Ord 2021-007/amending Chapter 2, Code of Ethics requiring ethics complaints to be sworn before a notary public; establishing a six month time period to file a complaint regarding an alleged violation

Home Browse Search

(F) No complaints shall be filed within a period beginning on the 60th day pyo before the first day of early voting for any city election and ending on the later of the regular election day or runoff election day. (G) A complaint alleging a violation within the commission's jurisdiction must be filed with the city attorney's office within twelve (12) months of the complainant becoming aware of the act or omission that constitutes an alleged violation of this Code. (H) The code of ethics is not intended to be used as a political weapon or to intimidate or embarrass affected persons. Complainants who submit frivolous complaints are hereby notified that their actions may subject them to criminal prosecution for perjury, or civil liability for the torts of defamation or abuse of process. For purposes of this section a "frivolous complaint" is a sworn complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. (1) The complainant shall swear to the facts by oath, under penalty of perjury, before a notary public or other person authorized by law to administer oaths. A complaint that is not sworn as required shall not be forwarded by the city attorney's office to the ethics review commission but shall be returned to the complainant. (2) The city attorney will acknowledge the receipt of the complaint to the complainant and provide a copy of the complaint to the commission and to the person accused within seven business days of accepting the complaint form. A copy of aniplaint filed against a cit_ ey mployee shall also be forwarded by the city attorney to the city manager within seven business dam (3) City officials and employees shall not use or threaten to use official authority or influence to intimidate or discourage any person from filing an ethics complaint or testifying at a hearing before the ethics review commission regarding a pendingethics thics complaint. (4) City officials and employees shall not take action as a reprisal against any other city official or employee who in good faith reports or initiates a complaint regarding an alleged violation of this Code or who participates in the complaint process by providing testimonyproducing documents at a hearing before the ethics review commission_ regardingaa pending complaint. (5) A City of San Marcos official or employee may not suspend or terminate the employment of, or take other adverse personnel action against a city employee who in good faith files an ethics complaint or who provides testimony or produces documents at a hearing before the ethics review commission regarding a pending complaint. "Adverse personnel action" means an action that affects a city employee's compensation, promotion, demotion, transfer, work assignment, or performance evaluation. (b) Review of complaints by commission.