04/22/2010 Special Meeting - Laserfiche WebLink

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Commission, unless the Commission requests, and is granted one thirty (30) d exten on by the city council. This Section 9.8 shall not be applicable to complaints filed with the Co ission. Section 9.9. Defense to Alleged Violations. It shall be a defense to an alleg d violat on of this Ethics Ordinance that the person accused previously requested, and received, aii adviso opinion and recommendation from the Commission, and acted on such opinion or reco endati n in good faith, unless material facts were omitted or misstated by the person requesting he opi on. Such advisory opinion and recommendation shall also be binding on the Commissio in any bsequent charges concerning the person who requested the opinion and recommendatio . Section 9.10. Disposition of Alleged Ethics Violations. (a) A sworn complaint based on personal knowledge alleging a iolatio s) of this ordinance shall specify the provision(s) of this ordinance alleged to have been iolate and shall name the public servant being charged. (b) Upon the aforesaid sworn complaint of any person being led wit the city secretary's office, ar on its own initiative, the Commission shall consider possib e violat ns of this ordinance by any public servant. A complaint shall not be deemed to be filed n the i itiative of the Commission, save and except the complaint be signed and sworn by two O mem ers of the Commission, one of which is the chairperson of the Commission, after consult tion wit'i the legal counsel of the Commission. A complaint filed by an individual member of the Commi sion shall be deemed to have been filed in the Commission member's capacity as a private itizen d, in such event, the member of the Commission filing the complaint shall not therea er parti ipate in a Commission meeting at which such complaint is considered save and except he Co issioner filing the complaint may participate as a complainant at such meeting. (c) A complaint alleging a violation of this ordinance must be iled wi the city secretary within two (2) years from the date of the action alleged as a violation, and not fterward. (d) Not later than three (3) working days after the city secretary receiv a sworn complaint, the city secretary shall acknowledge the receipt of the complaint to the compl 'nant, and provide a copy of the complaint to the city attorney, the independent counsel, th Co ssion, and the person against whom the complaint was alleged. Not later than ten (10) orking days after receipt of a complaint, the Commission shall notify in writing the person who ade the omplaint and the person against whom the complaint was alleged, of a date for a prelimi ary he 'ng. If the Commission does not hold a preliminary hearing within twenty (20) days of rec 'pt of the complaint, it shall notify the person who made the complaint of the reasons for the dela and shall subsequently give him the appropriate notification. (e) The Commission may consider possible violations of this or 'nance n its own initiative. Within seven (7) working days of the Commission's decision to onsider possible violation of this ordinance, the Commission shall draft a written compl 'nt spe fying the provision(s) of this ordinance alleged to have been violated and shall file a opy w h the city secretary, and provide a copy to the city attorney, the independent counsel, anthe per, n against whom the complaint was alleged. Not later than fifteen (15) days after t e dra ng of the 14 . 107