2.28.110 Complaint procedures – Prima facie review.
The Board of Ethics will conduct a prima facie review (“prima facie review”) of the complaint. The purpose of prima facie review is to determine if the complainant has made a prima facie showing that the complaint complies with the requirements in CVMC 2.28.090(A) (Complaints – Form, referral to other enforcement agency, and request for confidentiality), thereby establishing jurisdiction. A prima facie review may result in the following:
A. No Prima Facie Showing Made – Dismissal. After completing the prima facie review, the Board may dismiss the complaint for any of the following reasons:
1. The complaint is not in writing or is not made under penalty of perjury;
2. The respondent is not a City official within the meaning of this chapter;
3. The complaint does not contain a full allegation of facts that would constitute a violation of the specific prohibitions enumerated in this chapter;
4. The complaint restates other complaints containing essentially similar or identical allegations that have already been disposed of, and the evidence presented does not warrant reopening of the previous case;
5. The allegations contained in the complaint are already under investigation by the Board of Ethics;
6. The complaint consists of speculation, opinion, frivolous contentions, or absurd accusations; or
7. The Board of Ethics determines other good cause requires dismissal. If the dismissal is for this reason, the good cause must be set forth in the minutes of the preliminary review.
If the complaint is dismissed, the Board shall issue a letter to the complainant and respondent as soon as possible, indicating the reason for the dismissal of the complaint. Such letter is not a conclusive finding and is not intended to be evidence in any enforcement action initiated by another agency.
B. Prima Facie Showing Made – Further Action. If the Board determines that a prima facie showing has been made, then the Board shall determine the appropriate course of action, including the following:
1. The Board may request additional information from complainant or the respondent. The Board shall endeavor to complete this action within 45 days from the prima facie finding. If the information is not received within the 45 days, such fact shall be reported to the Board. After this stage is complete, the matter should be set for a probable cause hearing within 30 days.
2. The Board may create an ad hoc subcommittee comprised of one to three Board members to conduct further investigation. The ad hoc subcommittee shall endeavor to complete its investigation within 90 days of the prima facie finding. If the investigation is not completed within the 90 days, such fact shall be reported to the Board. After this stage is complete the matter should be set for a probable cause hearing within 30 days.
3. The Board may hire an individual from a list of prequalified investigators to conduct an investigation. This provision is subject to available funding. The investigator shall endeavor to complete the investigation within 90 days of the prima facie finding. If the investigation is not completed within the 90 days, such fact shall be reported to the Board. After this stage is complete the matter should be set for a probable cause hearing within 30 days.
The Board of Ethics shall establish a written policy for the selection of prequalified investigators. In determining qualifications, the Board of Ethics shall consider, but is not limited to, the following:
a. Professional licensing;
b. Experience in conducting investigations;
c. Area or areas of expertise required for the investigation;
d. Available support staff;
e. Reasonable costs;
f. The existence of conflicts of interest;
g. Proven ability to timely complete tasks.
4. The Board may set the matter for a probable cause hearing. The Board shall endeavor to set the probable cause hearing within 45 days of the prima facie finding. (Ord. 3264 § 1, 2013).