§ 2-250.56. Ethics panels.

(a)

Assignment to an ethics panel. A complaint received by the ethics review commission from the ethics complaint officer shall be promptly assigned to an ethics panel consisting of three (3) members of the commission, who shall have full power to investigate and dispose of the complaint. Each ethics panel shall be constituted according to procedures established by the commission. Any member of an assigned ethics panel who recuses himself or herself shall be replaced by another member of the commission according to established procedures if that is necessary to ensure that the panel has three (3) members. The identity of the members of the ethics panel shall be revealed to the person charged in the complaint, who for good cause may request the recusal of any member of the panel.

(b)

Notice of charges. The ethics panel shall consider whether the facts of the case establish a violation of any provision in the ethics laws, regardless of which provisions, if any, were identified in the complaint as having been allegedly violated. However, before the ethics panel may find that a violation of a particular rule, the person charged in the complaint must be on notice that compliance with that rule is in issue and must have an opportunity to respond. Notice is conclusively established: if the complaint alleged that the rule was violated; if compliance with the rule is raised by a member of the commission or the ethics compliance officer as a disputed issue at a hearing before the ethics panel; or if the commission or the ethics compliance officer provides the person charged in the complaint with written notice of the alleged violation and a seven (7) day period within which to respond in writing to the charge.

(c)

Scheduling of a hearing. Regardless of whether the complainant or the person charged in the complaint requests a hearing, the ethics panel has discretion to decide whether to hold a hearing.

(d)

Ex parte communications. It is a violation of this code:

(1)

For the complainant, the person charged in the complaint, or any person acting on their behalf to engage or attempt to engage, directly or indirectly, in ex parte communications about the subject matter of a complaint with a member of the ethics panel or any other member of the ethics review commission; or

(2)

For a member of an ethics panel or any other member of the ethics review commission to:

(A)

Knowingly entertain an ex parte communication prohibited by subsection (1) of this rule; or

(B)

Communicate directly or indirectly with any person, other than a member of the ethics review commission, its staff, or the ethics compliance officer, about any issue of fact or law relating to the complaint.

(e)

Duty to cooperate. All city officials and employees shall cooperate with the ethics review commission and shall supply requested testimony or evidence to assist in carrying out its charge. Failure to abide by the obligations imposed by this subsection is a violation of this code of ethics.

(Ord. No. 06-22, § 1(part H, § 6), 9-5-2006)