Sec. 12.5-57. Ethics complaints.

        (a) Ethics commission.  A county ethics commission consisting of 12 members and a chairman shall be appointed to two-year terms by the county mayor with confirmation by the board of county commissioners. The membership of the ethics commission shall consist of not less than five licensed attorneys of which three shall be former judges of a court of record or general sessions court, in addition to eight members from the broader community. The county mayor shall insure that the diversity of the community is reflected in the membership of the ethics commission.

(1) The ethics commission shall have jurisdiction of all ethics complaints lodged against elected officials; appointees to boards, commissions, and authorities; chief administrative officers and assistant chief administrative officers; division directors, deputy directors, chief administrators, administrators, and deputy administrators; and chief deputies and assistant chief deputy sheriffs.
 
(2) The records of the ethics commission shall be maintained at the direction of the chair and filed with the ethics officer, where they shall be open to the public. 

        (b) Ethics officer.  The county attorney shall designate one attorney from his staff to serve as ethics officer to the ethics commission. This ethics officer shall provide legal advice and direction to the commission, and shall review all ethics complaints prior to those complaints being heard by the commission. Upon reviewing a complaint, the ethics officer may take no action, refer the matter to an appropriate officer or entity, or refer it to the ethics commission. The ethics officer shall also issue ethics opinions, verbally or in writing, at the request of any county elected official or department head. 

        (c) Ethics training required.  Every official, employee, and appointee under the jurisdiction of the ethics commission shall undergo ethics training once per calendar year. It shall be the responsibility of the ethics officer to identify a reputable source for ethics training and make that training available locally on a quarterly basis. The ethics officer shall file the certificate of annual training form with the ethics commission no later than December 31 of each year certifying that ethics training has been completed by the individuals under its jurisdiction. 

        (d) Duties of ethics commission.  The ethics commission shall investigate any credible complaint referred by the ethics officer charging a violation under this code of ethics by an official, employee, or appointee in its jurisdiction. The ethics commission shall also hold public meetings on an on-going basis to educate the public about ethical behavior and practices by government officials; inform the public of the appropriate process for filing complaints; make recommendations regarding possible rule or ordinance provisions relating to ethics; and maintain an on-going community discussion about ethical practices. The ethics commission is authorized to establish rules and regulations for the conduct of its activities. 

        (e) Filing complaints and hearing procedures.  Questions and complaints regarding violations of this code of ethics or of any violation of state law governing ethical conduct should be directed to the ethics officer. Complaints against individuals shall be in writing and signed under oath by the person making the complaint, and shall set forth in reasonable detail the facts upon which the complaint is based or by completion of the sworn complaint form. 

(1) If the ethics officer refers a complaint to the ethics commission, he or she shall provide comments to the ethics commission as to its validity. Upon receiving a complaint, the ethics commission chair shall select a panel of three members of the ethics commission to review the complaint.  Such panel shall be selected on a rotating basis. Two of the three members of the panel, including the panel chair, shall be licensed attorneys.

(2) Within ten (10) business days of selection, the panel shall vote either to dismiss the complaint or to hold a hearing. 

a.  If the panel votes to dismiss the complaint, the panel's decision shall be based upon one of the following:

i.  other remedies are being pursued in a more appropriate forum;

ii.  the allegations, even if true, would not constitute a violation of this code of ethics;

iii. there is insufficient credible evidence supporting the allegations  to warrant a hearing; or

iv.  dismissal without a hearing is otherwise appropriate. 

b. If the panel votes to hold a hearing, the panel shall set a hearing date within 30 calendar days of the date the complaint is received by the panel. The date may be continued for good cause shown by any party.

(3) After a hearing at which all parties may be represented by counsel and put on witnesses and evidence, the panel shall determine if a violation of the code of ethics has occurred. If the panel finds that no violation has occurred, then the panel shall dismiss the complaint. If the panel finds that a violation has occurred, then the panel shall submit its findings and recommendations no later than 5 business days from the date of the hearing to the chairman of the ethics commissions and in accordance with the following:

a. In the case of an ethics violation that resulted from a good faith mistake, issue a warning;

b.  In the case of an employee, recommend that the employee's supervisor take disciplinary action in accordance with county policy;

c.  In the case of an elected official, recommend that the board of county commissioners publicly censure that official;

d.  In the case of an elected official, recommend that an ouster suit be brought by the appropriate governmental official; or

e.  In the case of a possible criminal violation, refer the matter to the appropriate law enforcement official.

(4) Upon receipt of the panel's findings and recommendations, the chairman shall call a special meeting not less than 48 hours nor more than 5 business days to review and take into consideration the adoption of same.

        (f) Penalties for frivolous complaints.  It shall be a violation of this section to submit a complaint to the ethics commission that has no genuine basis in fact. Any person, firm, or corporation in violation of this subsection shall be fined not more than $50.00.  The ethics commission may instruct the ethics officer to seek civil penalties to recoup the costs of hearing a frivolous complaint.

(Ord. No. 330, Att. § 7, 6-25-07; Ord. No. 371, 5-11-09)