Atlanta › Charter and Related Laws — Part I
Chapter 9 — The Ethics Office
Code as publishedas of 2026-05-27
Our copychecked by hand 2026-07-09
StatusOfficial
§ 9-101
The Ethics Office.
(a)Establishment. There is hereby established the Ethics Office.
(b)Purposes. The purposes of this Article shall be to provide for an orderly and fair process for raising and addressing ethical questions and for disciplining those officials and employees and other persons who violate the Code of Ethics/ Standards of Conduct set forth in Chapter 2, Article VII, Division 2 of the City of Atlanta Code of Ordinances.
(c)The City of Atlanta Ethics Office shall be led by the Ethics Officer who shall be responsible for the administration and direction of the affairs and operations of the City of Atlanta Ethics Office.
(d)Funding.
(1)The Atlanta City Council shall provide funds necessary for the facilities, equipment, and staffing of the Ethics Office to carry out the responsibilities specified herein and by ordinance.
(2)Funding provided by the Atlanta City Council for the Ethics Office made pursuant to this section shall include specific funding for the Ethics Office.
(e)Access to records and property; rights and responsibilities; duty to cooperate.
(1)Except where confidential and/or privileged as recognized by state law, all city officials and employees shall allow the Ethics Office access pursuant to this subsection to any and all public records and property in the custody of the City of Atlanta, including but not limited to books, records, documents, and automated data. All city officials and employees shall also allow the Ethics Office access pursuant to this subsection to personnel, processes (including meetings) and other requested public information, pertaining to the business of the city and within the custody of the City of Atlanta regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business, which have been determined by the Ethics Office to be required to conduct an investigation. In addition, except where confidential and/or privileged as recognized by state law, such officials and employees shall provide access for the Ethics Officer to inspect all property, equipment, and facilities within their custody. The provision of public records in the custody of the City of Atlanta pursuant to this section shall be done pursuant to applicable City of Atlanta internal processes and procedures without undue delay in accordance with this section. The provision of property in the custody of the City of Atlanta pursuant to this section shall be pursuant to the following:
a.The Ethics Office should first request that the employee or city contractor in possession of the property sought voluntarily surrender the property. This request should be in writing, specifying the property needed. This request shall include citation to any relevant laws, regulations, or poli-cies that give the Ethics Office the authority to seize or review the City-owned property as part of the investigation. This includes ensuring that the Ethics Office has the jurisdiction to access such property and any related data. Should any applicable City of Atlanta internal processes and procedures cause delay in the surrender of property, such processes or procedures shall be communicated to the Ethics Office in writing, and such communication shall detail the internal process or procedure causing the delay and shall provide an estimated date by which the property shall be surrendered.
b.Should there be a refusal to voluntarily surrender the property, the Ethics Office may proceed with the issuance of a subpoena for such property in accordance with the requirements of this section.
c.Upon the seizure of City property, the Ethics Office shall maintain a clear chain of custody for all seized property, documenting the time, date, and person who handled the property at each stage to maintain the integrity of the evidence.
d.If necessary, pursuant to an investigation, the Ethics Office shall engage the Department of Atlanta Information Management or utilize digital forensic software or other technology to properly extract data from devices to preserve the integrity of the evidence without tampering.
(2)The provision of personal property in the custody of City of Atlanta officials and/or employees can only be sought if there is a clear, legitimate reason to believe that they contain evidence relevant to the-an investigation such as where public records are stored on personal electronic devices.
The access to personal property shall only be obtained pursuant to the following procedures:
a.The Ethics Office should first request that the employee or city contractor in possession of the personal property sought voluntarily surrender the personal property or the relevant information contained therein. This request should be in writing, detailing the reason for the investigation and specifying the property needed and the individual evidence such as emails, text messages, or files sought. This request shall include citation to any relevant laws, regulations, or policies that give the Ethics Office the authority to seize or review the City-owned devices as part of the investigation.
b.Should there be a refusal to voluntarily surrender the personal property, the Ethics Office may proceed with the issuance of a subpoena for such property in accordance with the requirements of this section.
c.Upon the seizure of personal property, the Ethics Office shall maintain a clear chain of custody for all seized property, documenting the time, date, and person who handled the property at each stage to maintain the integrity of the evidence.
d.If necessary, the Ethics Office shall engage the Department of Atlanta Information Management or utilize digital forensic software or other technology to properly extract data from devices to preserve the integrity of the evidence without tampering.
e.Efforts should be made to copy or mirror any personal property, computer, cell phones or other electronic devices, such that the inconvenience to the owner of the personal property is minimized.
(3)In the event any city official or employee shall fail to allow access to any requested public records and property in the custody of the City of Atlanta as required in this section, the Ethics Officer shall have the power to compel the production of said public records or property in the custody of the City of Atlanta information by subpoena. The Municipal Court of Atlanta, upon written motion made promptly and in any event before the time specified in the subpoena for compliance therewith may either:
a.quash or modify the subpoena if it is unreasonable or oppressive; or
b.condition denial of the motion upon the advancement by the Ethics Officer of the reasonable cost of producing the evidence; or
c.uphold the validity of the subpoena and compel release or access to the property.
If any person duly subpoenaed shall fail to allow access to said public records and property, the Ethics Officer shall report such failure to the Municipal Court of Atlanta any court of record or judge thereof in accordance with applicable law, who may make such order as shall be proper for the production of any such documents and things, or the person may be cited and punished for contempt by the Municipal Court
(4)All contracts with outside contractors, vendors and agencies shall include an inspections clause to provide access for the Ethics Office's access to all records, and those of their subcontractors, needed to verify compliance with the terms specified in the contract. No member of the Ethics Office shall participate in any activity, decision or meeting that would impair independence.
(5)In addition to as specifically provided in this section, in furtherance of an investigation initiated pursuant to this Article, the Ethics Officer may issue subpoenas to compel the production of documents and things including for books, records, documents, papers, automated data, and other written instruments. Subpoenas issued to third parties in possession of financial data, medical information, or telecommunications activity information, must be approved by a judge of the Municipal Court of Atlanta prior to issuance. Additionally, upon issuance, pursuant to Georgia law, the person or entity whose information is sought from the third-party must be given a copy of the subpoena simultaneously with its issuance to give the third party an opportunity to contest the validity of the subpoena pursuant to a motion to quash before the disclosure of the records to the Ethics Office. The Municipal Court of Atlanta, upon written motion made promptly and in any event before the time specified in the subpoena for compliance therewith may either:
a.Quash or modify the subpoena if it is unreasonable or oppressive; or
b.Condition denial of the motion upon the advancement by the Ethics Officer of the reasonable cost of producing the evidence; or
c.Uphold the validity of the subpoena and compel release or access to the requested records.
If any person duly subpoenaed shall fail to allow access to said public records and property, the Ethics Officer shall report such failure to the Municipal Court of Atlanta or judge thereof, who may make such order as shall be proper for the production of any such documents and things, or the person may be cited and punished for contempt by the Municipal Court.
(6)Records and property subject to disclosure under this section which state law recognizes as confidential and/or privileged shall be exempt from disclosure to the Ethics Office or subpoena issued under this section.
(7)The Ethics Office shall not publicly disclose any information received during an investigation that is considered confidential by any local, state, or federal law or regulation.
(8)Rights and responsibilities.
a.The Ethics Office shall inform the subjects of the investigation prior to the time of their interview, if any, and subjects of an investigation shall have the right to representation of their choice from a union or an attorney during any interviews by the Ethics Office. If the subject desires an attorney, the city attorney may select and appoint an outside counsel to represent the subject.
b.Employees should be fully informed of their rights and responsibilities when interacting with the Ethics Office and be provided a clear written notice thereof prior to any interview.
c.Employee interviews shall only be conducted during an employee's assigned working hours and shall only be conducted in City facilities, unless a different time or location, including but not limited to the home of the employee, is mutually agreed upon by the employee and the Ethics Office.
d.The Ethics Office is expressly prohibited from the use of any covert surveillance technology during the conduct of any investigation conducted thereby.
(9)In addition to the obligations described in this subsection, it shall be the duty of every city official or employees, and officials and employees of city outside contractors, vendors and agencies to cooperate with the Ethics Office regarding any investigation initiated pursuant to this Article by answering questions and/or make sworn statements concerning an investigation initiated pursuant to this Article when directed to do so by a duly appointed representative of the Ethics Office. Officials and employees will provide all relevant information and answer all questions honestly, completely, and to the best of their ability. An official or employee's refusal to cooperate and provide sworn statements, answers, as required by this subsection shall be considered a violation in accordance with this section.
(f)Violations.
(1)Violations of the Code of Ethics/Standards of Conduct, the intentional furnishing of false or misleading information to the Ethics Office, or the failure to follow a written ethics opinion rendered by the Ethics Officer, shall subject the violator to any one or more of the following:
a.Administrative sanction of not more than $1,000.00 assessed by the Office of the Ethics Office;
b.Public reprimand by the Ethics Office; and
c.Prosecution by the city solicitor in municipal court for a violation of this section, and, upon conviction, to a fine of up to $1,000.00 per violation and up to six months imprisonment in accordance with section 1-8, whether the official or employee is elected or appointed, paid or unpaid. Nothing in this section shall be interpreted to conflict with state law. An action for violation under this subsection shall be commenced within two years after the violation in accordance with section 1-9.
(2)With regard to violations by City of Atlanta employees, in addition to the remedies articulated in this subsection, the Ethics Office may recommend any one or more of the disciplinary actions set forth in section 114-502.
(3)With regard to violations by persons other than officials or employees, in addition to the remedies in this section, the Ethics Office may recommend to the Chief Procurement Officer any one or more of the following:
a.Suspension of a contractor; and
b.Disqualification or debarment from contracting or subcontracting with the city.
(4)The value of any gratuity transferred from the City of Atlanta General Fund or received from the General Fund in breach of the provisions of this Article, the City of Atlanta Code of Ordinances, state law, or federal law, may be recovered from either the receiving official or employee or the person or entity providing the gratuity, for deposit in the City of Atlanta General Fund.
(g)Protection for reporting of violations. Officials and employees are encouraged to report suspected ethical violations to the Ethics Office. No official or employee shall use or threaten to use any official authority or influence to discourage, restrain or interfere with any other person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the Ethics Office, information relating to a violation or investigation under this Article. No official or employee shall use or threaten to use any official authority or influence in order to effect affect any action as a reprisal against an official or employee who reports, initiates a complaint, or otherwise brings to the attention of the Ethics Office, information relating to a violation or investigation under this Article.
(1)A city official or employee, or officials or employees of city outside contractors, vendors and agencies, who believes that they have been subject to action in violation of this subsection may report an allegation of such action to the Ethics Office, which shall conduct an investigation into such an allegation.
(2)Within 30 days of its receipt of an allegation made in accordance with this subsection, the Ethics Office shall provide written notice to the individual having made such an allegation, that the allega-tion has been received by the Ethics Office and the name of the individual in the Ethics Office who shall serve as the point of contact with the individual having made the allegation.
(3)At the conclusion of an investigation conducted pursuant to this subsection, the Ethics Office shall issue a final decision and report in accordance with this section. Violations of this subsection shall be subject to action provided in subsection (f) in addition to any remedies available under federal or state law.
(h)Upon request of the Ethics Board, the city attorney, shall provide legal counsel to the Ethics Board. Any attorney(s) assigned to provide legal counsel to the Ethics Office shall be subject to internal measures adopted by the Department of Law to ensure confidentiality of information gained while advising the Ethics Office and that there shall be no conflicts under Rule 1.7 of the Georgia Rules of Professional Conduct.
(i)City political activities, prohibited.
(1)The Ethics Officer shall not engage in city electoral political activities and may not make campaign contributions to candidates in city elections during their terms. A violation of this subsection shall constitute cause for removal of as described in this Article.
(2)No employee of the Ethics Office shall perform work, either in a paid or unpaid capacity, for any candidate for City elected office.
(Ord. No. 2025-06(25-O-1009), § 3, 2-17-25)
§ 9-102
Ethics Board.
(a)To ensure the independence of the Ethics Office, the Ethics Board is hereby established.
(b)The Ethics Board shall have the powers and duties as provided in this Article.
(c)The position of a member of the Ethics Board shall be deemed vacated:
(1)Upon the expiration of his or her term, except that any member of the Board serving an expired term may continue to serve until they are re-appointed or until a successor is appointed;
(2)Upon the death of a member or the disability or incapacity of a member for more than 90 days;
(3)Upon the written resignation of the member, tendered to the Board;
(4)Upon removal of the member for good cause by a majority vote of the Board. Good cause may consist of, but is not limited to, sharing confidential information regarding investigations, using information gleaned from investigations for personal gain, or to influence investigations, and/or a failure to otherwise fulfill their duties as a member of the Board.
(d)Members shall be prohibited from engaging in city electoral political activities and from making campaign contributions to candidates in city elections during their terms as Board members. Violations of this subsection may be punished by removal from Board membership by a majority vote of the members.
(e)Unless otherwise specified, the Ethics Board shall:
(1)Elect a chair, who must be an attorney, by majority vote of the serving members. Each chair will serve a two-year term and shall be eligible to serve as chair in successive years.
(2)Elect a vice-chair to preside in the absence of the chair. The vice-chair will serve a one-year term and shall be eligible to serve as vice-chair in successive years.
(3)Hold regular meetings at City Hall. Such meetings shall be televised. All meetings of the Board shall be conducted as required by the Georgia Open Meetings Act.
(4)Conduct its business only with a quorum. A majority of the members of the Board, shall constitute a quorum. The affirmative vote of a majority of the members shall be required for the transaction of business, except as otherwise provided by this Article. In no event shall a decision of the Board be voted upon by fewer than 4 members.
(6)The Ethics Board shall be free to contract for the services of a competent court reporter to take down statements, testimony and discussions at its meeting or to use in lieu thereof a competent person adept at shorthand reporting and/or mechanical transcribing devices, whichever method is from time to time desired by the Board, such services to be paid for by the city.
(f)The city shall pay all administrative costs, including those specifically stipulated in this Article, pertaining to the operation of the Board.
(g)No member of the Board present at a meeting of a quorum of the Ethics Board shall abstain from voting for any reason other than a publicly disclosed conflict of interest.
(h)The Ethics Board may establish its own bylaws. Except as otherwise provided in this Article, or as set forth in duly adopted bylaws, the meetings of the Ethics Board shall be governed by Robert's Rules of Order. (Ord. No. 2025-06(25-O-1009), § 3, 2-17-25)
§ 9-103
Functions of the Ethics Board; appeal hearings.
In addition to the functions described in this Article, the Ethics Board shall:
(a)Hear all appeals that may be filed from any adverse decision or report issued by the Ethics Office, pursuant to this Article. Appeals must be filed within 14 days of receipt of the adverse decision. In no way shall the ability to appeal an adverse decision of the Ethics Office issued pursuant to this Article constitute the establishment of a property interest in any employee's employment with the City. Any such property interest shall only be established pursuant to Chapter 114.
(b)Subpoena; authority of Ethics Board.
(1)Issuance, contents, service. Whenever the attendance of any witness may be required before the Ethics Board to establish any fact in connection with any hearing which may be lawfully conducted by the Board, the Board is authorized to, by majority vote, issue a subpoena, directed to the witness, requiring the witness to personally be and appear at the time and place of the hearing conducted by the Board and to produce at that time and place any documentary evidence which, in the judgment of the Board, may be required. Such witness shall remain in attendance at the hearing until excused therefrom. The subpoena shall be issued in the name of the city, shall be signed by the presiding member of the Board. Service of a hearing subpoena issued by the Board in accordance with this subsection shall be issued at least 24 hours before the time such witness is required to attend and shall continue in effect until the attendance of the witness.
(2)Penalty for violation. If any person so summoned as set out in part (1) of subsection (b) of this section as a witness shall fail, neglect or refuse to attend the hearing or shall fail, neglect or refuse to produce any relevant documentary evidence or shall fail or refuse to take and subscribe to the required oath or affirmation or shall fail to answer any question lawfully propounded or shall fail to continue in attendance until excused by the Board, the person shall be cited to appear before the municipal court and, upon conviction, to punishment as provided in section 1-8.
(c)During all hearings before the Board, formal legal rules of evidence shall not be strictly applied. Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Board shall follow the Georgia rules of evidence regarding privileges.
(d)Any decisions of the Ethics Board on an appeal filed in accordance with this section shall be either to affirm or overturn the decision of the Ethics Office; and shall be issued in writing by the member of the Board presiding over the hearing, shall be issued in writing within 15 days from the close of the evidence. The Board shall use "the preponderance of the evidence" as the standard of proof for all decisions. The decision shall be transmitted to the parties or their representatives. The Board's decision shall be final, and there shall be no right to any additional administrative appeals.
(e)Final decisions of the Board against a party subject to an investigation may be appealed via a petition for review pursuant to the Superior and State Court Appellate Practice Act at OCGA Sec. 5-3-1, et seq. (Ord. No. 2025-06(25-O-1009), § 3, 2-17-25)
§ 9-104
The Ethics Board; appointments; terms.
(a)The Ethics Board shall consist of five members, all of whom shall be known for their personal integrity. Nominees shall either be residents of the city, shall be employed within the city, or shall maintain business interests within the city. It is further urged that the members of the Board shall reflect the diversity of the city with regard to race, color, creed, religion, gender, marital status, parental status, familial status, sexual orientation, national origin, gender identity, age and disability. At all times, at least three members shall be attorneys licensed to practice law in the State of Georgia.
(b)Appointments to the Board shall be made as follows and said appointments shall be confirmed by the city council and approved by the mayor:
(1)The Atlanta Bar Association may nominate one member;
(2)The Gate City Bar Association may nominate one member;
(3)The Atlanta-Fulton County League of Women Voters may nominate one member;
(4)The Metro Atlanta Chamber of Commerce may nominate one member from the organizations that are members of the chamber;
(5)The Atlanta Planning Advisory Board may nominate one member, which member shall not be an officer of a neighborhood planning unit;
(c)The members shall each serve for terms of three years. The members shall elect a chairperson, who shall be an attorney with no less than five years of experience, from among the members.
(d)Appointees shall be subject to an education and employment background check, a criminal history check, and a check for past violations under the jurisdiction of the Ethics Office. Appointees shall execute all releases necessary for the department of personnel and human resources and the department of police to accomplish the same. If the appointee is determined to have committed a felony, the proposed appointment shall be withdrawn. (Ord. No. 2025-06(25-O-1009), § 3, 2-17-25)
§ 9-105
Ethics Officer.
(a)Appointment; qualifications; term; removal. There is hereby created the Ethics Officer.
(1)The Ethics Officer must be an active member of the State Bar of Georgia or admitted to the bar in another jurisdiction with eligibility to the State Bar of Georgia through reciprocity or passage of the Georgia bar examination and be in good standing with five years' experience in the practice of law. If the Ethics Officer is not an active member of the State Bar of Georgia on the date of hire, they shall seek and obtain admission within eighteen months of hire date.
(2)The Ethics Officer shall be appointed by a vote of two-thirds of the Ethics Board for a period of five (5) years, subject to confirmation by a majority of the council and approval by the mayor. Removal of the Ethics Officer from office before the expiration of the designated term shall be for cause on a vote of two-thirds of the members of the Ethics Board.
(b)The Ethics Officer shall be responsible for the administration and direction of the affairs and operations of the Ethics Office; shall exercise general management and control of the Ethics Office; and shall be deemed to be the appointing authority within the context of Chapter 114 of the City of Atlanta Code of Ordinances regarding actions concerning any of the deputies, assistants, employees and personnel assigned to the Ethics Office; and shall be responsible for maintaining records of the Ethics Office.
(c)The Ethics Officer shall report to the Ethics Board; and notwithstanding any provision of this Article to the contrary, the Ethics Board shall act as the appointing authority within the context of Chapter 114 of the City of Atlanta Code of Ordinances regarding actions concerning the Ethics Officer.
(d)Reporting Responsibilities. The Ethics Officer's responsibilities to the Ethics Board shall include but shall not be limited to the following:
(1)Providing the Ethics Board with written copies of the Standard Operating policies and procedures of the Ethics Office, including but not limited to investigative policies and procedures for approval of the same.
(2)Issuing quarterly public reports to the Board to ensure transparency and accountability. These quarterly reports shall be considered public records and should include summaries of investigations, recommendations for corrective actions, outcomes (without disclosing sensitive or confidential information), and any difficulties or problems that the Ethics Office may have encountered.
(3)Submitting the Ethics Office to peer reviews to be conducted by professionals from similar agencies and coordinated by the Board no fewer than once every four years in order to assess the quality, fairness, and adherence to standards of the work of the Ethics Office.
(4)Providing an annual written report after approval by the Board, to the mayor, and the council each January describing the activities of the Ethics Office in carrying out the goals of the Ethics Office and the code of ethics and reporting on the ethical health of the city.
(e)Pursuant to Chapter 114 of the City of Atlanta Code of Ordinances and within the budget approval process and established personnel policies for all departments, neither the members of the council, the president of the council, nor the mayor shall in any manner attempt to influence or dictate the appointment or removal of any such official or employee whom Ethics Officer is empowered to appoint.
(f)The Ethics Officer, and any deputies, assistants, employees and personnel of the Ethics Office shall be members of the unclassified service of the City and shall not engage in the private practice of law. (Ord. No. 2025-06(25-O-1009), § 3, 2-17-25)
§ 9-106
Ethics Office.
(a)The Ethics Officer, as the leader of the Ethics Office shall be charged with the following duties and responsibilities:
(1)Educating and training all city officials and employees to have an awareness and understanding of the mandate for and enforcement of ethical conduct and advising on the provisions and applicability of the code of ethics of the city;
(2)Advising officials and employees regarding disclosure statements and reviewing same to ensure full and complete financial reporting;
(3)Urging compliance with the code of ethics by investigating any failure to comply or investigating any related issues pursuant to this Article and/or the code of ethics of the city, including the furnishing of false or misleading information;
(4)Managing a complaint intake system; and monitoring, evaluating and acting upon information obtained therefrom which shall include but shall not be limited to a city telephone number for the receipt of information about violations of matters under the jurisdiction of the Ethics Office, or by an employee of the city pursuant to section 3-508 of the City Charter. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public official or employee as provided by the Georgia Open Records Act;
(6)Promptly reporting, as appropriate, suspected non-ethics related violations to the appropriate administrative party within City of Atlanta government for review and potential investigation.
(7)Reporting, as appropriate, suspected criminal violations of a law, rule, regulation, or internal policy related to a matter under jurisdiction of the Ethics Office to the local, state or federal law enforcement agency with proper jurisdiction.
(b)Ethics Opinions. The Ethics Officer shall render an ethics advisory opinion based upon a real or hypothetical set of circumstances, when requested in writing or verbally by anyone who is an official or employee of the city or a member of a board, council, committee or commission who is personally involved in a matter requiring interpretation of the ethics code. Any person requesting an opinion in accordance with this section who has made a full and complete disclosure of all relevant facts shall be entitled to rely on the opinion or finding of the Ethics Officer as a guide to the conduct of such person in the person's relations to and with the city. Compliance with a written opinion or finding of the Ethics Officer shall serve in mitigation in any proceedings against such person for violation of this Article or the ethics code. Advisory opinions based upon current law shall be posted on the City's website.
(c)The Ethics Office shall have the authority to prescribe rules and regulations pursuant to this Article and the ethics code to administer the financial disclosure process and to issue opinions under this Article and the ethics code. The Ethics Office shall prescribe appropriate financial disclosure forms, instructions and methods of disclosure as required to comply with the requirements of disclosure of income and financial interests found at section 2-814.
(d)Pursuant to the requirements of this Article, the Ethics Office shall have the authority to initiate and conduct investigations in accordance with clear Investigation protocols to be adopted by the Ethics Office which shall ensure that all investigations follow a consistent process, which includes defining the scope, objectives, and timeline of the investigation. Investigations may be initiated:
(1)Upon a sworn written complaint by any person in a form prescribed by the Ethics Office, and which can be supported by the Ethics Office through a showing of reasonable articulable suspicion;
(2)Upon internal determination by the Ethics Office, supported by reasonable articulable suspicion, that a matter involving abuse of authority in the exercise of official duties or while acting under color of office, substantial misconduct, (such as gross mismanagement, gross waste of funds, or a substantial violation of law, ordinance, or regulation), or conduct that undermines the independence or integrity reasonably expected of an official has occurred or is occurring;
(3)Upon request via Resolution by the Atlanta City Council;
(4)Upon request by the Mayor of the City of Atlanta via administrative order;
(5)Upon request of the Chief Transparency Officer;
(6)Upon receipt of an anonymous or nonsworn written complaint. Where a complaint is communicated anonymously, such complaint shall be reasonably believed to have been made in good faith, and with veracity and sufficient specificity so as to provide salient and investigable facts which can be supported by the Ethics Office through a showing of reasonable articulable suspicion. The Ethics Office may require the anonymous complaint to be made in a manner and form that is intended only to obtain relevant facts related to the allegation, and that is not designed to reveal the identity of the complainant; or
(7)Upon receipt of a complaint via complaint intake system managed by the Ethics Officer pursuant to this Article.
(e)All written complaints shall contain the following if applicable:
(1)The name and address of the person or persons who file the complaint.
(2)The sworn verification and signature of the complainant.
(3)The name and address of the party or parties against whom the complaint is filed, and if such party is a candidate and the office being sought.
(4)A clear and concise statement of acts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law under the jurisdiction of the Ethics Office.
(5)Any further information which might support the allegations in the complaint including, but not limited to, the following:
a.The name and address of all other persons who have firsthand knowledge of the facts alleged in the complaint; and
b.Any documentary evidence that supports the facts alleged in the complaint.
(f)Defective complaint. Upon receipt of a written, non-anonymous complaint which does not conform to the applicable requirements of this section, the Ethics Office shall by written communication acknowledge receipt of the complaint and advise the complainant of the defect in the complaint and that the complaint may not be considered unless the defect is corrected.
(g)Preliminary Review of Investigations. Upon receipt of a complaint and/or the initiation of an investigation in accordance with this Article, the complaint or investigation shall be assigned an intake number. To ensure that resources are utilized effectively, investigations are targeted and justified, and to avoid the conduct of unwarranted inquiries, within a period not to exceed 90 days following the initiation of an investigation by the Ethics Office, the Ethics Office must conduct a preliminary review of facts which must reasonably indicate the suspected misconduct or wrongdoing. A determination that facts are present which reasonably indicate the probable occurrence of suspected misconduct or wrongdoing must be supported by credible evidence, a documented complaint, or specific and verifiable information. If, within 90 days of the initiation of an investigation, the Ethics Office determines that the facts do not reasonably indicate the probable occurrence of suspected misconduct or wrongdoing, the investigation should be closed.
(h)Opportunity for Response. To protect against erroneous, arbitrary adverse decisions and, where the preliminary findings indicate the Ethics Office shall issue an adverse decision or report, the subject of such an adverse decision, including any individuals, employees, officials, office or department of city government, or other entity shall be presented with a summary of the preliminary adverse findings and given the opportunity to respond to preliminary findings within 10 working days of the presentation of such findings.
(1)Response options. The response may be made in writing or in person or both. If the response is made in person, a video and/or audio recording of the response shall be made and transcribed, and such records shall be included in the investigation file.
(2)Supporting documentation. The subject may submit statements or supporting documentation from persons having knowledge of the circumstances to support the response.
(3)Representative. If the subject chooses to meet with the Ethics Office, the subject may be accompanied by a representative or attorney.
(4)Further official investigation. The Ethics Office may conduct further investigation, provided that the Ethics Office determines that additional time is necessary for further investigation provided that the two year period during which violations are to be reported as provided herein shall not be exceeded.
(i)Issuance of Final Decisions and Reports. At the conclusion of any investigation conducted by the Ethics Office, the Ethics Officer shall issue a final decision and report.
(1)Requirements of final decision and report. As part of the final decision and report, the report shall include findings of fact and any law on which the decision is based, separately stated, and the effective date of the decision. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Where possible, names of witnesses and persons other than the subject(s) of the investigation should not be contained in the final decision and report.
(2)Transmittal and Referral of final decision and report. The Ethics Officer shall provide the final decision and report to the Ethics Board. The Ethics Board shall then transmit the final decision and report to the mayor, the city council and to the public. The Board shall also cause closing letters to be transmitted to the subject(s) of investigations once an investigation is concluded, informing them of the findings and any follow-up actions within 30 days.
(Ord. No. 2025-06(25-O-1009), § 3, 2-17-25)