Ordinance 99-82 - Laserfiche WebLink

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Section 2. Section 2-11.2, of the Code of Miami-Dade County as adopted by Article 8.3 of the Charter, is amended to provide as follows: Procedure on Complaint of Violation. (a) LEGALLY SUFFICIENT COMPLAINT. Upon a written complaint which alleges the elements of a violation, based substantially upon the personal knowledge, of the complainant and signed under oath or affirmation by the complaining person. and is legally sufficient to state a possible violation of this article, the City Attorney and City Manager shall jointly investigate any alleged violation. If it pertains to the City Manager or City Attorney, an Inspector General shall be selected as set forth in (c) hereinbelow. Within five (5) days after receipt of a complaint, a copy shall be sent to the alleged violator. (b) PRELIMINARY INVESTIGATION. A preliminary investigation shall be undertaken of each legally sufficient complaint to determine whether there is probable cause to believe that a violation has occurred. If, upon completion of the preliminary investigation, the City Attorney finds no probable cause to believe that a violation has been committed, the City Attorney shall dismiss the complaint with the issuance of a report to the complainant and the alleged violator. If the City Attorney finds from the preliminary investigation probable cause to believe that a violation has been committed, notification, via certified mail, shall be made to the complainant and the alleged violator (otherwise known as the respondent), in writing. The City Attorney may conduct such further investigation as deemed. The City Manager, in consultation with the City Attorney, may take such personnel action and may enter into such stipulations and settlements as to be just and in the best interest of the citizens of Sunny Isles Beach. If the preliminary investigation is of the City Attorney, the Commission shall request assistance from an Inspector General as set forth in subsection (c) hereinbelow. (c) INVESTIGATIONS. If after the preliminary investigation by the City Attorney, it is determined there is probable cause to believe a violation has been committed and therefore must be further investigated, investigations relating to personnel of the City, as defmed in Section l(b) 2, 3,4,6, or department heads, shall be conducted jointly by the City Attorney and the City Manager. If however, it pertains persons defmed in Section 1 (b) 1 or 5, excluding department heads, the investigation shall be conducted by a City Attorney from another municipality in Miami-Dade County as shall be designated by the City Attorney. That designated city attorney shall be referred to as the Inspector General. If the complaint pertains to the City Manager, the City Attorney or the City Clerk, the City Commission shall select the Inspector General. If the complaint pertains to persons defined in 1 (b) 1, i.e. any member of the City Commission, the Inspector General shall be selected by the City Attorney and the City Manager. Investigations shall be limited to the allegations of the complaint, but shall include an investigation of facts and persons materially related to the complaint at issue. (d) PUBLIC RECORDS. All proceedings, the complaint. and other records relating to the preliminary investigation shall be subject to the provisions of Section 119. Florida Statutes. (e) SUBPOENA. The City Attorney or Inspector General, as the case may be, shall be empowered to make application to any circuit court of this State which shall have jurisdiction to order witnesses to appear and to produce evidence, if so ordered, or to give testimony touching on the matter in question. Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 -- 2:32 PM -10-