2.55.040 Action on complaints and conduct of investigations.
(a) Upon receipt of a complaint, the board shall convene at its next regularly scheduled meeting, or sooner, as determined by the board chair, to schedule the investigation and hearing on the complaint. The board shall give the respondent and the complainant notice with a copy of the complaint and an opportunity to present written information or oral testimony, including the names of any witnesses they wish to have interviewed by the board. The investigation may include the use of an investigator designated by the board to garner relevant evidence for consideration by the board in its investigation. Any hearing by the board for investigation and decision on the complaint shall be conducted at least 10 days after notice has been provided to the respondent. The board’s investigation shall be conducted at a regular or special meeting, none of which may be conducted in executive session subject to the Open Meetings Act. The board shall vote in open session on these questions:
(1) Whether the board finds by a preponderance of the evidence one or more violations within the jurisdiction of the board; and if so
(2) Whether the board recommends further administrative or remedial actions; and
(3) What specific sanctions, corrective actions or referrals, if any, the board recommends.
(b) At the conclusion of an investigation, the board shall prepare a written report including:
(1) A summary of the investigation;
(2) A complete record of any proceedings, including but not limited to any testimony heard by the board; and
(3) Recommendations for such administrative or legal action it deems appropriate.
(4) If, after completion of the investigation, the board does not find a violation under Chapter 2.20 KGBC, the board shall prepare and release a statement of closure report listing the respondent, the assigned identification number, the allegations, the hearing date, and the finding that no allegation was substantiated by the board in whole or in part, and the date of board closure.
(c) Action on complaints and investigations shall be completed within 120 days of the filing of the complaint. By a majority vote the board may extend the completion date for an additional 60 days.
(d) Upon completion of the report, the board shall furnish a copy to the complainant, the person under investigation, and the borough mayor, borough assembly, school superintendent or school board depending on the entity having jurisdiction. [Ord. No. 1691, §1, 12-2-13; Ord. No. 1538A, §2, 11-23-09; Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.150.]