Revising the Governing Rules Regulations of the Legislative Branch of the City of South Bend

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investigation and .report back to the Committee as soon as possible for their next meeting, where a recommendation as to the nature and, scope of any further action on the case is then made. If the Committee determines the complaint does not allege facts sufficient to constitute a Code or statutory violation, the com- plaint shall be dismissed and the complainant and councilmen so notified. It the Committee determines the complaint does allege- -facts sufficient to constitute a Code or Statutory viola- tion, it shall promptly investigate the alleged violation. it, atter the limited preliminary investigation, the Committee de- termines that probable cause exists to support an alleged viola- tion, it shall convene a hearing on the matter within thirty (JU) days atter making such determination. All action and all records relating to the preliminary investigation shall be contidential. (h) Hearings. If the Committee determines a public hearing is to be held, the councilman -respondent shall be allowed to examine and make copies of all evidence in the Committee's pos- session relating to the cnarge(s). At the nearing, the Committee shall receive testimony and evidence and the charged party shall be attorded appropriate due process protection, including the right to be present at the hearing, the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing wit- nesses. All witnesses shall be sworn unless the chairman, for good cause, decides that a witness does not have to be sworn. (i) Written Report. After the hearing, the Committee shall make a written report of whether or not there was competent, sufticient and substantial evidence of a code or statutory viola- tion. Such report shall be supported and signed by a majority of Committee members. If the Committee determines that the councilman -respondent has not violated a code or statutory pro- vision, it snail dismiss the charge(s). It a violation is found by Committee, Committee shall then recommend appropriate sanction(s) to the common Council. (j) Council Action, The Common Council shall consider and act upon each report trom Committee within ten ("_lU) days atter receipt thereof and make its findings known at a regular or special council meeting. In making such a determination, the Council shall: (1) have the City Clerk send copies of the report and findings to each councilman as soon as practicable. (2) not receive any testimony or other evidence but may remand a case to the Committee for the taking of additional testimony with specific instructions as to what additional evidence or other testimony is needed. (3) in its discretion hear opinions from the public present at said meeting, however these opinions shall not be regarded as evidence. (4) affirm, modify, or reject Committees findings as to whether or not a violation was committed. (5) upon modification or rejection of Committee's tindings, rile a written report setting forth the Council's findings and reasons therefore. -16-