§ 303-23 — Probable Cause of Violation

303-23. Probable Cause of Violation.

1. At the conclusion of its investigation, the board shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that a violation of this chapter has occurred. If the board determines that no probable cause exists, it shall immediately send written notice of such determination to the accused public official or other city employee and to the party who made the complaint. If the board determines that there is probable cause for believing that a violation of this chapter has been committed, its preliminary findings of fact and conclusions may contain: a. A referral to the district attorney’s office recommending further investigation and possible prosecution. b. An order setting a date for hearing to determine whether a violation of this chapter has occurred. The board shall serve the order upon the accused public official or other city employee. A hearing ordered under this subsection shall be commenced within 30 days after the date it is ordered unless the accused public official or other city employee petitions for and the board consents to a later date. Prior to any hearing ordered under this subsection, the accused is entitled to full discovery rights, including adverse examination of witnesses who will testify at the hearing at a reasonable time before the date of the hearing. 2. The board shall inform the accused public official or other city employee or his or her counsel of exculpatory evidence in its possession.