§ 6B-8. Finding of probable cause; public hearing.

(a) 

If, after a preliminary investigation, a finding is made that probable cause exists that a violation of this chapter has occurred, the Commission shall notify both the complainant and the respondent in writing by certified and regular mail that such finding has been made and shall provide therewith a summary of its reasons for making that finding. The Commission shall thereafter conduct one or more hearings into the complaint, which hearings shall be public. The Commission shall make public a finding of probable cause not later than five business days after the termination of the investigation. At such time, the entire record of the investigation shall become public, except that the Commission may postpone examination or release of such public records for a period not to exceed 14 days for the purpose of reaching a stipulation with the respondent in a manner consistent with the provisions of Section 4-177(c) of the Connecticut General Statutes. The terms of any such stipulation notwithstanding, the entire record of the investigation shall be made public not later than 14 days after termination of the probable cause investigation.

(b) 

The public hearing is an adjudicatory administrative proceeding. It is not a trial. All such proceedings shall be prosecuted by the Commission, not the complainant, in accord with procedures formulated and adopted by the Commission. The Commission, by Town Counsel or by a special counsel appointed to assist it in performing its obligations under this chapter, may issue subpoenas or subpoenas duces tecum, enforceable upon application to the Superior Court, to compel the attendance of persons at hearings and the production of books, documents, records and papers. All witnesses shall be sworn and may be represented by counsel. Unless the witness is the respondent, however, no counsel for a witness may object to questions or evidence or otherwise participate in the proceedings except to render advice to his or her client. The respondent shall have the right to be represented by legal counsel; to present evidence; and to examine and cross-examine witnesses. Testimony shall be recorded verbatim. If electronic or other recording equipment is used, testimony shall be transcribed in written form. All such recordings and transcriptions shall be retained for a minimum of one year after the conclusion of the hearings or any other legal proceedings that result from the complaint.

(c) 

Any Official who is notified that he is the subject of a complaint filed with the Commission may engage an attorney to assist in responding thereto.

(d) 

The Commission shall base any finding of a violation of this Code of Ethics on clear and convincing evidence which shall be set forth in the record before it.

(e) 

Whenever a hearing is held on a complaint, if a majority of the Commission members or seated alternates who are to render the final decision have not heard the evidence or read the record, the decision, if adverse to the respondent, shall not be released by the Commission until a proposed decision is served upon such respondent by certified and regular mail and he shall be afforded 21 days to file exceptions and present briefs and oral argument on such proposed decision to the Commission.

(f) 

Not later than 15 days after the close of the public hearing(s) conducted to determine whether there has been a violation of this chapter, the Commission shall publish its finding and a memorandum of its reasons therefor, including written findings of fact and conclusions based thereon, and the Commission shall notify the complainant and the respondent that the hearing and investigation have terminated and of the conclusion reached. The Commission shall make recommendations to the Mayor concerning the propriety of the conduct involved and the appropriate penalties attaching to such conduct, if any.

Ord. of 6-11-2007