2.16.347 Initial review of complaint.
A. Within ten business days after receipt of an ethics complaint, the commission shall examine the complaint to determine if it is in compliance with the filing requirements of this article.
B. If the commission determines that the complaint does not comply with the filing requirements of this article, the commission shall return the complaint to the first complainant named on the complaint with a statement detailing the reason(s) for noncompliance. At the same time, the commission shall notify the chair of the city council and the city attorney that a complaint filed against an unidentified elected officer or city manager/chief administrative officer has been returned for noncompliance with this article and the fact that a complaint was filed and returned shall be kept confidential until the commission submits its annual summary report to the city council and to the mayor. If a complaint is returned by the commission, the complainants may file another complaint if the new complaint independently meets the filing requirements of this article.
C. If the commission determines that the complaint complies with the filing requirements of this article, the commission shall:
1. Accept the complaint;
2. Promptly forward the complaint to the elected officer or city manager/chief administrative officer who is named in the complaint, together with directions for providing a response to the commission;
3. If appropriate, request assistance from the office of the city attorney; and
4. Notify the complainants, the named elected official or city manager/chief administrative officer, the city recorder, and the employees in the office of the city attorney of the privacy requirements of this article.
D. At its discretion, the commission may determine whether the subject of the complaint should be investigated by a law enforcement agency.
E. If the commission learns that the subject of the complaint is under criminal investigation, the commission may suspend its review of the complaint pending the resolution of the criminal investigation.
F. The named elected officer or city manager/chief administrative officer shall have the right to present an answer to the complaint. The answer may contain statements, arguments, and evidence. The answer must be filed within ten business days from when the complaint was forwarded to and received by the elected officer or city manager/chief administrative officer.
G. The commission shall dismiss an ethics complaint if:
1. The named elected officer or city manager/chief administrative officer resigns or is removed from office with Midvale City;
2. The named elected officer or city manager/chief administrative officer is charged with a criminal violation of the Municipal Officers’ and Employees’ Ethics Act where the facts and allegations presented in the ethics complaint assert substantially similar facts and allegations as those asserted in the criminal charges; or
3. The allegations in the complaint, if assumed to be true, do not state a violation of the Municipal Officers’ and Employees’ Ethics Act. (Ord. 2013-01 (part))