2-12-4: PROCEDURE FOR INQUIRIES:

The Ethics Commission shall adopt written rules for inquiries that create a process that is fair to both the person who submits the inquiry and the person who is the subject of the inquiry. In addition to rules which the commission may, in its discretion adopt, the rules shall:

   A.   Time Line: Establish time lines for all aspects of its handling of inquiries. The time lines shall be sufficiently long to enable a person who is the subject of an inquiry to have adequate time to understand the inquiry and prepare a response. The rules shall allow the commission to alter the time lines upon a request of the subject of the inquiry for more time to prepare.

   B.   Filing: Require the inquiry to be filed with either the City Clerk or the 1-800 telephone reporting line with sufficient identifying information to enable the Ethics Commission and staff to identify and contact the complaining party. The Ethics Commission will provide for a form which shall contain a statement that states, to the best of the person's knowledge, information and belief formed after reasonable reflection, the information in the inquiry is true. The rules shall require the inquiry to describe the facts that constitute the alleged violation of the Code of Ethics in sufficient detail so that the commission and the person who is the subject of the inquiry can reasonably be expected to understand the nature of any offense that is being alleged.

   C.   Actions More Than One Year: Prohibit the commission from accepting inquiries about actions that took place more than one year prior to the date of filing.

   D.   Notification: Require the commission to notify the person who is the subject of the inquiry that an inquiry has been filed. The rules shall require the commission to provide notification in a timely manner. The rules shall require the notification to include a copy of the full inquiry; a copy of any portion of the Code of Ethics that is alleged to have been violated; and the commission rules for dealing with inquiries.

   E.   Public Release Of Inquiry: Require the commission to provide the subject of the inquiry with a copy of the inquiry before it provides copies to any other parties. The rules shall recognize that distribution to the public of an inquiry prior to screening by the commission or its designee could harm the reputation of an innocent person and is contrary to the public interest; therefore, the rules shall prohibit the public release of the inquiry until the screening process has been completed.

   F.   Review Time Period; Dismissal: Require the commission, a committee of the commission or a designee of the commission to review the inquiries within the time period as adopted by the commission. The rules shall require the dismissal and the reason for dismissal to be in writing and available to the public. The rules shall allow the inquiry to be dismissed if:

      1.   The commission has no jurisdiction over the subject matter or the alleged violator;

      2.   The alleged violation, if true, would not constitute a violation of the Code of Ethics;

      3.   The alleged violation is a minor or de minimis violation;

      4.   The inquiry is, on its face, frivolous, groundless or brought for purposes of harassment;

      5.   The matter has become moot because the person who is the subject of the inquiry is no longer an officer, official or employee, unless the commission determines that the public interest would be served by publishing an advisory opinion;

      6.   The person who is the subject of the inquiry had obtained a determination that the issue was de minimis or an advisory opinion under section 2-12-2 of this chapter permitting the conduct; or

      7.   The Supervisor or department head has already taken action as a result of finding a violation.

   G.   Finding Without Public Hearing: Allow the commission, at its discretion, to make a finding solely on the basis of written arguments without holding a public hearing, if it determines that there is no significant discrepancy in the facts as presented by the person filing the inquiry and the person who is the subject of the inquiry; and the commission determines that it does not need any additional information. However, the person alleged to have violated the Code of Ethics retains the right to demand a hearing, which may be open to the public.

   H.   Open Meetings: Require the commission to have hearings on inquiries at meetings which may open to the public, when said inquiries have not been dismissed or resolved pursuant to this section.

   I.   Representation: Allow any person who is the subject of an inquiry to designate a representative if he or she wishes to be represented by another, to present evidence, and to cross examine witnesses. The rules shall allow the person who submitted the inquiry and the subject of the inquiry sufficient time to examine and respond to any evidence not presented to them in advance of the hearing. While the intent of the process is to provide all parties sufficient time to prepare for a hearing, in no circumstance shall the inquiry hearing be held more than sixty (60) days from receipt of the inquiry.

   J.   Open Deliberations: Require deliberations on inquiries to be conducted in an open public session unless the hearing is closed pursuant to law.

   K.   Dismissal Without Finding: Allow the commission to dismiss an inquiry without a finding for or against the subject of the inquiry if the person committed the violation due to oversight and comes into voluntary compliance.

   L.   Failure To Appear: Allow the commission to dismiss an inquiry if the person who submitted it does not appear at the hearing and if, in the opinion of the commission, it would be unfair to the subject of the inquiry not to have the opportunity to cross examine the person. The rules shall, however, require the City Clerk to schedule the hearing at a time reasonably convenient to both the person who submitted the inquiry and the subject of the inquiry.

   M.   Compelling Attendance: Allow the commission to compel the attendance of any City officer, official or employee to testify at a hearing before the commission.

   N.   Subpoenas: Allow the commission to request that City Council, with the assistance of the Mayor, issue subpoenas to individuals the commission reasonably believes are necessary to fully appreciate the facts and circumstances related to an inquiry. The issuance and service of said subpoena shall be in accordance with the process set forth in Idaho Code section 50-216.

   O.   Evidence: Require the commission to base its finding of a violation upon clear and convincing evidence.

   P.   Referral When Evidence Of Crime: Require the commission to stay the inquiry and refer the entire matter to the appropriate prosecuting attorney and/or law enforcement agency when credible evidence of a crime under State law is discovered.

   Q.   Frivolous Inquiries: Require the commission to inform the person who submitted the inquiry and the subject of the inquiry in writing if it believes an inquiry is frivolous, groundless or brought for purposes of harassment.

   R.   Prohibited Participation: Prohibit members who have not been present for the hearing from participating in the findings or recommendations.

   S.   Majority Required: Require that findings and recommendations be made only by a majority of the commission.

   T.   Considerations By Commission: Allow the commission to consider, when it makes findings and recommendations, the severity of the offense; the presence or absence of any intention to conceal, deceive or mislead; whether the violation was deliberate, negligent or part of a pattern.

   U.   Advisory Opinion: Allow the commission to issue an advisory opinion in response to any inquiry, in lieu of making findings and recommendations, where deemed appropriate by the commission. (1952 Code § 2-24-04)