Sec. 2-91. Disposition of alleged violations; hearings.
In addition to the penalty set forth in section 2-91 for a violation of this chapter, complaints and alleged violations of this chapter shall be handled as follows:
(1) In the case of city employees, disciplinary action shall be maintained as provided in the city's personnel rules as the same may from time to time be amended.
(2) In the case of city officials, upon the complaint of any person filed with the city clerk's office or on its own initiative, the city council shall consider possible violations of this chapter.
(a) A complaint alleging a violation of this chapter must be filed with the city clerk within one year from the commission of the action alleged as a violation, and not afterward.
(b) Not later than five (5) working days after the city clerk receives a complaint, the city clerk shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the city administrator, the city attorney, and the city council and the person complained against. Not later than ten (10) working days after receipt of a complaint, the city council shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing.
(c) The city council may consider possible violations of this chapter on its own initiative. Within five (5) working days of the city council's decision to consider a possible violation of this chapter, the city council shall draft a written complaint specifying the section(s) of this chapter alleged to have been violated and shall file a copy with the city clerk, and provide a copy to the city administrator, the city attorney and the person complained against. Not later than ten (10) working days after the filing of the complaint with the city clerk, the city council shall notify in writing the person complained against of the date for the preliminary hearing.
(d) The hearing before the city council may be either in public or in private. All hearings shall be in public, unless the person complained against shall notify the city clerk in writing of his or her desire to have a private hearing at least seventy-two (72) hours prior to the time set for said hearing.
(3) Preliminary hearing.
(a) The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a violation of this chapter has occurred. The person filing a complaint, or the legal counsel for the city council in cases considered upon the city council's own initiative, shall state the alleged violation and shall describe in narrative form the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint. Statements at a preliminary hearing shall be under oath, but there shall be no cross-examination or requests for persons or evidence issued for the hearing. Members of the city council may question the complainant, legal counsel for the city council, or the city official named in the complaint.
(b) The city official named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. The official may describe in narrative form the testimony and other evidence which would be presented to disprove the alleged violation. If the official agrees that a violation has occurred, he may so state and the city council may consider the appropriate sanction or prosecution.
(c) The complainant and the city official named in the complaint shall have the right of representation by counsel.
(d) At the conclusion of the preliminary
hearing, the city council shall decide whether a final hearing should be
held. If the city council determines
that there are reasonable grounds to believe that a violation of this chapter
has occurred, it shall schedule a final hearing.
If
the city council does not determine that there are reasonable grounds to
believe that a violation of this chapter has occurred, the complaint shall be
automatically dismissed. A decision to
conduct a final hearing is not a finding that a violation has occurred.
(e) The city council, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this chapter. Before a complaint is dismissed for failure to allege a violation, the complainant or the legal counsel for the city council shall be permitted one opportunity, within a period to be specified by the city council, to revise and resubmit the complaint.
(f) The complainant, legal counsel for the city council, and the city official named in the complaint may ask the city council at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled pursuant to the city council's subpoena power granted under Section 16-406, N.R.S. 1943, as amended.
(4) Final hearing.
(a) The final hearing shall be held as expeditiously as possible following the determination by the city council that there are reasonable grounds to believe that a violation of this chapter has occurred, but in no event shall it be held more than thirty (30) days after said determination. The city council may grant one postponement, not to exceed fifteen (15) days each, upon the request of the city official named in the complaint or the complainant.
(b) The issue at a final hearing shall be whether a violation of this chapter has occurred. The city council shall make its determination based on the preponderance of the credible evidence in the record. All witnesses shall make their statements under oath. If the city council determines that a violation has occurred, it shall state its findings in writing, shall identify the particular section(s) of this chapter which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the city clerk. Said findings shall constitute a public record for the purpose of access by the public.
Source: Ord. No. 3625, § 2, 2-21-89