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(H) The code of ethics is not intended to be used as a political weapon or to intimidate <br />or embarrass affected persons. Complainants who submit frivolous complaints are <br />hereby notified that their actions may subject them to criminal prosecution for <br />perjury, or civil liability for the torts of defamation or abuse of process. <br />For purposes of this section a "frivolous complaint" is a sworn complaint that is <br />groundless and brought in bad faith or groundless and brought for the purpose of <br />harassment. <br />(I) The complainant shall swear to the facts by oath, under penalty of perjury, before a <br />notary public or other person authorized by law to administer oaths. A complaint <br />that is not sworn as required shall not be forwarded by the city attorney's office to <br />the ethics review commission but shall be returned to the complainant. <br />(2) The city attorney will acknowledge the receipt of the complaint to the complainant and <br />provide a copy of the complaint to the commission and to the person accused within <br />seven business days of accepting the complaint form. A copy of any complaint filed <br />against a city employee shall also be forwarded by the city attorney to the city manager <br />within seven business days. The city attorney shall also provide a copy of the Ethics <br />Review Commission's Rules of Procedure For Hearings to the complainant and to the <br />person accused within seven business days of accepting the complaint form. <br />(3) City officials and employees shall not use or threaten to use official authority or <br />influence to intimidate or discourage any person from filing an ethics complaint or <br />testifying at a hearing before the ethics review commission regarding a pending ethics <br />complaint. <br />(4) City officials and employees shall not take action as a reprisal against any other city <br />official or employee who in good faith reports or initiates a complaint regarding an <br />alleged violation of this Code or who participates in the complaint process by providing <br />testimony or producing documents at a hearing before the ethics review commission <br />regarding a pending complaint. <br />(5) A City of San Marcos official or employee may not suspend or terminate the <br />employment of, or take other adverse personnel action against a city employee who in <br />good faith files an ethics complaint or who provides testimony or produces documents <br />at a hearing before the ethics review commission regarding a pending complaint. <br />"Adverse personnel action" means an action that affects a city employee's <br />compensation, promotion, demotion, transfer, work assignment, or performance <br />evaluation. <br />(b) Review of complaints by commission. <br />(1) The commission shall review each complaint in executive session prior to conducting a <br />hearing to determine whether the complaint is in proper form and alleges sufficient facts <br />to constitute a prima facie violation of a provision of this article or a state conflict of <br />interest law. <br />(2) If the commission determines that the complaint is defective in form or does not allege <br />sufficient facts to constitute a prima facie violation of a provision of this article or a <br />state conflict of interest law, the commission shall dismiss the complaint, and provide <br />