§ 2-86. Hearings.

At any hearing held by the Ethics Review Board during the investigation or disposition of a complaint, the following rules apply:

(1)

General rules. All witnesses must be sworn and all questioning of witnesses shall be conducted by the members of the Ethics Review Board, City Attorney's Office, or the Compliance Auditor. The Ethics Review Board may establish time limits and other rules relating to the participation of any person in the hearing. No person may be held to have violated the ethics laws or the Municipal Campaign Finance Code unless a majority of the Ethics Review Board so finds by a preponderance of the evidence.

(2)

Evidence. The Ethics Review Board shall rely on evidence of which a reasonably prudent person commonly relies in the conduct of the person's affairs. The Board shall further abide by the following:

a.

The Board shall hear evidence relevant to the allegations; and

b.

The Board shall not consider hearsay unless it finds the nature of the information is reliable and useful.

(3)

The person charged (respondent). The person charged in the complaint has the right to attend the hearing, the right to make a statement, the right to present witnesses, and the right to be accompanied by legal counsel or another advisor. Only legal counsel to the person charged in the complaint may advise that person during the course of the hearing, but may not speak on his or her behalf, except with the permission of the Board. The time permitted for presentation will be at the discretion of the Board.

(4)

The complainant. The complainant has the right to attend the hearing, the right to make a statement, and the right to be accompanied by legal counsel or another advisor. Only legal counsel to the complainant may advise the complainant during the course of the hearing, but may not speak on behalf of the complainant, except with the permission of the Board. Witnesses may not be presented by the complainant, except with the permission of the Board. The time permitted for presentation will be at the discretion of the Board.

(Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13)