the commission shall render its decision as required under subsection G of this section within seven (7) days after the complaint is filed, and during the seven (7) days preceding that election, the commission shall render such decision before the date of that election, if possible.
J. The commission may fine any person who intentionally violates any provision of section 1-9-1-3 of this chapter in an amount of not less than one thousand one dollars ($1,001.00) and not more than five thousand dollars ($5,000.00). The commission may fine any person who knowingly files a frivolous complaint alleging a violation of this chapter in an amount of not less than one thousand one dollars ($1,001.00) and not more than five thousand dollars ($5,000.00). The commission may recommend any appropriate discipline up to and including discharge.
K. A complaint alleging the violation of this section 1-9-1 must be filed within one year after the alleged violation. (Ord. 2130, 4-19-2004)