Ethics Commission Complaint Policy
(Readers are encouraged to consult the Ethics Ordinance)
I. The Complaint Policy shall apply to matters involving the City of Tybee Island and to the following persons engaged in, acting on or accountable for these matters:
A. Public Servants (defined in Section 5.09 – (12) of the Code of Ethics)
B. Others doing business with the City, seeking to do business with the City, representing the City, or seeking action by the City.
C. Any person to the extent that it is unlawful to submit a frivolous or malicious complaint that the Code has been violated or to knowingly attempt, successfully or not, to induce a Public Servant to violate this Code.
II. The Complaint Policy shall apply to all complaints brought before the Ethics Commission, but especially to any violation of Article III of the Code, Compliance. (Article III can be found elsewhere in this section of the web site.)
COMPLAINT PROCEDURE
I. Complainant is issued a (check) list of requirements for filing a complaint as well as a copy of the Complaint Policy and Article III of the Code.
II. Deliver complaint to Clerk of Council with indication on the envelope if the accused is a City Employee.
The Clerk of Council is to:
(1) Date, stamp and initial the back flap of the envelope
(2) Give a receipt to complainant
(3) Deliver the complaint to the Ethics Commission designee or the City Manager within 5 business days
(4) Report to the Ethics Commission designee if a complaint has been delivered to the City Manager
III. Complaint Reviewed
A. City Manager receives employee complaints
(1) Reviews the complaint in accordance with the complaint policy
(2) Reports in writing to the Ethics Commission the outcome of complaints against City employees
B. Ethics Commission receives all other complaints
(1) Deficient claims returned to complainant within 7 business days with letter explaining deficiencies
(2) Complainant may re-submit complaint with deficiencies corrected within 7 business days
(3) Complainant may withdraw complaint
(4) Documented sufficient complaint handled by the Ethics Commission
IV. Ethics Commission Review
A. Copy of complaint delivered to accused via registered mail within 7 business days of determination that complaint is not technically deficient
B. Accused may reply in writing to the complaint within such time as directed by the Ethics Commission, not to exceed 30 days.
(1) If the accused agrees that a violation has occurred, no further investigation will take place
(a) Letter of explanation sent to complainant
(2) For an agreed violation the case will be reported to the City Council for disposition
C. Ethics Commission investigatory review to be held within 30 days from date of response by accused.
(1) Unsubstantiated claims dismissed
(2) Substantiated claims proceed to a hearing
V. Ethics Commission formal public hearing not to exceed 30 days from conclusion of investigatory review.
A. Certified written notice given to each party
B. Each party has the opportunity to present their case
VI. Commission deliberates and issues a determination.
A. Violators are reported to City Council with recommendation for disposition
B. Non-violators dismissed
VII. City Council – determination and implementation of any action.