Sec. 18-16. - Procedures; duties.
(a) The commission may establish for itself rules of order, evidence, or procedure that are consistent with principles of due process and not in conflict with applicable state law. Copies of commission rules of order, evidence, or procedure shall be posted on the city's internet website and maintained in the city secretary's office for inspection and purchase at the fees prescribed by law.
(b) Neither the commission nor any member shall have power to take action except by authority of majority vote, which shall mean the vote of at least four members.
(c) The commission may request the city attorney to provide legal advice, including any necessary training, or it may request of city council that special outside counsel be employed to serve in an advisory capacity to the commission. The commission may also request that city council employ or retain any additional staff that the commission may deem necessary, but no person employed or retained by the commission shall be considered an officer or employee of the city.
(d) Upon the receipt of a sworn, written complaint of any person the commission shall, or upon its own initiative may, review alleged acts of impropriety on the part of city officials. Upon the commission's request, the office of inspector general shall provide the commission with necessary assistance in the investigation of complaints. Investigations requested by the commission and conducted by the office of inspector general shall be conducted in a confidential manner and records of any such investigations shall be considered confidential to the extent permitted by state law. The unauthorized release of confidential information by any commission member shall be grounds for the removal of the commissioner.
(e) If the commission concludes that there is reasonable cause to believe that impropriety has occurred, the commission shall make a detailed written report of such conduct and forward its finding to the mayor, city council, the city attorney, and any appropriate department, agency, commission, or board.
(f) If the commission concludes that there is not reasonable cause to believe that impropriety has occurred, it shall promptly report such finding to the city official who is the subject of the complaint and the person who submitted the complaint.
(g) If any complaint received or matter brought to the attention of the commission appears to involve misconduct beyond the scope of impropriety, the commission shall refer the matter to the office of inspector general or the proper federal, state, or local governmental authority responsible for the investigation or prosecution thereof, or coordinate its review with the office of inspector general or agency responsible for the criminal investigation or prosecution so as not to prejudice any investigation or prosecution for misconduct beyond the scope of impropriety that is being conducted by criminal investigation or prosecution authorities.
(h) If, in the course of the commission's review of allegations of impropriety, there appears to be a question or issue of misconduct beyond the scope of impropriety, the commission shall immediately suspend its review and refer the matter to the office of inspector general or the proper federal, state, and local governmental authority for investigation and possible criminal prosecution, or coordinate its review with the office of inspector general or agency responsible for the criminal investigation or prosecution so as not to prejudice any investigation or prosecution for misconduct beyond the scope of impropriety that is being conducted by criminal investigation or prosecution authorities.
(i) When the commission concludes that there has been a violation of subsection (a), part (8) of section 18-3 of this Code it shall have the power to:
(1) Issue a public rebuke and reprimand of the city official; and/or
(2) Recommend to the mayor and city council and to any appropriate department, agency, commission, or board that the city official be removed and relieved of any and all assignments or duties related to same.
(j) The commission shall review, process, and conclude all complaints in an expeditious manner.
(k) At least once each calendar year the director of the department of administration and regulatory affairs shall cause to be distributed to each city employee by email, fax, or other similar means a notice setting forth the functions and duties of the commission and the procedures for filing complaints, and periodically such notices shall be posted in prominent places in city-owned facilities. The notices shall set forth a city office and telephone number that may be contacted for further assistance or information.
(Ord. No. 87-59, § 1, 1-14-87; Ord. No. 89-1683, § 2, 11-15-89; Ord. No. 08-52, § 47, 1-16-08, eff. 1-26-08; Ord. No. 2010-97, § 1, 2-10-10; Ord. No. 2011-47, §§ 3, 6, 1-12-2011; Ord. No. 2012-773, §§ 7—9, 8-29-2012)
