epcounty.com - Code of Ethics

Code of Ethics

Complaint Procedures
I. Filing a Complaint
A. Any person or board member may file a complaint alleging a violation of this Code.
B. Complaints should be sent to:
Gabriel Herrera, El Paso County Board of Ethics
Address: El Paso County Human Resources Department,
800 E. Overland, Suite 223,
El Paso, TX. 79901, (915) 546-2218 ext. 4069
The complaint shall be in writing and signed by the complainant. The complaint shall state the nature of the alleged violation, the date, time and place of each occurrence and the name of the person(s) charged with the violation. A Complaint Form shall be available through the Board Secretary for any person wishing to file a complaint.
C. Upon receipt of the complaint, the Chairman shall schedule the matter to be considered at the next regularly scheduled Board of Ethics meeting.
D. Upon receipt of the complaint, the secretary for the Board shall acknowledge receipt of the complaint to the complainant and shall forward a copy of the complaint and a general statement of the applicable procedures for responding to the person who is the subject of the complaint.
II. Initial Inquiry
A. Upon convening to review a complaint, the Board shall initially make a determination whether the complaint is within its jurisdiction and, if so, whether it alleges minimum factual basis to constitute a violation of this Code. If the Board concludes that the complaint is outside its jurisdiction, frivolous or without factual basis, the Board shall immediately terminate the inquiry, issue an Order Dismissing the Complaint, reduce the conclusion to writing, and transmit a decision to the complainant and to the respondent.
B. If the Board concludes that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimum factual basis to constitute a violation, the Board shall notify the respondent who is the subject of the complaint and shall issue an Order Setting the Matter for Public Hearing within thirty days, unless the alleged violator petitions for and the Board consents to a later date.
C. The initial Inquiry may be held in executive session pursuant to the Texas Open Meetings Act.
D. After the Initial Inquiry, the Board shall release its Orders to the public and the complaint and all records pertaining thereto shall become public records.
III. Public Hearing
A. Upon convening of a public hearing, the complainant and the respondent may be represented by counsel or accompanied by a representative.
B. The Public Hearing shall be open to the public.
C. The Board may call witnesses and accept evidence.
D. The witnesses shall be questioned by the individual Board members under the direction of the Chair.
E. Any witness who is called to testify must do so under oath.
F. The complainant and the respondent may present evidence, be heard under oath, be represented by counsel, and cross-examine witnesses.
IV. Disposition of Complaint
A. At the conclusion of the Public Hearing, the Board of Ethics shall issue a written decision and findings. Additionally, the Board:
1. May issue a public censure with or without a penalty regarding an elected official or vendor;
2. May make a written disciplinary recommendation to Commissioners Court regarding violations of this Code by a department head, including a written warning or reprimand, suspension, or termination in accordance with the procedures under which a department head may otherwise be disciplined;
3. May make a written disciplinary recommendation to a department head or elected official regarding violations of this Code by their employees, including a written warning or reprimand, suspension, or termination in accordance with the procedures under which the employee may otherwise be disciplined;
4. May refer its decision and findings to the appropriate law enforcement authority.