2.28.120 Complaint procedures – Probable cause hearing.
The purpose of the probable cause hearing is to determine if there are facts and circumstances, of a reasonably trustworthy nature, sufficient to justify a person of reasonable caution or prudence in the belief that a violation of the specific prohibitions has occurred (“probable cause”). To find probable cause, there must be an affirmative vote of the majority of the entire voting membership. The following procedures shall be followed in the conduct of a probable cause hearing:
A. Both parties shall be provided notice that the probable cause hearing has been set.
B. The complainant and respondent shall be informed that they may lodge with the Board 10 days before the hearing additional evidence and a statement on their behalf for the Board’s consideration. If such evidence is not provided to the Board within the time frame indicated, the Board may, but is not required to, exclude such evidence. As soon after receipt of such evidence by the Board, the Board should endeavor to provide the opposing party a copy thereof.
C. At the hearing, the Board shall review, but is not limited to, the following: the complaint, including any supporting documents, that was filed; information acquired during any Board-ordered investigation or request for information; and any other documents or evidence provided to the Board before the probable cause hearing.
D. The Board, in its discretion, may permit additional documents or evidence to be admitted into the probable cause hearing. The Board, in its discretion, may also permit witnesses to testify. Witnesses may be subject to cross-examination, as permitted by the Board.
E. Both parties may comment on the issue of probable cause, as permitted by the Brown Act.
F. If the Board determines that probable cause does not exist, the Board shall dismiss the complaint.
G. If the Board determines that probable cause exists, the Board should set a hearing on the merits within 45 days thereafter. (Ord. 3264 § 1, 2013).