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04/22/2010 Special Meeting
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04/22/2010 Special Meeting
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8/22/2012 3:34:52 PM
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CITY CLERK
Doc Name
04/22/2010
Doc Type
Agenda
CITY CLERK - Date
4/22/2010
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complaint, the Commission shall notify in writing the person against whom <br />alleged of the date for the preliminary hearing. <br />(f) After a complaint has been filed, and during the pending of a cc <br />Commission, a member of the Commission may not communicate directly or <br />party or person about any issue of fact or law regarding the complaint, except <br />Commission; provided that the Chairperson may consult and coordinate with i <br />the Commission. <br />(g) As soon as reasonably possible, but in no event more than <br />receiving a complaint, the Commission shall conduct a preliminary hearing. <br />(i) The issue at a preliminary hearing shall be the existE <br />grounds to believe that a violation of this ordinance ] <br />person filing a complaint, or the independent counsel i <br />upon the Commission's own initiative, shall state the al: <br />shall describe in narrative form the testimony and oth <br />would be presented to prove the alleged violations st; <br />complaint. Statements at a preliminary hearing shall be L <br />shall be no cross-examination or requests for persons or <br />the hearing. Members of the Commission may questio <br />the independent counsel for the Commission, or the publ <br />the complaint. <br />was <br />plaint efore the <br />iirectl with any <br />a mee 'ng of the <br />legal ounsel of <br />(60) ays after <br />; of asonable <br />occ ed. The <br />cases <br />nsiaerea <br />;ed vi <br />ation and <br />evide <br />ce which <br />ed in t <br />e written <br />der oat <br />, but there <br />idence <br />'ssued for <br />the co <br />plainant, <br />serv <br />l <br />named in <br />(ii) The public servant named in the complaint shall have he <br />respond, but is not required to attend or make any state ei <br />servant may describe in narrative form the testimony and th( <br />would be presented to disprove the alleged violation. If the <br />agrees that a violation has occurred, he or she may so <br />Commission may consider the appropriate sanction. <br />(iii) The complainant and the public servant named in the co p] <br />the right to representation by counsel. <br />(iv) At the conclusion of the preliminary hearing, the Comm ssion <br />whether a final hearing should be held. If the Commissi n det <br />there are reasonable grounds to believe that a violation o this o <br />occurred, it shall schedule a final hearing. If the Co issi <br />determine that there are reasonable grounds to believe th t a vic <br />ordinance has occurred, the complaint shall be automati ally d <br />decision to conduct a final hearing is not a finding t at ai <br />occurred. <br />unity to <br />e public <br />;nce that <br />servant <br />and the <br />have <br />Lll decide <br />iines that <br />iance has <br />does not <br />on of this <br />[issed. A <br />ition has <br />(v) The Commission, at any time during the preliminary earing may also <br />dismiss a complaint if the complaint does not allege co duct w'ch would <br />be a violation of this ordinance. Before a complaint is di misse or failure <br />to allege a violation, the complainant shall be permitte one o portunity, <br />15 <br />lOg <br />
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