§ 2-81. Hearings and procedures.

(a)

Any person may initiate a complaint of a violation of this code of ethics by submitting to the secretary to the board of ethics, a written, sworn complaint under penalty of perjury, upon a form prescribed by the board of ethics.

(b)

The board of ethics may also initiate an investigation on its own initiative if it deems such action necessary.

(c)

Within five days following the filing of a complaint, the subject of the complaint shall be notified of the existence and nature of the complaint.

(d)

The board of ethics shall, within 30 days following the filing of a complaint or initiation of an investigation on it own initiative, conduct a hearing to determine whether probable cause exists to believe there has been a violation of this code of ethics. If the board of ethics determines by majority vote that probable cause does not exist, the complaint shall be dismissed or the investigation terminated and the parties will be so advised in writing. If the board of ethics determines that probable cause does exist, the involved parties shall be so advised in writing.

(e)

When probable cause is found to exist, the board of ethics shall schedule a formal hearing to consider the complaint. The board of ethics shall notify all involved parties in writing of the time and place of the hearing, which hearing shall not be held sooner than ten days following notice of same.

(f)

Hearings shall be public, and all parties shall have the opportunity to be heard, to summon witnesses, and to present evidence. Persons alleged to have violated this code of ethics shall have the right to be represented by counsel at their own expense.

(g)

The board of ethics shall have the power to compel the attendance of witnesses and the production of records by subpoena, and to take testimony under oath. Fulton County shall bear the costs of issuing subpoenas and, if desired by the board of ethics, the cost of having a court reporter present to record hearings. Any matters related to enforcing or quashing subpoenas may be submitted to the Superior Court of Fulton County.

(h)

At the conclusion of the hearing, the board of ethics shall deliberate upon its findings in public and shall determine its findings by majority vote. Findings that a violation of this code of ethics has occurred must be based upon a preponderance of the evidence. The board of ethics' decision shall be reduced to writing and provided to the parties, which decision shall be final; provided, however, that the decision shall be subject to review by writ of certiorari to the Superior Court of Fulton County.

(92-RM-579, § 3, 12-16-92; Ord. No. 03-1531, 2-4-04)