§ 2-806. Investigations and hearings.

The board shall conduct investigations into alleged violations of the ethics code and of matters under the jurisdiction of the independent compliance officer, hold hearings and issue decisions as prescribed below:

(1)

The proceedings of the board and records shall be open unless otherwise permitted by state law.

(2)

Upon request of the board, the city attorney, or any attorney representing the city attorney's office, or in the event of a conflict, any attorney who shall be selected by a majority of the board and who will provide pro bono services to the board, shall advise the board of ethics.

(3)

a.

Preliminary investigation of complaint. The ethics officer or the independent compliance officer, shall conduct a preliminary investigation of any complaint and provide a written report to the board discussing the officer's findings and recommend to the board whether there is probable cause for belief that this division, or any matters under the jurisdiction of the independent compliance officer have been violated warranting a formal hearing.

b.

If the board determines after the preliminary investigation of a complaint that there does not exist probable cause for belief that this division has been violated, the board shall so notify the complainant and the subject of the investigation. If the board determines after a preliminary investigation of the complaint that there does exist probable cause for belief that this division, or any matters under the jurisdiction of the independedent compliance officer have been violated, the board shall give notice to the person involved to attend a hearing to determine whether there has been such a violation.

(4)

For use in proceedings under this division, the board shall have the power to issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence. Any person who fails to respond to such subpoenas may be subjected to the penalties set forth in section 2-807 of this division.

(5)

All hearings of the board pursuant to this section shall be as follows:

a.

All testimony shall be under oath, which shall be administered by a member of the board. Any person who appears before the board shall have all of the due process rights, privileges and responsibilities of a witness appearing before the courts of this state. Any person whose name is mentioned during a proceeding of the board and who may be adversely affected thereby may appear personally before the board on such person's own behalf or may file a written sworn statement for incorporation into the record to be made part of all proceedings pursuant to this subsection.

b.

The board's decision shall be governed by a preponderance of the evidence standard.

c.

At the conclusion of proceedings concerning an alleged violation, the board shall immediately begin deliberations on the evidence and proceed to determine by a majority vote of members present whether there has been a violation of this division. The findings of the board concerning a violation and the record of the proceedings shall be made public by the board as soon as practicable after the determination has been made.

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