Sec. 1-42. Rules of procedure.
The city attorney's office shall promulgate rules of procedure for complaints that are fair to the person who made the complaint as well as to the person who is the subject of the complaint. The rules shall:
(1) Establish timelines for all aspects of its handling of complaints. The timelines shall be sufficiently long to enable a person who is the subject of a complaint to have adequate time to understand the complaint and prepare a response. The rules shall allow the panel to alter the time lines upon a request of the subject of a complaint for more time to prepare;
(2) Require the complaint to be in writing on a form approved by the city clerk, to be signed, and to show the home or business address and telephone number of the person who submitted it. The form shall contain a statement that must be signed and which states that, to the best of the person's knowledge, information, and belief, the information in the complaint is true. The rules shall require the complaint to describe the facts that constitute the violation of this code of ethics in sufficient detail so that the panel and the person who is the subject of the complaint can reasonably be expected to understand the nature of any offense that is being alleged;
(3) Prohibit the panel from accepting complaints about actions that took place more than one year prior to the date of filing;
(4) The city clerk's office shall notify the person who is the subject of the complaint that a complaint has been filed. The rules shall require the panel to provide the notification in a timely manner. The rules shall require the notification to include a copy of the full complaint, a copy of any portion of this article that is alleged to have been or that may be violated, and the panel's rules for dealing with complaints. The rules shall recognize that distribution to the public of a complaint prior to screening by the panel as required in subsection (5) of this section could harm the reputation of an innocent person and is contrary to the public interest; therefore, the rules shall prohibit the public release of the complaint until the screening process in subsection (5) has been completed;
(5) The panel of judges shall consult in confidence within 15 business days of being appointed to screen the complaint, and such screening shall take place prior to any public release of the complaint. The rules shall allow the panel to immediately dismiss a complaint if it finds that:
a. It has no jurisdiction;
b. The alleged violation, if true, would not constitute a violation of this article;
c. The alleged violation is a minor violation;
d. The complaint is, on its face, frivolous, groundless, or brought for purposes of harassment; or
e. The matter has become moot because the person who is the subject of the complaint is no longer an elected official.
The rules shall require the dismissal and the reason for dismissal to be in writing and made available to the person who made the complaint as well as to the person who is the subject of the complaint.
(6) Allow the panel, at its discretion, to make a finding solely on the basis of written arguments without holding a public hearing, if:
a. The person who is the subject of the complaint has not otherwise requested a hearing; and
b. The panel finds that:
1. There is no significant discrepancy in the facts as presented by the person filing the complaint and the person who is the subject of the complaint; and
2. There is no need for any additional information.
(7) Require the panel to conduct hearings on complaints that have not otherwise been dismissed or resolved pursuant to subsections (5) and (6) of this section, and hearings shall be open to the public;
(8) Allow any person who is the subject of a complaint to designate a representative if he or she wishes to be represented, to present evidence, and to cross-examine witnesses. The rules shall allow the person who submitted the complaint and the subject of the complaint sufficient time to examine and respond to any evidence not presented to them in advance of the hearing;
(9) Require deliberations on complaints to be conducted in closed session unless otherwise requested by the person who is the subject of the complaint;
(10) Allow the panel to dismiss a complaint without a finding if the panel finds that the subject of the complaint:
a. Committed the violation due to oversight; and
b. Has since come into voluntary compliance with this article.
(11) Allow the panel to dismiss a complaint if the person who submitted it does not appear at the hearing and the panel finds that it would be unfair to the subject of the complaint not to have the opportunity to examine the person. The rules, however, shall require the panel to schedule the hearing at a time that is reasonably convenient to both the person who submitted the complaint and the subject of the complaint;
(12) Require the panel to base a finding of a violation upon clear and convincing evidence; and
(13) Require that all findings and recommendations be approved by a majority of the panel. (Ord. No. 2019-51, § 1, 8-19-2019)