§ 2-803. Reporting violations.

Any person who witnesses or becomes aware of a violation of this division may complain of that violation as follows:

(1)

By appearing before a judge of the municipal court, the city solicitor or the solicitor's assistant and swearing out a complaint for the violation. Upon signing the complaint, under oath, a warrant may be issued by the municipal court for the accused to appear and answer the charges; or

(2)

By communicating with the ethics officer or the independent compliance officer. Where a complaint is communicated anonymously to the ethics officer or the independent compliance officer, such complaint shall be made in good faith, and with veracity and sufficient specificity so as to provide the ethics officer with salient and investigable facts. The ethics officer or independent compliance officer may require the anonymous complaint to be made in a manner and form that is intended only to obtain relevant facts related to the alleged violation of this division, and that is not designed to reveal the identity of the complainant; or

(3)

By filing a sworn written complaint with the ethics officer, independent compliance officer, or the board of ethics and independent compliance, as described in this division. All written complaints to be considered by the board of ethics and independent compliance and the ethics officer or independent compliance officer shall contain the following if applicable:

a.

The name and address of the person or persons who file the complaint.

b.

The sworn verification and signature of the complainant.

c.

The name and address of the party or parties against whom the complaint is filed, and if such party is a candidate and the office being sought.

d.

A clear and concise statement of acts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law under the jurisdiction of the board of ethics and independent compliance.

e.

A general reference to the statutory provision(s) of the Code within the jurisdiction of the board of ethics and independent compliance allegedly violated.

f.

Any further information which might support the allegations in the complaint including, but not limited to, the following:

1.

The name and address of all other persons who have firsthand knowledge of the facts alleged in the complaint; and

2.

Any documentary evidence that supports the facts alleged in the complaint.

(4)

Preliminary action on complaint. Upon receipt of a complaint whether by the ethics officer or independent compliance officer or by the board, the ethics officer, the independent compliance officer, or the secretary of the board shall send a written notice to the subject of the complaint by the next business day. Both this notice and any subsequent documents are subject to the Georgia Open Records Act.

(5)

Defective complaint. Upon receipt of a written, non-anonymous complaint which does not conform to the applicable requirements of paragraph (3) of this section, the ethics officer, or the independent compliance officer, shall by letter acknowledge receipt of the complaint and advise complainant of the defect in the complaint and that the complaint will not be considered by the board unless the defect is corrected.

(Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2002-44, § 1, 5-28-02; Ord. No. 2019-22(19-O-1038), § 2, 3-12-19 )