4.14.100 Complaints – Hearing | Stanwood Municipal Code

4.14.100 Complaints – Hearing.

(1) Upon report of sufficiency from the board of ethics, the city clerk must schedule a public hearing to determine if a violation has occurred. Notice must be provided at least 30 days prior to the date of the hearing.

(2) The city council must designate an attorney with experience in ethics matters as an ethics officer to conduct a hearing on the complaint.

(a) The ethics officer must conduct an informal hearing that affords the person complained against the opportunity and the right to file a written answer to the charge and to appear at the hearing with or without legal counsel, submit testimony, be fully heard, and to examine and cross-examine witnesses.

(b) The ethics officer is not bound by the strict rules of evidence prevailing in courts of law or equity. The ethics officer may call witnesses on his or her own motion and compel the production of books, records, papers, or other evidence as needed. To that end, the ethics officer may issue subpoenas and subpoenas duces tecum. All testimony must be under oath administered by the ethics officer. The ethics officer may adjourn the hearing from time to time to allow for the orderly presentation of evidence. The ethics officer must prepare an official record of the hearing, including all testimony, which must be recorded by mechanical device, and exhibits. The ethics officer is not required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription.

(4) Within 30 days after the conclusion of the hearing, the ethics officer must, based upon a preponderance of the evidence, issue a decision including findings of fact, conclusions of law, and his or her recommended disposition. A copy of the findings, conclusions, and recommended disposition must be sent to:

(a) The person who made the complaint;

(b) The person complained against;