HomeMy Public PortalAboutEthics Commission Complaint Policy and Procedure Revised 10.13.2020.docEthics Commission Complaint Policy
(Readers are encouraged to consult the Ethics Ordinance)
The Complaint Policy shall apply to matters involving the City of Tybee Island City Officials.
The Complaint Policy shall apply to all complaints brought before the Ethics Commission.
The Complaint must be in writing, signed, and sworn to before a notary. In the event a Complaint is filed by more than one citizen, there must be a single contact person listed and
the Complaint must list their contact information – name, mailing address, phone number, and email address. The complaint must fully describe the circumstances, and cite the applicable
Ethics Ordinance by section and subsection that the City Official violated.
If the Commission concludes that the complaint has sufficient information to proceed, it is forwarded to the accused (respondent) to respond. An informal hearing is scheduled if further
action is required. If the parties resolve the matter at the informal hearing, there shall be no further action. If the parties do not resolve the matter at the informal hearing and
do not have further evidence to present, the Commission shall then deliberate in executive session to make a determination.
If one or more parties advise the Commission that they have additional evidence that they wish to present, the Commission shall hold a formal hearing within forty-five (45) days from
the conclusion of the informal hearing. The Ethics Commission shall deliberate in executive session after the formal hearing and issue a public written determination within 30 days.
Final determination to be heard at the final council meeting of the month.
Revised and Approved by Ethics Commission: 10/13/2020
Ethics Complaint Procedure
Complainant delivers the complaint to the Clerk of Council. It should indicate if the accused is a City Employee, Elected City Official or the City Clerk, City Attorney, City Manager,
or Municipal Judge.
The Clerk of Council is to:
refer all City Employee complaints directly to the City Manager.
refer complaints regarding City Clerk, City Attorney, City Manager or Municipal Judge to the Mayor and Council.
refer complaint regarding an Elected City Official to the Ethics Commission.
AND
review the complaint for a signature, notarization and contact information – printed name, mailing address, phone number, and email address. (In the event a complaint is filed by more
than one citizen, there must be a single contact person listed.) If the complaint is not signed, notarized, or contact information is not included then the complaint will be returned
to the complainant for compliance.
date, stamp and initial the compliant complaint.
give a receipt letter (check list) to the complainant.
deliver the complaint as set forth above to the City Manager, Mayor and Council or the presiding Ethics Commission Officer within 5 five business days.
II. Complaint Reviewed
City Manager receives employee complaints.
(1) Reviews the complaint in accordance with the employee complaint policy
Mayor and Council receives complaint regarding City Clerk, City Attorney, City Manager, or Municipal Judge and reviews the complaint for action in accordance with procedures similar
to the Ethics Commission procedures.
Ethics Commission receives all other complaints.
Deficient claims shall be returned to complainant within 7 business days with letter
explaining deficiencies.
Complainant may re-submit the complaint with deficiencies corrected within 7 business
days.
Complainant may withdraw the complaint.
(4) Documented sufficient complaint shall be handled by the Ethics Commission.
Ethics Commission Review
A copy of the complaint shall be delivered to accused via registered mail within 7 business days of determination that complaint is not technically deficient.
Accused may reply in writing to the complaint within such time as directed by the Ethics Commission, not to exceed 30 business days.
(1) If the accused agrees that a violation has occurred, no further investigation will take
place.
(2) For an agreed violation the case will be reported to the City Council for disposition.
The Ethics Commission investigatory review shall be held within 30 business days from the date of response by the accused.
(1) Unsubstantiated claims shall be dismissed.
(2) Substantiated claims shall proceed to an informal hearing between all
parties (including any attorney representing the party) and the Ethics
Commission members.
Informal Hearing
If the parties resolve the matter at the informal hearing, there shall be no further hearing on the matter.
If the parties do not resolve the matter at the informal hearing and do not have further evidence to present, the Commission shall then deliberate in executive session to make a determination.
The Commission will and advise the parties of the decision in writing within ten (10) business days of the informal hearing.
Written notice shall be given to each party prior to the informal hearing and at the conclusion of the informal hearing.
Each party shall be given the opportunity to present their case. The parties may be represented by legal counsel of their choice. No new evidence maybe presented at this time.
Written determination and implementation of any action shall be provided to Mayor and Council.
If one or both parties advise the Commission that they have additional evidence that they wish to present, the Commission shall hold a formal hearing within forty-five (45) days from
the conclusion of the informal hearing.
Formal Hearing
If the parties to do not resolve the matter at the informal hearing and wish to present additional evidence, the Commission shall hold a formal hearing.
Written notice shall be given to each party prior to the formal hearing.
Each party shall be given the opportunity to present their case. The parties may be represented by legal counsel at their choice. Parties my present evidence to supplement the petition
and the response with further documentary evidence or witnesses. Additional documentary evidence or witnesses shall not duplicate existing information already presented. Formal rules
of evidence do not apply.
The Ethics Commission shall deliberate in executive session after the formal hearing and issue a public written determination within 30 days.
Violators shall be reported to City Council with recommendation for disposition.
Non-violator’s cases shall be dismissed.
Final Action on Complaint Cases
City Council shall make determination and implementation of any action at the final council meeting of the month.
Revised and Approved by Ethics Commission: 10/13/2020