§ 6B-12. Legal expenses.

(a) 

Following a final decision on the complaint by the Commission, provided that the Commission has not found that the activities alleged in the complaint constitute a violation of this Code of Ethics, the respondent or the respondent's attorney may request compensation for legal fees and associated expenses specifically incurred in defending the respondent before the Commission as follows:

[1] 

For all proceedings through the conclusion of the preliminary investigation described in § 6B-7(f), including a determination that there is no probable cause to continue the investigation, expiration of the time to complete a preliminary investigation into probable cause, a determination that the allegations contained in the complaint do not constitute a violation of this chapter, or withdrawal of the complaint: a sum representing full or partial compensation of legal fees and expenses actually incurred by the respondent, in an amount not to exceed $3,000.

[2] 

For all proceedings through a final decision on the complaint, inclusive of the preliminary investigation into probable cause: a sum representing full or partial compensation of legal fees and expenses actually incurred by the respondent, in an aggregate amount not to exceed $5,000.

(b) 

Any such payment would be tendered only as compensation for actual legal fees and associated expenses incurred by the respondent in defending against the complaint. Within 30 days after the mailing of a notice to the respondent that the Commission has rendered a final decision on the complaint and has not found that the activities alleged in the complaint constitute a violation of this Code of Ethics, the respondent or the respondent's attorney may submit a request for compensation to the Mayor. The request for compensation shall be supported by time and expense records for charges solely and directly associated with defending the respondent against the complaint. The required records shall be prepared by the respondent's attorney and submitted to the Mayor as a verifiable document signed by the respondent's attorney.

(c) 

The request for compensation shall specify whether compensation should be made directly to the respondent or, if necessary to protect confidentiality as required by this chapter, to the respondent's attorney in trust for the respondent.

(d) 

Required certifications.

[1] 

In addition to the information required above, the request for compensation shall be accompanied by the following certifications from the Commission:

a. 

Identification of the specific complaint by number or other means normally utilized by the Commission.

b. 

The subject of the above complaint is an official as defined by this chapter.

c. 

Identification of the attorney that represented the above official.

d. 

Disposition of the complaint by the Commission.

[2] 

The respondent or the respondent's attorney shall be responsible for obtaining the required certification from the Commission before submitting the request for compensation.

(e) 

The Mayor or the Mayor's designee shall promptly verify that the request for compensation is complete as described above. Within 15 days of receipt of the request for compensation in the Mayor's office, the Mayor or the Mayor's designee shall notify the respondent or the respondent's attorney that the request for compensation is complete and has been forwarded to the Director of Finance for prompt processing or that additional information is required to complete the requirements of this chapter.

(f) 

If an appropriation is required before payment can be completed, the complete request for compensation shall be placed on the agenda of the next regular Town Council meeting. In that event, the respondent or the respondent's attorney shall be provided a copy of the agenda for that Town Council meeting.

(g) 

The Town shall not provide compensation for legal fees or other expenses incurred as a result of a request for an advisory opinion as authorized herein.

Ord. of 1-12-2004; Ord. of 9-12-2005; Ord. of 6-11-2007