(A) Any properly filed complaint shall be reviewed by the Chair of NDPRC, or if he or she is unavailable, his or her designee NDPRC member, within 30 days. The Chair or designee of the Chair may personally investigate the complaint or direct authorized town staff, outside authorized consultants, the complaint. A properly filed complaint shall be shared with all NDPRC members, but shall remain confidential during investigation. A properly filed complaint shall also be shared with the person, association or corporation who is the subject of such complaint.
(B) If the Chair determines that no probable cause exists showing that a violation of this chapter has occurred, the Chair may dismiss the complaint and shall inform the complainant and the person, association, or corporation who was the subject of such complaint.
(C) If, after investigation, the Chair determines that probable cause exists that allegations made in a properly filed complaint are likely to be true or support a possible finding of substantive violation of this chapter, the Chair shall inform the complainant and the person, association or corporation who is the subject of such complaint ofthis preliminary determination and offerthe parties the opportunity to remediate the subject of such complaint. The Chair may designate authorized town staff, outside authorized consultants, other NDPRC member(s), or law enforcement (if authorized by the town executive) to participate in such effort. No discussions, writings or communications made in an effort to discuss remediation shall be used at any later proceeding as an admission of violation or absence of violation. If the parties are unable to agree upon a resolution to the complaint within 30 days after receiving notice, the Chair may call a hearing for the matter before the NDPRC.
(D) At or after a hearing regarding a complaint, a majority vote (requiring at minimum three votes on the prevailing side) may take any of the following actions: dismiss the complaint, order the subject of the complaint to cease or alter any violating activity, order the subject of the complaint to pay a fine to the town or actual damages to the complainant (if actual economic harm to the complainant is shown by clear and convincing evidence) of up to $1,250 for each violation of this chapter, order the complainant to pay a fine to the town or actual damages to the subject of the complaint (if actual harm to the subject of the complaint is shown by clear and convincing evidence) of up to $1,250 for each complaint which is determined to be false and intended to harm the subject of the complaint. All determinations of a complaint by NDPRC shall be provided in writing to the complainant and subject of such complaint.
(E) A determination of the NDPRC may be appealed by the complainant or subject of such complaint, within 30 days of receiving written notice of a final determination by NDPRC. The Town Council may review the record and uphold, reverse, or alter any final finding of the NDPRC or penalty imposed by the NDPRC. If the Town Council takes no formal action on the matter within 60 days, the action of the NDPRC is considered final, although subject to any judicial review allowed by law.
(Ord. 2015-09, passed 7-7-2015)