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Related to the allegation on Page 2, Paragraph 2 dealing with the question of excessive vehicles parked in front of the Respondent's home, The Ethics Commission referred this matter to the Community Development Department. Based on their investigation no violation was found. The action taken during this investigation by the Ethics Commission was based on the Complaint filed by the Complainant. Best efforts were used to develop the record to either sustain, or dismiss the Compliant. However, as mentioned above problems developed almost immediately when information was requested from the Respondent. The record troubles me and this is why I felt it was important to address my concerns regarding this investigation. In an effort to address these concerns I would recommend that the language in Resolution be modified in several ways. First, I would recommend that the Resolutian be amended to grant subpoena power to the Ethics Commission to aid in future investigations. The lack of subpoena power in this investigation prevented the Ethics Commission from obtaining disclosure of information necessary to complete the investigation. This was one of the major reasons why this investigation took over 7 months. At a minimum, the Resolution shauld be modified to provide that upon a finding of a failure to cooperate on the part of a Respondent, the Ethics Commission should have the ability to establish a finding that this conduct is inappropriate and a violation of the Resolution. I would also recommend that the Resolution be analyzed on a periodic basis to guarantee that the Resolution reflects the intent and expectation of the community. Finally, any further studies regarding this Resolution should include the Ethics Commission because I feel this Commission is in the best position to offer advice as to the actual operation of a complaint filed under the Resolution. Respectfully submitted, Mark E. Battis �