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2.46.090. Consideration of complaint after acceptance

            (1)        After acceptance of a complaint, the Commission has the discretion to:

                        (a)        Conduct a confidential, independent administrative investigation of the complaint;

                        (b)        Refer the matter to an independent non-criminal investigator for fact finding and investigation and consider the confidential report of the investigator;

                        (c)        Conduct a hearing in accordance with Subsection (2) of this Section; or

                        (d)        Any combination of the above.

            (2)        If the Commission uses a hearing to review the complaint, the Commission shall:

                        (a)        Assure that the hearing includes opening arguments, presentation of evidence, witnesses and rebuttal, consideration of motions, and closing arguments;

                        (b)        Close the hearing to the public;

                        (c)        Allow the complainants and the named elected or appointed official to retain legal representation, at their discretion; and

                        (d)        Provide administrative subpoenas pursuant to its subpoena powers.

            (3)        For any hearing the Commission must provide a notice to the first named complainant and the named elected or appointed official at least five (5) business days prior to the hearing.

            (4)        The Commission shall determine whether the subject matter of the complaint was previously the subject of a filing, public disclosure, or a City Attorney ethics advisory opinion.  The Commission shall take into consideration efforts by the named elected or appointed official to seek legal direction regarding the subject matter of the complaint and any good faith efforts by the named elected or appointed official in response to legal advice received.

            (5)        The Commission shall ensure that a record of any Commission meeting or hearing is made, which shall include:

                        (a)        Audio recordings, if any;

                        (b)        Official summaries or minutes taken during the meeting or hearing;

                        (c)        Copies of all documents or other items admitted into evidence or considered by the Commission;

                        (d)        Copies of a document or written order or ruling issued by the Commission; and

                        (e)        Any other information the Commission deems relevant to the findings and recommendation.

Ord. No. 13-04, Enacted, 1/17/2013

Municipal Code (PDF Format)

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