§ 2-85. Ethics panels and the Ethics Review Board.

(a)

Assignment to an Ethics Panel. The chairperson of the Ethics Review Board may appoint a panel to conduct a preliminary review of an ethics complaint or request for advisory opinion. The panel may present its recommendations for consideration by the Board in its entirety. The chair may also designate a panel with the power to render decisions on complaints or issue advisory opinions on behalf of the Board. Panels appointed to dispose of complaints or issue advisory opinions must act in accordance with the Open Meetings Act.

(b)

Review by Ethics Review Board. The Ethics Review Board will meet to review the complaint, responses, replies to responses and any other information it has requested be provided to assist in consideration of the complaint. The Board shall consider whether the facts of the case establish a violation of any provision in the ethics laws, regardless of which provisions, if any, were identified in the complaint as having been allegedly violated. If the Board finds that the complaint fails to allege a violation of the Ethics Code when assuming all facts set forth in the complaint to be true, the Board may dismiss the complaint without further proceedings.

(c)

Before the Board may find that a violation of a particular rule, the respondent must be on notice that compliance with that rule is in issue and must have an opportunity to respond. Notice is conclusively established: if the complaint alleged that the rule was violated; or if the Board or the City Clerk provides the respondent with written notice of the alleged violation and a ten (10) business-day period within which to respond in writing to the charge.

(d)

Scheduling of a hearing. Regardless of whether the complainant or the respondent requests a hearing, the Ethics Review Board has discretion to decide whether to hold a hearing.

(e)

Ex parte communications. It is a violation of this code:

(1)

For the complainant, the respondent, or any person acting on their behalf to engage or attempt to engage, directly or indirectly, in ex parte communication about the subject matter of a complaint with a member of the Ethics Review Board, or any known witness to the complaint; or

(2)

For a member of the Ethics Review Board to:

a.

Knowingly entertain an ex parte communication prohibited by subsection (1) of this rule; or

b.

Communicate directly or indirectly with any person, other than a member of the Ethics Review Board, its staff, City Attorney's Office, or the Compliance Auditor, about any issue of fact or law relating to the complaint.

(f)

Duty to cooperate. All City officials and employees shall cooperate with the Ethics Review Board and shall supply requested testimony or evidence to assist it in carrying out its charge. Failure to abide by the obligations imposed by this subsection is a violation of this Code of Ethics.

(g)

Extension of deadlines.

(1)

A complainant or respondent who fails to meet a deadline to submit a filing with the Ethics Review Board may file a request to accept the late filing. The complainant or respondent must include within the request a statement of good cause for the Board to grant the request. The Board may grant a request to accept a late filing for good cause. Any extension given to a respondent pursuant to his or her request shall extend the deadline for the Board to issue a decision under section 2-87 by the amount of time granted.

(2)

The Board, under its own initiative or at the request of a respondent, may defer consideration of a complaint if the respondent is under investigation by any agency for the activity comprising the subject matter of the complaint, until such time as the investigation has concluded.

(h)

Timeliness of notices or submissions. When the Ethics Code or Municipal Campaign Finance Code requires a notice or other document to be submitted or otherwise given to a person or to the Ethics Review Board, the requirement is met in a timely fashion if the document is sent to the person or the Board by first-class mail or certified mail addressed with postage or handling charges prepaid and it bears a post office cancellation mark indicating a date within the time required to provide notice or to submit a document, unless another method of submission is expressly required.

(Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2018-06-21-0491 , § 1(Att. A), 6-21-18)