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within ten (10) working days of such a preliminary he~ng, to tvise and <br />resubmit the complaint. <br />(h) <br />(i) <br />(vi) The complainant, the independent counsel, and public se ant n ed in the <br />complaint may ask the Commission at a preliminary earing request <br />certain persons and evidence for a final hearing, if one i sched ed. <br />Final Hearing. <br />(i) The final hearing shall be held as expeditiously as poss <br />ble foll <br />wing the <br />determination by the Commission that there are reas <br />nable gi <br />-ounds to <br />believe that a violation of this ordinance has occurred. I <br />no everi <br />t shall the <br />hearing be held more than thirty (30) days after said d <br />termin <br />tion. The <br />Commission may grant two (2) postponements, not to e <br />ceed <br />een (15) <br />days each, upon the request of the public servant named <br />in the c <br />mplaint. <br />(ii) The issue at a final hearing shall be whether a violation o <br />this or <br />nance has <br />occurred. The Commission shall make its determination <br />ased o <br />clear and <br />convincing evidence in the record. All witnesses shall m <br />e their <br />tatements <br />under oath. <br />(iii) If the Commission determines that a violation has occurr <br />d, it sh <br />11 state its <br />findings in writing, shall identify the particular provision( <br />) of thi <br />rdinance <br />which have been violated, and within five (S) working <br />ys shal <br />l. deliver a <br />copy of the findings to the complainant, if any, the publi <br />servan <br />named in <br />the complaint, and the city secretary. <br />(iv) If a complaint proceeds to a final hearing, the Commi sion m y request <br />witnesses to attend and testify, administer oaths and ffirma ons, take <br />evidence and request the production of books, papers record or other <br />evidence needed for the performance of the Commission' duties r exercise <br />of its powers, including its duties and powers of investi ation. <br />Sanctions. <br />(i) If the Commission determines that a violation of t is ordi ance has <br />occurred, it shall proceed directly to determination f the al)propriate <br />sanction(s), if any. Save and except for a violation of Se tion 3. b)(ii)(D), <br />Section 7.2 or Section 8.6 of this Ordinance, a violatio of this rdinance <br />shall not be subject to criminal penalties. The Commi sion y receive <br />additional testimony or statements before considering s ctions but is not <br />required to do so. If the public servant named in the omplai t acted in <br />reliance upon a written opinion of the city attorney, the Commi sion shall <br />consider that fact. <br />16 <br />109 <br />