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 Chamblee
 Code of Ordinances
 Chapter 31. ETHICS
 Article II. CODE OF ETHICS
 Division 2. COMPLAINTS

  § 31-75. Service of complaints/city attorney review.  

Latest version.

  • (a)

    Upon receipt of a filed complaint, the city clerk shall cause the complaint to be served on the public servant charged as soon as practicable but in no event later than seven calendar days after receipt of a verified complaint. Service may be by personal service, by certified mail, return receipt requested or by statutory overnight delivery. The city clerk shall also forward the complaint to the city attorney for review.

    (b)

    The public servant charged in the complaint shall have 15 days from receipt of complaint to file an answer to the complaint; provided, however, the public servant charged shall have no obligation to file an answer to any complaint. On due cause shown, the hearing officer or the city attorney may extend said deadline up to an additional 15 days.

    (c)

    Within seven days of receiving a filed complaint, the city attorney shall review said complaint for conformity with the requirements of section 31-74 of this article. If the city attorney finds that the complaint is not in conformance with the requirements of section 31-74, the city attorney shall dismiss the complaint and serve said dismissal in writing to the complainant and the public servant charged. Said dismissal shall be without prejudice once and, if refiled and still not in conformity with section 31-74 upon second filing, which shall be within 30 days of the letter of dismissal, shall be with prejudice. The complainant shall have the right to appeal the city attorney's determination to the appointed hearing officer by filing a written appeal with the city attorney no later than five days following receipt of the letter of dismissal. The hearing officer's review of the city attorney's decision in such appeal shall be de novo. If the hearing officer concurs with the city attorney's dismissal, the hearing officer shall dismiss said complaint and said dismissal shall be with prejudice and there shall be no right to re-file the complaint. If the hearing officer disagrees with the city attorney's dismissal, he shall proceed with substantive review of the complaint pursuant to the procedures in this article.

    (d)

    Complaints found to be in conformance with the requirements of section 31-74 of this article, by either the city attorney or appointed hearing officer, will be further reviewed by the hearing officer as set forth in section 31-76 of this article.

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