Skip to main content
Loading…
This section is included in your selections.

The governing body must dispose of any allegation of an ethics violation against a member of the governing body, appointed official, the City Manager, the City Auditor, or a municipal judge. In all cases, due process rights of any complainant and anyone accused of an ethics violation will be respected.

(A) Any allegation of an ethics violation against the governing body, appointed official, the City Manager, the City Auditor, or a municipal judge must be submitted in writing as a formal complaint to the attention of the City Attorney. Such complaint must be accompanied by a signed and notarized affidavit that the complainant is making their complaint under penalty of perjury as provided in K.S.A. 53-601, and any amendments thereto.

(B) The City Attorney must stamp the complaint with the date on which it is received. The City Attorney must provide a copy of the complaint to the person against whom the complaint is made, and at the same time provide a copy of the complaint to the City Manager and each member of the governing body. If the complaint is made against a member of the governing body, such governing body member must recuse themselves from voting on any actions of the governing body pertaining to such complaint.

(C) The members of the governing body (who are not recused) must individually review the complaint prior to the next Council meeting. If the complaint is frivolous or groundless on its face, or if it fails to state a complaint of an ethics violation under this chapter, the governing body may dismiss the complaint and direct the City Attorney to notify the complainant of such dismissal in writing.

(D) If the governing body does not dismiss the complaint, the person against whom the complaint is made will have seven (7) days to provide to the City Attorney a written response to the complaint.

(E) At the next regularly scheduled governing body meeting after the response is received, the City Attorney must provide the complaint and response, if any, to the governing body. The governing body, by majority vote, must: (1) dismiss the complaint; (2) determine that further investigation of the complaint is necessary; or (3) take such action as governing body determines appropriate.

(F) If the governing body determines that further investigation is necessary, the governing body will direct the City Attorney to solicit proposals from attorneys or law firms with relevant investigatory experience to be considered by the governing body to be appointed as an investigator into the complaint. All such proposals must include (1) a summary of relevant investigatory experience, (2) the requested compensation per hour for all persons involved in the investigation, and (3) the approximate time to conduct the investigation. At the next regularly scheduled governing body meeting, the City Attorney must provide a list of all proposals received so that they may be considered by the governing body for appointment as the investigator. The governing body will review the proposals, then appoint an investigator based on the proposal deemed at the sole discretion of the governing body to be the most qualified proposer. More than one (1) investigator may be hired by the governing body to conduct the investigation. The governing body may also direct the City Attorney to provide additional parameters than described herein for the investigator to conduct the investigation and report the findings of the investigation back to the governing body as the governing body deems appropriate, including, but not limited to, engaging a third-party reviewer to review the investigator’s report and make recommendations to the governing body based upon such report.

(G) The investigator will conduct a personal interview with the complainant to determine the facts and issues involved. After the complainant interview, the investigator will conduct a personal interview with the person who is the subject of the complaint. The investigator may interview other individuals if the investigator determines it is necessary. The City Attorney must provide the investigator access to all City records which are relevant to the investigation except for any confidential records. Both the complainant and the subject of the complaint will be allowed to review all written documents submitted by the other party, including all City records requested and provided by the City to the investigator which are relevant to the investigation. The subject of the complaint will be given the opportunity to respond, in writing, to all allegations made by the complainant. The investigator must complete the investigation within four (4) weeks of the date the governing body hired the investigator.

(H) The investigator must provide a written report to the governing body at the conclusion of the investigation. The report must include, but not be limited to:

(1) A summary of the complaint;

(2) An explanation of the scope of the investigation;

(3) A description of information which was relevant to the investigation;

(4) A description of any information requested during the investigation which was not obtained (if any), and the reasons for the inability to obtain such information;

(5) A statement of findings of fact;

(6) A list of all applicable section(s) of the Code of Ethics and all applicable law involved, if any; and

(7) Recommendations on whether a violation of the Code of Ethics occurred.

(I) After the governing body reviews the written report of the investigator, the governing body may take any one (1) or a combination of the following actions regarding the investigation:

(1) In the case of the City Manager, the City Auditor, or a municipal judge, the governing body may:

(a) Take no action;

(b) Declare that there was no violation of the Code of Ethics;

(c) Publicly reprimand or censure;

(d) Request resignation; or

(e) Remove the official from office.

(2) In the case of a member of the governing body, the governing body may:

(a) Take no action;

(b) Declare that there was no violation of the Code of Ethics;

(c) Publicly reprimand or censure;

(d) Request resignation; or

(e) Refer the matter to the Attorney General or Johnson County District Attorney for ouster proceedings in accordance with K.S.A. 60-1206, and any amendments thereto.

Actions in subsections (I)(1)(b) through (I)(1)(e) and (I)(2)(b) through (I)(2)(e) must be taken by passing an ordinance in accordance with K.S.A. 12-3002, and any amendments thereto. (Ord. 21-34 § 3, 2021.)