§ 2-172. Hearing process

(a) Preliminary hearing.

(1) As soon as reasonably possible, but in no event later than 60 days after receiving a complaint, the commission shall conduct a preliminary hearing. The purpose of the preliminary hearing is to determine whether there are reasonable grounds to believe that a violation of this article has occurred.

(2) The complainant and the city official or city employee named in the complaint have the right of representation by counsel.

(3) Statements at a preliminary hearing shall be under oath, but there shall be no cross examination or requests for persons or evidence issued for the hearing.

(4) The person filing a complaint shall state the alleged violation and describe in narrative form the testimony and other evidence which are presented to prove the alleged violation as stated in the written complaint.

(5) The city official or city employee named in the complaint shall have the opportunity to respond but is not required to attend or make any statement. The official may describe in narrative form the testimony and other evidence presented to disprove the alleged violation. If the official agrees that a violation has occurred, the commission may consider the appropriate sanction.

(6) Only members of the commission may question the complainant, the independent counsel for the commission, or the city official or city employee named in the complaint.

(7) At the conclusion of the preliminary hearing one of the following actions shall be taken:

a. If the commission does not determine that there are reasonable grounds to believe that a violation of this article has occurred, the complaint shall be dismissed.

b. If the commission determines that there are reasonable grounds to believe that a violation of this article has occurred, it shall schedule a final hearing.

c. If the city official or city employee has agreed that a violation has occurred, the commission may proceed with the preliminary hearing to determine the appropriate sanction.

(b) Final hearing.

(1) A final hearing shall be held as expeditiously as possible following the determination by the commission that there are reasonable grounds to believe that a violation of this article has occurred, but in no event shall it be held more than 30 days after said determination. The commission may grant two postponements, not to exceed 15 days each, upon the request of the city official or city employee named in the complaint.

(2) If a complaint proceeds to a final hearing, the commission may request witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the commission's duties or exercise of its powers, including its powers of investigation.

(3) The issue at a final hearing is whether a violation of this article has occurred. The commission shall make its determination based on the evidence in the record. All witnesses shall make their statements under oath. If the commission determines that a violation has occurred, it shall state its findings in writing, identify the particular provision(s) of this article which have been violated, and within five working days deliver a copy of the findings to the complainant, the person named in the complaint, and the city secretary. The city secretary shall deliver a copy of the findings to the city council, the city manager and the city attorney.

(Ord. No. 461, § 2.12, 5-9-2006)