§ 31-74. Receipt of complaints.

(a)

All complaints filed under this article, except as otherwise provided herein, shall be filed with the city clerk, provided, however, to discourage the filing of ethics complaints solely for political purposes, complaints will not be accepted against a person seeking election as a member of the city council or the mayor, whether currently serving or not, from the date qualifying opens for the elected office at issue through the date the election results for that office are certified. The time for filing complaints shall not run during this period. Properly filed complaints will be accepted and processed after the election results have been certified.

(b)

No action may be taken on any complaint which arises out of substantially the same facts or circumstances which have previously served as the basis for a complaint pursuant to this article.

(c)

Any complaint shall be in writing, shall be signed by the person filing the complaint and sworn in the presence of a notary. Each complaint shall state:

(1)

A separate count for each alleged violation;

(2)

The specific section of this article alleged to have been violated;

(3)

With specificity, the facts which are alleged to constitute the violation; and

(4)

The documentary evidence which the complainant possesses. Copies of said documentary evidence shall be attached to the complaint as exhibits.

(d)

All complaints shall contain an oath that the facts set forth therein are true and correct to the best of the complainant's knowledge in substantially the following form:

(1)

"STATE OF GEORGIA
COUNTY OF DEKALB
AFFIDAVIT

(2)

Personally appeared before the undersigned officer duly authorized to administer oaths, (name of person filing complaint), who on oath deposes that the statements in the foregoing complaint are true and correct to the best of his/her knowledge and belief. The affiant further acknowledges that false statements made in this complaint may result in a prosecution against them for false swearing, a felony under O.C.G.A. 16-10-71.

(3)

_____________________________________
(Signature of person filing Complaint)

(4)

Sworn to and subscribed

(5)

Before me this _____ day of ________ 20_____;.

(6)

_______________
Notary Public"

(e)

Complaints against the city clerk, city manager, or city attorney shall be filed directly with the mayor, who shall forward said complaint to all councilmembers. The mayor and council shall discuss the complaint at a regular or special meeting and either:

(1)

Dismiss said complaint;

(2)

Choose to treat said complaint as a personnel matter and determine any consequences against the city clerk, city attorney or city manager for violations complained of; or

(3)

Determine that a full ethics investigation is warranted and forward said complaint to the city clerk (or assistant city clerk if the complaint alleges violations by the city clerk) to move forward with the complaint process outlined in this article, with the exception that if the complaint is against the city attorney, the city clerk shall forward same directly to the hearing officer, who shall, in addition to substantive determination of the complaint, shall determine if the complaint has been filed in accordance with the procedures outlined in this section.

(Ord. No. 660, pt. I, 11-19-13)