There is hereby established a Board of Ethics
which shall be charged with the administration of the Code of Ethics.
[Amended 10-4-1993; 1-3-1994; 2-6-1995; 8-2-1999]
A. The Board of Ethics shall have the power to investigate
a written complaint concerning official conduct of any City official
or employee. Any person (complainant) may file a complaint with the
Board on a form prescribed by the Board. The complaint shall be signed
under penalty of false statement and shall state the name of the person
accused (respondent) and the specific acts alleged to constitute the
violation. Specific acts alleged to constitute the violation(s) of
the Code of Ethics must be stated or the complaint will be rejected
by the Board. The complainant must sign an acknowledgment that the
complaint and its contents are confidential unless and until the Board
makes a finding of probable cause or the respondent requests that
they be made public.
B. If the investigation of the complaint is confidential,
the allegations in the complaint and any information supplied to or
received from the Board shall not be disclosed during the investigation
to any third party by a complainant, respondent, witness, designated
party or Board or staff member.
C. Written acknowledgment of receipt of the complaint
shall be sent to the complainant, and a copy of the complaint shall
be sent by the Board to the respondent within seven days of the date
that the Board meets and reviews the complaint. Upon receipt the respondent
may either request a hearing or may submit a written statement as
to whether the complaint states a violation. The time for response
shall be set by the Board but shall not be less than seven days nor
more than 30 days.
D. If after investigation the Board determines that the
complaint does not allege facts sufficient to constitute a violation
of the Code of Ethics, it shall dismiss the complaint. Within three
days after the end of its investigation the Board must notify the
complainant and respondent of its findings and provide a summary of
those findings.
E. If the Board determines that the complaint alleges
sufficient facts to state a violation, the Board shall fix a date
for the commencement of a hearing on the complaint, which shall not
be more than 60 days from the finding of probable cause. The Board
shall make public such a finding of probable cause not later than
five business days after the termination of the investigation. At
such time the entire record of the investigation shall become public.
The Board shall give notice of the date fixed for the hearing at least
14 days before the date of the hearing. The hearing may be continued
from time to time in the discretion of the Board. The hearing shall
be open to the public.
F. At such hearing oral evidence shall be taken under
oath. The complainant and respondent shall have the right:
(1) To be represented by legal counsel;
(3) To examine and cross-examine witnesses.
G. The hearing shall be recorded by a stenographer or
a recording device provided by the Board. If the Board does not provide
a stenographer, the complainant or respondent may employ a stenographer
at his own expense. If a transcript is made, a copy shall be supplied
to the Board and another made available to the other party upon payment
of 1/2 of the cost of obtaining the transcript.
H. The Board shall render its findings in writing within
30 days after the conclusion of the hearing on the complaint. A copy
of the findings shall be sent to the complainant and respondent. If
the Board's decision is that the complaint was justified a copy of
the decision shall be sent to the Mayor, Common Council or other authority
for action in accordance with the appropriate ordinance, Charter provision
or state statute.
I. No finding of a violation of this chapter shall be
made except upon the concurring vote of three members of the Board.
J. No complaint may be made under this section except
within three years next after the violation alleged in the complaint
has been committed.
A clerk shall be provided to record the minutes
of meetings and provide secretarial services to the Board.