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