§ 2-250.57. Hearings.

At any hearing held by an ethics panel during the investigation or disposition of a complaint, the following rules apply:

(a)

General rules. At least three (3) members of the ethics panel must be present for the hearing. Any member of the ethics panel who is not present ceases to be a member of the ethics panel and may not participate in the disposition of the case. All witnesses must be sworn and all questioning of witnesses shall be conducted by the members of the ethics panel or the ethics compliance officer. The ethics panel is not bound by the Texas rules of evidence and may establish time limits and other rules relating to the participation of any person in the hearing. No person may be held to have violated the ethics laws unless a majority of the ethics panel so finds by a preponderance of the evidence.

(b)

The person charged. The person charged in the complaint has the right to attend the hearing, the right to make a statement, the right to present witnesses, and the right to be accompanied by legal counsel or another advisor. The legal counsel or other advisor to the person charged in the complaint may advise that person during the course of the hearing, but may not speak on his or her behalf, except with the permission of the ethics panel.

(c)

The complainant. The complainant has the right to attend the hearing, the right to make a statement, and the right to be accompanied by a legal counsel or another advisor. The legal counsel and or other advisor to the complainant may advise the complainant during the course of the hearing, but may not speak on behalf of the complainant, except with the permission of the ethics panel. Witnesses may not be presented by the complainant, except with the permission of the ethics panel.

(Ord. No. 06-22, § 1(part H, § 7), 9-5-2006)