There shall be a City of Frederick Ethics Commission which shall be composed of five (5) members appointed by the mayor with the consent of the board of aldermen. When appointing commission members, preference shall be given to city residents. All members shall be appointed for a term of three (3) years; except, that the initial appointment of one member shall be for one year; two (2) members for two (2) years; and two (2) members for three (3) years. The commission shall elect a chair and vice-chair on an annual basis. The commission shall be advised by the city attorney, or other legal counsel if deemed appropriate by the commission. The commission shall have the following responsibilities:
(a) To be the advisory body responsible for interpreting this chapter and advising persons subject to it as to its application;
(b) To be responsible for hearing and deciding, on advice of the Chief Legal Services Officer (or other counsel if appropriate), any complaint filed regarding an alleged violation of this chapter by any person;
(c) To be the custodian of all forms submitted by any person in accordance with this chapter;
(d) To be responsible for conducting a public information and education program regarding the purpose and implementation of this chapter;
(e) Any official or other person subject to the provisions of this chapter may request the commission for an advisory opinion concerning the application of this chapter. The commission shall respond promptly to these requests, providing interpretations of this chapter based on the facts provided or reasonably available to it. Copies of these interpretations, with the identity of the subject deleted, shall be published and otherwise made available to the public in accordance with any applicable state law regarding public records;
(f) Any person may file with the commission a complaint alleging a specific violation of any of the provisions of this chapter. These complaints shall be written and under oath, and, by a majority vote of the commission, may be referred to the chief legal services officer or other legal counsel, if appropriate, for investigation and review. The chief legal services officer or other legal counsel shall submit an investigative report to the commission within a reasonable time. All complaints must be filed within one year of the time the person filing the complaint either knew, or in the exercise of reasonable care should have known, of the violation;
(g) The commission, by a majority vote of the commission, may initiate an investigation of a specific violation of any of the provisions of this chapter. An investigation shall be conducted in accordance with the procedures provided in subsection (f) of this section;
(h) If after receiving an investigative report, the commission determines that there are insufficient facts upon which to base a determination of a violation, it may dismiss the complaint. If there is a reasonable basis for believing a violation has occurred then the subject of the complaint or investigation shall be afforded an opportunity for a hearing conducted in accordance with the city’s applicable rules of procedure for action taken on the record. Any final determination resulting from the hearing shall include findings of fact and conclusions of law;
(i) Upon a finding of a violation, the commission may take any enforcement action provided for in accordance with section 21-7 of this chapter. After a complaint is filed and until a final determination by the commission, all actions regarding a complaint shall be treated confidentially;
(j) To issue subpoenas, administer oaths and compel the attendance of witnesses and production of documents at its proceedings. (Ord. No. G-83-32, § 1, 7-14-83; Ord. No. G-97-21, § 1, 8-21-97; Ord. No. G-97-65, § 1, 12-18-97; Ord. No. G-98-21, § 1, 12-3-98; Ord. No. G-01-29, § 1, 8-16-01)