2.16.348 Consideration of complaint after acceptance.
A. After acceptance of a complaint, the commission has the discretion to:
1. Conduct a confidential, independent administrative investigation of the complaint;
2. Refer the matter to an independent noncriminal investigator for fact-finding and investigation and consider the confidential report of the investigator;
3. Conduct a hearing in accordance with subsection (B) of this section; or
4. Any combination of the above.
B. If the commission uses a hearing to review the complaint, the commission shall:
1. Assure that the hearing includes opening arguments, presentation of evidence, witnesses and rebuttal, consideration of motions, and closing arguments;
2. Close the hearing to the public;
3. Allow the complainants and the named elected official or city manager/chief administrative officer to retain legal representation, at their discretion; and
4. Provide administrative subpoenas pursuant to its subpoena powers, as provided in Chapter 2.24.
C. For any hearing the commission must provide a notice to the first named complainant and the named elected officer or city manager/chief administrative officer at least five business days prior to the hearing.
D. The commission shall determine whether the subject matter of the complaint was previously the subject of a filing, public disclosure, or a city attorney ethics advisory opinion. The commission shall take into consideration efforts by the named elected official or city manager/chief administrative officer to seek legal direction regarding the subject matter of the complaint and any good faith efforts by the named elected official or city manager/chief administrative officer in response to legal advice received.
E. The commission shall ensure that a record of any commission meeting or hearing is made, which shall include:
1. Audio recordings, if any;
2. Official summaries or minutes taken during the meeting or hearing;
3. Copies of all documents or other items admitted into evidence or considered by the commission;
4. Copies of a document or written order or ruling issued by the commission; and
5. Any other information the commission deems relevant to the findings and recommendation. (Ord. 2013-01 (part))