Ordinance 99-82 - Laserfiche WebLink

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(f) PRESENTATION OF THE CASE. The complainant shall present the case first. Respondent may then present a case. Rebuttal evidence may be permitted. 1. The respondent and the complainant shall have the right to present evidence relevant to the issue, to cross-examine opposing witnesses on any matter relevant to the issue, and to impeach any witness. 2. Hearings shall not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted. Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding. The rules of privilege shall be effective to the same extent that they are now hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. (g) Upon completion of presentation of the case, the City Attorney or the Inspector General, as the case may be, shall make proposed recommended fmdings of facts and conclusions of law, and the City Manager or the Inspector General, as the case may be, shall enter a public report and order as to whether any provisions of this chapter has been violated. If the City Manager or the Inspector General finds, based upon clear and convincing evidence in the record, that a violation has been committed, the City Manager or the Inspector General, as the case may be, shall issue an order imposing the penalties set forth in Section (h) hereinbelow, of the City's Code of Ordinances, or as provided in any statute being enforced. The City Manager shall, within sixty (60) days of the filing of a complaint, render a final order disposing of the complaint. If a person fails to comply with an order issued by the City Manager, the Manager may make application to the Miami-Dade County Commission on Ethics and Public Trust which shall have jurisdiction over the complaint, or other agency which may have jurisdiction over the complaint. The City Manager may also assess a fine and the costs of the investigation. (h) PENALTY. Every person who is convicted of a violation of this Section shall be punished by a fine not to exceed $500 or if there are other civil penalties for violation of the Code of Ethics. However, in addition to a civil penalty, restitution of any pecuniary benefits received may be required. (i) A TIORNEY'S FEES. In any case in which the City Attorney or anyone designated by the City Attorney finds no probable cause to believe that a violation has been committed or determines that the complaining party filed a frivolous or groundless complaint, the City Manager may order the complaining party to pay any costs and attorneys' fees incurred by the City. G) PROSPECTIVE.JURISDICTION. Any alleged violation committed before the effective date of this ordinance shall be governed by the applicable City of Sunny Isles Beach, Miami-Dade County and State of Florida Code of Ethics Ordinances, Conflict of Interest Ordinances or Lobbyist Registration and Reporting Ordinances in effect at the time of the alleged violations. (k) PERSONNEL PROCEEDING. Where an employee of the City of Sunny Isles Beach is alleged to have violated a law within the purview of this Ordinance, and based upon the same set of Amendment to Code of Ethics Ordinance Chapter 2 11/22199 - 2:32 PM -11-