§ 2-6-125. Conducting investigations; preliminary written legal analysis; notice of charges; scheduling hearing.

(a)

The board of ethics shall dispose of an investigation and, if any, notice of charges, within ninety-one (91) calendar days after its initiation. However, under extraordinary circumstances, as defined in section 2-6-3 of this Code, the board may extend its time to conduct an investigation and issue notice of charges by not more than ninety-one (91) additional days. In the event that the board extends its time to conduct an investigation, the board shall notify, in writing, the public servant, contractor, or vendor who is the subject of the investigation initiated by the board of the extension and the specific reasons therefor.

(b)

In accordance with administrative rules that are promulgated pursuant to section 2-6-91 of this Code:

(1)

Within fourteen (14) calendar days of the initiation of an investigation by the board, the city attorney from the law department, or outside counsel, who represents the board shall provide the board with a preliminary written legal analysis for the board's review;

(2)

Where the board determines that the issuance of a notice of charges is unwarranted, the investigation shall be closed and the public servant, contractor, or vendor who is the subject of an investigation that is initiated by the board shall be notified, in writing, via first class and certified mail, that the investigation has been closed;

(3)

Where the board determines that issuance of a notice of charges is warranted, the public servant, contractor, or vendor who is the subject of an investigation initiated by the board shall be sent, via certified and first class mail, a notice of charges and be given the opportunity to submit a written response to the notice charges prior to the board deciding whether to hold a hearing;

(4)

The public servant, contractor, or vendor who is the subject of an investigation initiated by the board of ethics shall have the opportunity to submit to the board a written response within fourteen (14) calendar days of receipt of notice of charges. Where the public servant, contractor, or vendor does not submit a written response within (14) days, the public servant, contractor, or vendor shall not be precluded either from submitting a written response later during the investigation, or from participating in any hearing which may be conducted regarding the notice of charges; and

(5)

After receipt of the city attorney, or outside counsel's, legal analysis, and the response, if any, from the public servant, contractor, or vendor who is the subject of an investigation initiated by the board, the board shall review and consider the legal analysis and the response, if any, from the public servant, contractor, or vendor who is the subject of the investigation, and dispose of the investigation in accordance with section 2-6-126 of this Code.

(Ord. No. 43-06, § 1, 11-17-06; Ord. No. 20-10, § 1, 10-12-10; Ord. No. 18-12, § 1, 7-31-12)