A. If an individual BOE member personally observes a violation of the code of ethics, he or she may inform the BOE and request that the matter be referred to a panel attorney (“Panel Attorney”) that is serving as the enforcement authority under Chapter 2.52 CVMC for investigation.

B. If a panel to serve as the enforcement authority has not been established, the Board of Ethics shall establish, in a manner similar to the process used to create the panel for the enforcement authority, a panel of attorneys to serve pursuant to this section.

C. The Board of Ethics may refer the matter to a Panel Attorney if the BOE member presenting the request makes a prima facie showing as set forth in CVMC 2.28.110. This provision may not be used in the place of or to circumvent the other provisions in this chapter for the submission of complaints. Once a BOE member submits a request under this section and the matter is submitted to a Panel Attorney, they shall recuse themselves from voting on the complaint.

D. The BOE referral shall go to a Panel Attorney for investigation and determination if probable cause exists on the complaint. The Panel Attorney may dismiss the complaint if he determines that probable cause does not exist or if he concludes he cannot prove that probable cause exists. If he dismisses the case for lack of probable cause, he shall inform the Board of Ethics and provide a basis for the dismissal. If the panel attorney determines that probable cause exists, he shall present his case as set forth in CVMC 2.28.120 for determination by the Board of Ethics if probable cause exists. If the Board of Ethics determines that probable cause exists, another Panel Attorney will continue the investigation for submission to the BOE for a full hearing. Panel Attorneys assigned under this subsection will be assigned in the same manner they are assigned to investigate complaints for violations of Chapter 2.52 CVMC. The Panel Attorney shall present the matter for full hearing as set forth in CVMC 2.28.130. (Ord. 3264 § 1, 2013).