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2014_0714_CCpacket
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2014_0714_CCpacket
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Attachment B <br />256 C. If the City Attorney_or City Manager determines that the subject of the complaint <br />257 may have committed a crime, the City Attorney and City Manager shall refer the <br />258 matter to the appropriate criminal authority. <br />259 D. If the criminal proceeding ends with a sentencing, said sentencing shall be <br />260 considered to be the final disposition of the complaint. <br />261 E. If there has been no violation of a criminal law, the City Attorney or City <br />262 Manager, as the case may be, shall issue a report that documents the results of the <br />263 City Attorney's or City Manager's investigation(s). <br />264 <br />265 1. The report shall be sent directly to the City Council if the complaint <br />266 involves an Ethics Commission member. The Council shall have the <br />267 authority to dismiss any Ethics Commission member found to have violated <br />268 the Ethics Code. <br />269 2. The report shall be sent to the Ethics Commission if the complaint involves <br />270 other Public Officials. The Ethics Commission shall have the authority to <br />271 convene and issue it's own report and recommendation to the City Council. <br />272 Thereafter, the City Council shall take action as the Council deems <br />273 appropriate. <br />274 F. The standard for decisions regarding allegations of ethical violations covered by <br />275 Section 3 of this code shall be "clear and convincing evidence." The term "clear <br />276 and convincing evidence" shall mean that burden of proof as defined by <br />277 Minnesota State law. <br />278 <br />279 G. In processing complaints, the City Attorney, City Manager, Ethics Commission <br />280 and City Council shall process and maintain data in a manner consistent with <br />281 Minn. Stat. Ch. 13, the Minnesota Data Practices Act. <br />282 <br />283 H. A complainant mav withdraw a complaint in writin� with the Citv Mana�er <br />284 or Citv Attornev filed under this code at anv time. Unless the Citv Council <br />285 directs otherwise, Citv personnel need not take anv further action in <br />286 accordance with the Code after such withdrawal. Once acceptance bv the <br />287 Citv Council has been granted, the Citv Attornev or Citv Manager shall <br />288 provide notice to the complainant, the subiect of the complaint if appropriate, <br />289 and the Ethics Commission that the withdrawal has been accepted. <br />290 <br />291 <br />292 Section 6. Disclosure of Financial Interests <br />293 <br />294 Not later than ninety (90) days after the date of approval of this Code, each Public <br />295 Official of the City shall file as a public record, in the office of the City Manager, a <br />296 statement containing the following: <br />297 <br />7 <br />
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