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(a) Any duty required of the city clerk under this section may also be carried out by an individual formally designated by the clerk.

(b) Any person who believes that a violation of this article has occurred may file a sworn complaint, in written or online form, with the city clerk no later than 120 days after the date of the alleged violation. The city clerk must notify the respondent and provide them with a copy of the complaint within two business days of receiving the complaint. Within 10 business days of receiving a complaint, the city clerk must complete an initial review to determine whether the complaint was timely filed and whether it alleges sufficient facts to support a factual and legal basis for each alleged violation.

(c) If the clerk determines that the complaint was untimely filed or that it lacks sufficient facts to support a factual and legal basis for each alleged violation, the clerk must dismiss the complaint and send notice of dismissal and an explanation of the complaint's deficiencies to the complainant and respondent.

(d) If the clerk determines that a complaint alleges a failure to file or otherwise disclose required information, or alleges another curable violation, the clerk must notify the respondent, within two business days of completing the initial review under subsection (b) of this section, of the opportunity to cure. The respondent must cure and provide any additional documentation required by the clerk no later than five business days after receiving the cure notice from the clerk.

(e) If the city clerk determines that the complaint is timely and that it alleges sufficient facts to support a factual and legal basis for one or more of the alleged violations, which have not been cured under subsection (d) of this section, the city clerk must send a notice to the complainant and respondent, and thereafter must appoint a hearing officer who may not be an officer, employee, or agent of the city, and may not have any conflict of interest with the complainant or respondent. The city clerk must set a date for the hearing, which shall be no later than 60 days from the date the complaint was filed. Public notice of the date, time, and location of each hearing, and the nature of the complaint must be posted in the office of the city clerk and made available online no less than seven business days before the date of the hearing.

(f) A complainant is not a party to the city clerk's initial review or any proceedings before a hearing officer, as described in this section.

(g) All testimony must be under oath. The respondent and the city clerk may present evidence to the hearing officer in the form of testimony, documents, rebuttal testimony, and opening and closing statements. The hearing officer is entitled to examine any witness and request the submission of additional evidence and arguments.

(h) The city clerk and, upon referral to a hearing officer, a hearing officer are authorized to issue subpoenas to compel the attendance of witnesses and the production of documents. Upon a failure of any witness to obey the subpoena, the city clerk may petition the appropriate district court for relief. Upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce evidence. Failure to obey the order of the court is punishable as a contempt of court.

(i) All records of hearings under this section are public records and must be made available online on a publicly accessible website. (Ord. No. 2020-58, § 2, 11-16-2020)