§ 2-134.1. Finding of probable cause; files, hearing to be public.

(a)

After a vote that the requirements of probable cause have been met, all further action taken shall require the presence of at least five (5) members and at least four (4) affirmative votes. Thereafter, all records shall be open to the public as provided above.

(b)

The board shall schedule a hearing on any complaint found to have probable cause within thirty (30) business days unless it finds that the circumstances complained of are subject to a collective bargaining agreement, personal employment contract or other agreement or policy applicable to the official (respondent). If the board finds that a collective bargaining agreement, personal employment contract, or other agreement or policy is applicable to the official (respondent), the board shall transmit certified copies of the complaint, all records and documents pertaining thereto, and its finding of probable cause to the appropriate forum having jurisdiction. In addition, the board shall take one (1) of the following actions:

(1)

Retain jurisdiction, but defer any further action until the appropriate forum has rendered a decision.

(2)

Relinquish jurisdiction to the appropriate forum and close the file.

(c)

If requested by the respondent, the board may proceed directly to a hearing without need of a probable cause investigation. In such cases the complaint, record, and all documents pertaining to the complaint shall be available to the public as though probable cause has been found.

(d)

Hearings on any complaint upon a finding of probable cause or request by the respondent shall require the presence of at least five (5) members of the board. The respondent shall have the right to counsel, to confront and cross-examine all witnesses against him, and to present evidence on his behalf.

(Ord. of 1-1-01; Ord. of 6-13-06)