HomeMy Public PortalAboutEthics Commission Check List for Complainant Revised 10.13.2020.doc
City of Tybee Island
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, GA 31328
(912)786-4573 – FAX (912) 786-5737
www.cityoftybee.org
Date:
Dear Complainant,
Thank you for utilizing the Ethics Commission complaint process. The Clerk of Council has reviewed your complaint for a signature and notarization. At this point within (5) five business
days, your complaint will be forwarded by the Clerk of Council to:
the City Manager (if complaint against City Employee),
the Mayor and Council (if complaint against City Attorney, City Clerk, City Manager, or Municipal Court Judge),
the presiding Ethics Commission officer (if the complaint is against a City Official).
Within (5) five business days upon receiving the complaint, the City Manager, Mayor or presiding Ethics Commission Officer will evaluate and ascertain the complaint’s completeness.
If there are any deficiencies in the complaint, it will be returned to you. You will be given (7) seven business days to correct the deficiencies and begin the process anew.
If the complaint meets the minimum criteria, fully describes the circumstances, and cites the applicable ethics ordinance; for complaints directed to the Ethics Commission, the Chair
shall forward the complaint to all members of the Ethics Commission.
The Commission will review the complaint at an ‘open meeting’ to determine if the complaint is valid and qualifies for further action.
If the complaint is deemed not valid by the Ethics Commission, they will formally notify you with an explanation of the decision.
If the Commission concludes that the petition has sufficient information to proceed, the complaint will be forwarded to the accused party (respondent) by certified mail within (7) seven
business days.
The respondent will have 30 business days from the time received to respond to the charge in writing to the Ethics Commission.
The Commission will review the response in an ‘open meeting’ to determine if the charge is valid and qualifies for further action.
If the Commission concludes that further action is deemed necessary to proceed, an informal hearing will be scheduled.
Both parties will be contacted by the Chair with time, date and place of the informal hearing.
The informal hearing is an opportunity for both parties to present their cases and determine if they can find common ground. It is an opportunity for the parties to resolve the issue
themselves through guidance from the Ethic Commission in an informal process. No new evidence can be presented in said hearing.
If there is no resolution at the informal hearing and there is no new evidence to be presented, the Ethics Commission will make a determination.
Each party will be notified of the determination within 10 business days of the informal hearing.
If there is no resolution at the informal hearing and there is new evidence to be presented, a formal hearing will be scheduled within 45 days.
After the formal hearing, the Ethics Commission shall deliberate in executive session and issue a public written determination within 30 days of the formal hearing to both parties.
Violators shall be reported to City Council with recommendation for disposition. Non-violator’s cases shall be dismissed.
City Council shall make determination and implementation of any action at the last Council meeting of the month following the recommendation by the Ethics Commission.
Note: Consequences for a malicious or frivolous complaint may include misdemeanor charges.
Please keep in mind that your statement/declaration/complaint will become public record once it is filed with the clerk. Members of the public may ask to see it, and the request will
be granted.
If you elect to have legal counsel represent you, you are responsible for all legal fees and expenses.
Sincerely yours,
Jan LeViner
Clerk of Council Revised and Approved by Ethics Commission: 10/13/2020