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Nruceewiiys uiernservea, incwamy ineir existence, not to tne unaerrying accusatwns. H resiaent can ten tne woria inat an ome ai is
<br />benefitting from a city contract (whether or not this is true; defamation laws deal with false accusations), but not that the ethics
<br />commission is investigating a complaint that makes this accusation.
<br />11. If the Ethics Commission determines that there is no probable cause to believe that a violation of this code occurred, it will
<br />dismiss the complaint and send notification of this dismissal to the complainant and respondent. tf it determines that there is
<br />probable cause, it will send notification of this finding to the complainant and respondent. In its letter of dismissal or notificatio of
<br />finding, which must be sent within five days after the vote on probable cause, the Ethics Commission must set forth a brief
<br />summary of the facts and the reasons for dismissal or a finding of probable cause.
<br />12. Nothing in this section may be construed to permit the Ethics Commission to conduct an investigation of itself or of any of s
<br />members or staff. If the Ethics Commission receives a complaint alleging that the Commission or any of its members or staff as
<br />violated any provision of this code, or any other law, the Commission must promptly transmit to the legislative body a copy of e
<br />complaint.
<br />13. If a complaint is made under this section with the knowledge that it is without foundation in fact, the respondent has a cau e of
<br />action against the complainant for double the amount of damages caused by the complaint. If the respondent prevails in such n
<br />action, the court may award the respondent the costs of the action and reasonable attorney's fees.
<br />Comment: An alternative approach to allowing a suit for double damages is to have the city directty protect a wronged
<br />respondent. This would be advantageous to the system only if it were limited to complaints that are found to be without groun s,
<br />that is, frivolous or without any basis in fact. Any reimbursement beyond this becomes both expensive and questionable. I wo Id
<br />like to hear from people who have had good and bad experiences with such reimbursement rules. Here is language for that
<br />approach:
<br />14. Legal Fees: The city will pay reasonable attorney's fees, up to a limit of $ with respect to an Ethics Commission
<br />proceeding, not including a request for an advisory opinion, if the Ethics Commission finds that a complaint was filed with the
<br />knowledge that it is without foundation in fact.
<br />Comment: This provision used to allow attorney's fees if the respondent is found not to have violated the ethics code (as man
<br />codes allow), but many reasonable complaints do noi lead to findings of violations for many reasons, including settlements,
<br />technicalities, quorum problems, and even ihreats of lawsuits against the commission or its members. Using the aciual findin of a
<br />violation as the standard forces the local government to pay legal fees for officials who have violated an ethics code.
<br />214. Rubfic Hearing Process.
<br />To discuss this section, click here.
<br />To discuss open vs. confidential hearings (dealt with further in section 217), click here.
<br />1. After a finding of probable cause, the Ethics Commission must hold one or more public hearings, and the first public hearin
<br />must commence within thirty days after the finding of probable cause. The goal of these public hearings is to determine wheth r i
<br />not a violation of the Code of Ethics has occurred. The hearings will be held with reasonable promptness, with the last hearin to
<br />be held not more than one-hundred-and-eighty days after the finding of probable cause.
<br />2. Any person who is, in the opinion of the Ethics Commission, adversely affected by comments made during a hearing, may
<br />testify in response at a hearing, directly or through a representative.
<br />3. The Ethics Commission may refer the matter to an authority or person or body authorized by law to impose disciplinary acti n
<br />pursuant to applicable law or collective bargaining agreement or, if it determines there are possible criminal violations, to the
<br />appropriate prosecutor.
<br />4. Extension of time.
<br />Under extraordinary circumstances, extensions of time to any of the time limitations specified in this section may be granted
<br />Ethics Commission upon a vote of four sitting members. However, in no event may the total modified time period, i.e., the or
<br />time period plus the extension(s), exceed double the time period prescribed by this code.
<br />a. The Ethics Commission must give written notice of any extension(s) of time to the respondent and the complainant.
<br />b. Exceptions.
<br />(1) No extensions may be given for time periods required for notification.
<br />(2) No extensions may be given for the time limitation for ruling on actions, untess otherwise specified in this code.
<br />5. Rules and Procedure for Public Hearings.
<br />a. Public hearings will be conducted under the Ethics Commission's rules and regulations, subject to any applicable provisio
<br />law and collective bargaining agreements. The rules and regulations will include the foliowing: oral evidence will be taken ur
<br />oath; documentary evidence may be received in the form of copies or excerpts, if the original is not readily available and, up
<br />request, parties and the Ethics Commission will be given the opportunity to compare the copy to the original; the state's
<br />administrative rules of evidence, rather than strict rules of judicial evidence, will be followed, to allow a liberal introduction of
<br />testimony and documentary evidence; and the complainant and respondent have the right:
<br />(1) To be represented by counsel.
<br />(2) To present oral or written documentary evidence which is not irrelevant, immaterial, or unduly repetitious.
<br />(3) To examine and cross-examine witnesses required for a full and true disclosure of the facts.
<br />b. The Ethics Commission may subpoena, and its members may question verbally or in writing, witnesses to testify and may
<br />compel production of documents and other effects as evidence, and failure to obey such subpoena shall constitute a
<br />misdemeanor.
<br />c. At all hearings relating to a complaint, a couri stenographer will record the proceedings.
<br />d. Upon the request of either the complainant, the respondent, or any member of the Ethics Commission, the Ethics Commis
<br />will cause the hearings to be tape-recorded or filmed, and a transcript to be made. If this is requested by either a respondent
<br />complainant, the requesting party will bear the costs.
<br />6. With respect to the pubiic hearing process, the Ethics Commission will follow the requirements of Freedom of Information
<br />legislation.
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