§ 2-133. Confidentiality of complaint and investigation; records opened upon finding of probable cause; waiver of confidentiality.

(a)

Unless the board makes a finding of probable cause, any complaint of an alleged violation of the code of ethics and all materials submitted in support thereof shall be kept confidential unless the respondent waives his or her right of confidentiality.

(b)

Unless the board makes a finding of probable cause, any investigation of the complaint and all materials related thereto, including minutes, records of testimony and all other documents shall be kept confidential unless the respondent waives his or her right of confidentiality.

(c)

Unless the board makes a finding of probable cause or the respondent has waived his or her right of confidentiality, no complainant, respondent, witness, designated party, board member or staff member of the city shall disclose or discuss a complaint, its investigation, or any other aspect to or with any third party.

(d)

Upon a finding of probable cause by the board or waiver of confidentiality by the respondent, the complaint and the record of its investigation is deemed to be open, and all aspects of the complaint, the investigation of probable cause, and all documents and records of testimony related thereto, shall be available for public inspection.

(e)

No provision of this section shall prevent the board from reporting the possible commission of a crime to the state's attorney or other prosecutorial authority. The board may adopt rules of procedure and regulations it deems necessary to carry out the provisions of this section and to protect the right of confidentiality of the respondent.

(Ord. of 10-4-77; Ord. of 1-1-01)