§ 2-171. Complaint process

(a) Filing.

(1) Any city official of the city or eligible voter of the city who believes that there has been a violation of this article may file a sworn complaint. A complaint alleging a violation of this article must meet the requirements herein and must be filed with the city secretary. A complaint alleging a violation of this article by the city attorney must also be filed with the persons named in section 2-270. A complaint must be filed within one year from the date of the alleged violation.

(2) Required contents of a complaint. An ethics complaint must be in writing and under oath and must set forth in simple, concise, and direct statements the following:

a. The name of the complainant;

b. The street or mailing address and the telephone number of the complainant;

c. The name of the person who allegedly committed the violation;

d. The position or title of the person who allegedly committed the violation;

e. The nature of the alleged violation, including, if possible, the specific rule or provision of this article alleged to have been violated;

f. A statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and must contain the following:

1. Documents or other material available to the complainant relevant to the allegation;

2. A list of all documents or other material relevant to the allegation and available to the complainant, but that are not in the possession of the complainant, including the location of the documents; if known; and

3. A list of all documents or other material relevant to the allegation, but unavailable to the complainant, including the location of the documents, if known.

g. If the complaint is based on information and belief, the complaint shall state the source and basis of the information and belief.

(3) The complaint must be accompanied by an affidavit stating that the information contained in the complaint is either true and correct or that the complainant has good reason to believe and does believe that the facts alleged constitute a violation of this article.

(4) Upon request, the city secretary shall provide information to persons about the requirements of a complaint and the process for filing a complaint.

(b) Confidentiality and ex parte communications.

(1) No city official or city employee may reveal information relating to the filing or processing of a complaint except as required for the performance of official duties.

(2) All documents relating to a pending complaint are confidential, unless they are required to be disclosed under the Texas Public Information Act (V.T.C.A., Government Code ch. 552).

(3) After a complaint has been filed, and during the consideration of a complaint by the commission, a member of the commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the commission. This provision does not prevent a member of the commission to consult with the city attorney regarding procedural and legal issues.

(c) Notification.

(1) A copy of a complaint which meets the requirements of this section shall be promptly forwarded by the city secretary to the city attorney and to the person charged in the complaint.

(2) The person alleged in the complaint to have violated this article shall be provided with a copy of the ethics ordinance (this article) and informed that:

a. Within 14 days of receipt of the complaint, a sworn response must be filed with the city secretary;

b. Failure to file a response does not preclude the city attorney from processing the complaint;

c. A copy of any response to a complaint must be provided by the city secretary to the complainant, who may within seven days respond by sworn writing filed with the city secretary, who shall provide a copy of the sworn writing to the person charged in the complaint.

(3) City officials and city employees have a duty to cooperate with the city attorney, pursuant to this section.

(4) All members of the commission shall receive copies of the complaint, any background documentation, and any responses at least seven days before a hearing on the matter.

(Ord. No. 461, § 2.11, 5-9-2006)