§ 39.084 INVESTIGATIONS.
   (A)   Initiation of investigation. Upon the sworn complaint, on a form prescribed by the Board of Ethics, signed under penalty of false statement, of any person, or upon its own complaint, alleging facts which if true would constitute improper conduct under the provisions of the Charter of the city or this chapter, the Board of Ethics shall conduct an investigation of the alleged violation.
   (B)   Notice to respondent.
      (1)   Generally. The Board of Ethics shall not later than five days after receipt or issuance of the complaint notify by registered or certified mail any public official, employee or member of a board or commission or person against whom the complaint (the "respondent") is filed and a copy of the complaint shall accompany the notice.
      (2)   Additional notice.
         (a)   The Board of Ethics shall not later than five days after receipt or issuance of the complaint notify by registered or certified mail:
            1.   The supervisor of any public official, employee or member of a board or commission against whom the complaint is filed; or
            2.   The appropriate department head, in the case of a board or commission member, and a copy of the complaint shall accompany the notice.
         (b)   The Board of Ethics shall also notify the complainant of its receipt of the complaint not later than five days thereafter.
   (C)   Investigation of probable cause. The Board of Ethics shall attempt to conclude all investigations to determine whether or not there is probable cause that a violation of the Charter of the city or the code of ordinances has occurred, within 60 days of the initiation of any complaint hereunder.
   (D)   Determination of probable cause.
      (1)   Generally. The Board of Ethics shall make no finding that there is probable cause to believe that the respondent is in violation of any provision of the Charter of the city or the code of ordinances, except upon the concurring vote of three of its members.
      (2)   Notification of determination. The Board of Ethics shall not later than three business days after the termination of the investigation notify the complainant and the respondent that the investigation has been terminated and the results thereof.
   (E)   Public hearings.
      (1)   Generally. Public hearings shall be conducted in a manner fair to the respondent and in conformity with the requirements of the Freedom of Information Act.
      (2)   Rights of the respondent. The respondent shall have the right to:
         (a)   Appear and be heard and to offer any information, which may tend to clear him of probable cause indicating that he has violated any provision of the Charter of the city or this chapter; and
         (b)   Be represented by legal counsel, at his expense, and examine and cross-examine witnesses.
(Ord. passed 8-11-2003)