A.
Receipt of complaint.
(1)
Any person may file under oath a written, signed complaint with the
Commission alleging a violation of any provision of this chapter.
If such a complaint is not under oath or is not signed, or does not
allege facts that would support a reasonable person in concluding
that a violation of this chapter may have occurred, the Commission
shall summarily dismiss the complaint. The Commission shall inform
the complainant of its decision to dismiss the complaint within 90
days of receiving a complaint, unless the complaint is sent anonymously
or without an address.
(2)
The Commission may issue a complaint on its own motion alleging a
violation of this chapter. The complaint must be investigated by the
Town Attorney upon request of the Commission before any additional
action is taken.
(3)
After the Commission completes its review of a complaint under § 12-12A(1), any complaint not summarily dismissed shall be provided by the Commission to the person who is under investigation or subject of the complaint ("the respondent").
(4)
An independent attorney, referred to herein as Ethics Counsel, may
be appointed by the Commission to advise the Commission at any stage
of the complaint, investigation and hearing process. Ethics Counsel
must be separate from the attorney investigating and presenting a
case before the Commission.
B.
Content. The complaint shall:
(1)
Identify the person or persons who allegedly committed the violation;
(2)
Provide a statement of the facts on which the complaint is based
and that, if proven true, would constitute a violation of the provisions
of this chapter;
(3)
To the extent possible, identify the ethics rule or rules allegedly
violated; and
(4)
Identify sources of evidence, if any, that the complainant recommends
should be considered by the Ethics Commission.
C.
Confidentiality.
(1)
Once a complaint that is signed under oath alleging a violation of
this chapter is filed with the Commission, the complaint, including
the identity of the complainant and the respondent, and all proceedings,
meetings and activities of the Ethics Commission and its agents or
employees relating thereto are confidential and may not be disclosed,
unless or until:
(2)
At the request of the respondent at any time, the Ethics Commission
shall disclose the identity of the complainant to the respondent.
D.
Procedure.
(1)
Any complaint not summarily dismissed shall be referred to the office
of the Town Attorney. Through interaction with the complainant and
respondent as necessary, the attorney shall collect evidence relating
to the allegations of the complaint and refer that evidence to the
Commission for disposition.
(a)
When the subject of a complaint to the Ethics Commission is
a law enforcement officer but not the Chief of Police, the Town Attorney
shall refer the complaint to the Manchester Police Department for
investigation and possible hearing to be conducted in accordance with
LEOBR. Without violating the confidentiality provisions of LEOBR,
the Manchester Police Department shall keep the Ethics Commission
informed as to the disposition of the complaint and the outcome of
any investigation or hearing.
(2)
Prior to referring evidence to the Commission, the Town Attorney
shall notify the complainant and respondent. If, within 15 days of
the notice, the respondent takes an action which may be available
to cure all alleged violations, the complaint shall be dismissed by
a signed order if the Commission finds such action is not contrary
to the purposes of this chapter and is consistent with applicable
law.
(3)
If, upon review of the evidence collected by the Town Attorney, which
must include any facts or defenses raised by the respondent after
proper notice by the Town Attorney, the Commission determines that
the evidence does not merit further proceedings, the complaint shall
be dismissed by the Commission in a signed order. An order of dismissal
shall be sent to the complainant and to the respondent forthwith.
E.
Hearing.
(1)
If the complaint is not dismissed pursuant to Subsection D(2), the respondent shall be afforded an opportunity for a hearing before the Commission. The hearing shall be conducted within 60 days, or as soon thereafter as practical, following the preliminary inquiry and a determination by the Commission that there are reasonable grounds to believe that a violation of this chapter has occurred. The respondent and complainant will be notified in writing at least 30 days prior to the hearing date. The preliminary findings of the Commission will be forwarded to the respondent and complainant at the same time as notice of the hearing. The Commission may grant a postponement to either party upon good cause shown.
(2)
At the hearing, the Town Attorney shall present to the Commission
all evidence available relating to the complaint. All witnesses shall
make their statements under oath. The respondent may be represented
by counsel or another advisor, and the proceeding shall be conducted
in accordance with the provisions of the Administrative Procedure
Act to the extent that Act is consistent with this chapter. The respondent
charged in the complaint has the right to attend the hearing, the
right to make a statement, the right to be present and cross-examine
witnesses. Ethics Counsel may recommend to the Commission such disposition
of the complaint as appears appropriate. An audio or video recording
of the hearing shall be retained by the Commission.
(3)
After consideration of all the evidence, the Commission shall issue
a written decision, within 30 days, in which it shall make findings
of fact and conclusions of law with respect to each of the alleged
violations.
(4)
If the Commission concludes that the respondent has not violated
any of the provisions of this chapter, the Commission shall enter
an order dismissing the complaint and shall advise the complainant
and respondent.
(5)
If the Commission decides that the respondent has violated any of
the provisions of this chapter, the Commission may issue an order
of compliance to cease and desist from the violation or take other
enforcement action as authorized by this chapter.
(6)
Upon request by the Commission, the Town Attorney may file a petition
for injunctive or other relief in the Circuit Court of Carroll County.
[Amended 7-9-2013 by Ord. No. 204]
(7)
If the Commission, in the course of considering a complaint, finds
that there are reasonable grounds to believe that the respondent may
have committed a criminal offense, the matter shall be referred promptly
to an appropriate prosecuting authority. The Commission shall make
available to the prosecuting authority all pertinent evidence under
its control.
F.
Ex parte communications. Ex parte communications by or to members of the Ethics Commission are prohibited by this chapter. All attorney work product and attorney-client papers are confidential and related communications to a complaint are confidential as provided in Subsection C herein.
G.
Duty to cooperate. All Town officials and employees shall cooperate
with the Ethics Commission and shall supply requested testimony or
evidence to assist the Commission in carrying out its charge.
H.
Notification. Copies of the findings and decision must be forwarded to the complainant and the respondent. The findings and decision of the Commission are subject to the confidentiality provisions of Subsection C of this section.
I.
Similar charges. Except under § 12-12A(1), if the complaint is dismissed because the evidence failed to establish a violation of this chapter, the Ethics Commission shall not entertain any other similar complaint against the respondent based on substantially the same evidence.
[Amended 7-9-2013 by Ord. No. 204]
If the Ethics Commission determines that a violation has occurred,
it shall proceed with enforcement in compliance with the procedures
established in this chapter.
A.
A letter of notification shall be the appropriate sanction when the
violation is clearly unintentional or when the official's or employee's
conduct complained of was made in reliance on written opinion of the
Town Attorney. A letter of notification shall advise the official
or employee to whom it is directed of any steps to be taken to avoid
future violations. The Commission may direct a letter of notification
to any official or employee covered by this chapter.
B.
A letter of admonition shall be the appropriate sanction in those
cases in which the Commission finds that the violation is minor and/or
may have been unintentional, but calls for a more substantial response
than a letter of notification. The Commission may admonish any official
or employee covered by this chapter.
C.
A reprimand shall be the appropriate sanction when the Commission
finds that a violation has been committed intentionally or through
disregard of this chapter. The Commission may reprimand any Town official
or public employee covered by this chapter. A reprimand directed to
an appointed or elected Town official shall also be sent to the Town
Council. A reprimand directed to an employee shall be sent to the
Town Administrator or Chief of Police as appropriate and included
in said employee's personnel file.
D.
A recommendation of removal or suspension from office or a letter
of censure shall be the appropriate sanction when the Commission finds
that a serious or repeated violation of this chapter has been committed
intentionally or through culpable disregard of this chapter.
(1)
A recommendation of removal or suspension from office for an appointed
official shall be transmitted to the Mayor and Town Council. The final
authority to carry out such recommendations to remove from office
or suspend from office and the length of the suspension shall be with
the Mayor and Town Council.
(2)
A recommendation of suspension of Town employees shall be directed
from the Commission to the Town Administrator or Chief of Police,
as appropriate. In such cases the final authority to carry out such
recommendations to suspend from employment and the length of suspension
shall be with the Town Administrator or Chief of Police, as appropriate.
(3)
A letter of censure shall be the appropriate sanction when the Commission
finds that a serious or repeated violation of this chapter has been
committed intentionally or through culpable disregard of this chapter
by an elected official.
(4)
A letter of censure directed to an elected official shall be transmitted
to the Town Administrator, published in a local newspaper of the largest
general circulation and shall be sent to the Mayor and Town Council.
E.
Violation
of any provision of this chapter shall be a municipal infraction subject
to a fine not to exceed $1,000.
[Added 7-9-2013 by Ord. No. 204]
F.
Upon request
by the Commission, the Town Attorney may file a municipal infraction,
or petition for injunctive or other relief in the Circuit Court of
Carroll County, or in any other court having proper venue, for the
purpose of requiring compliance with the provisions of this chapter
and for assessment of a fine not to exceed $1,000.
[Added 7-9-2013 by Ord. No. 204]
[Amended 7-9-2013 by Ord. No. 204]
A.
Any person who has been found by the Ethics Commission to have intentionally
or knowingly violated any provision of this chapter may be prohibited
by the Town Council from entering into any contract with the Town
for a period of two years.
B.
It is a violation of this chapter:
C.
A business entity may be disqualified from contracting with the Town
based on the conduct of the entity's employee or agent if the conduct
occurred within the scope of employment or agency with the entity.
D.
Nothing in this section prohibits any person from receiving a Town
service or benefit, or from using a Town facility, according to the
terms generally available to the public.
All statements filed pursuant to this chapter shall be maintained
in Town Hall. These records are subject to the provision of State
Government Article 10-601 et seq. of the Public Information Act.
If any disqualification pursuant to § 12-7 leaves any Town body with less than a quorum capable of acting, or if the disqualified officials or employee is required by law to act or is the only person authorized to act, the disqualified person shall disclose the nature and the circumstances of the conflict of interest and may participate or act.
