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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. A3-71. Enforcement proceedings.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. A3-71. Enforcement proceedings.

(a) Any person who believes that a violation of any portion of this code of ethics has occurred may file a written complaint with the Ethics Commission. Any such complaint must be filed within two years after the date on which the violation occurred. A copy of any such written complaint shall, at the time such complaint is made, be filed with the County Clerk, and a copy shall also be provided to any person alleged to have violated any portion of this chapter. Should the preliminary investigation by the Ethics Commission reveal that there is sufficient basis upon which to proceed with a hearing regarding the alleged violation, the Ethics Commission shall refer the matter to a retired Superior Court judge, selected by the Commission, to serve as the hearing officer regarding the complaint. The hearing officer shall review the investigation, have the power to obtain additional discovery and testimony, shall have the authority to independently exercise all powers necessary to investigate, subpoena records, and issue orders to facilitate the investigation of complaints. The hearing officer shall conduct a hearing regarding the complaint. The Ethics Commission may attend the hearing as observers. After the conclusion of the hearing, the hearing officer shall make recommendations to the Ethics Commission regarding the disposition of the complaint and any recommended sanctions or penalties to be imposed.

(b) The Ethics Commission has the power to ratify the decision of the hearing officer or to reject the decision. Should the decision of the hearing officer be rejected, the complaint must be dismissed.

If the decision of the hearing officer is ratified, and a violation of this code of ethics is found, the Ethics Commission may issue such enforcement orders as it deems necessary, including the sanctions set forth below.

(Ord. No. NS-19.30.4, § 1, 9-23-97)

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