§ 1.1923. Penalty for Filing False Complaint or Giving False Testimony

It is unlawful for a person to intentionally file a complaint under this article that the person knows contains false information or by making reasonable inquiry should know that it contains false information. It is unlawful for a person to intentionally give false testimony under oath in any hearing before a review panel held under this article. Any person found guilty of violating this section will be fined not more than five hundred dollars ($500.00) for each offense.

(Ord. No. 2008-08, Sec. 1, adopted 6-3-08)

Exhibit A

(1)

A complaint alleging a violation(s) of Bowie Code of Ordinance article 1.1900 shall specify the provision(s) of the Code of Ordinances alleged to have been violated, and shall name the party against whom allegations are being made as required by article 1.1900.

(2)

Upon the aforesaid complaint of any person being filed with the city secretary's office, or on its own initiative, the city council shall consider possible violations of the Bowie Code of Ordinances by any party to whom the Code of Ordinances article 1.1900, is applicable. A complaint shall not be deemed to be filed on the initiative of the city council, save and except the complaint be signed and sworn by two (2) members of the city council, after consultation with the city attorney. A complaint filed by an individual member of the city council shall be deemed to have been filed in the city council member's capacity as a private citizen and, in such event, the member of the city council filing the complaint shall not thereafter participate in that portion of the meeting at which such complaint is considered, save and except, the city council member filing the complaint may participate as a complainant at such meeting.

(3)

A complaint alleging a violation of this article must be filed with the city secretary within the time required by article 1.1900.

(4)

After the city secretary receives a complaint, the city secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the city attorney, the city council, and the person against whom the complaint was alleged in accordance with article 1.1900. The mayor, with advice of the city attorney as necessary, shall review the complaint to ensure compliance with article 1.1900 within five (5) days of receipt of the complaint. If the complaint does not comply with the requirements of article 1.1900 it shall be returned to the complainant with a written explanation of noncompliance. If the complaint does comply with the requirements of article 1.1900, it shall be tendered for review by the city council in accordance with article 1.1900. If the city council determines that further action is necessary, the procedures set forth in Bowie Code of Ordinances section 1.1920 will be followed. Nothing herein shall be intended to disallow the re-filing of a complaint that was returned to the complainant for non-compliance, as may be allowed by Bowie Code of Ordinances section 1.917.

(5)

The city council may consider possible violations on its own initiative. Within seven (7) working days of the city council's decision to consider a possible violation of the Bowie Code of Ordinances, the city council shall draft a written complaint specifying the provision(s) of this article alleged to have been violated and shall file a copy with the city secretary, provide a copy to the city attorney and the person against whom the complaint was alleged. Not later than fifteen (15) days after the drafting of the complaint, the city council shall notify in writing the person against whom the complaint was alleged of the date for the preliminary hearing.

(6)

After a complaint has been filed, and during the pending hearing of a complaint before the city council, a member of the city council may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the city council; provided that the mayor or person who will be the person chairing the hearing may consult and coordinate with legal counsel and staff.

(7)

As soon as reasonably possible, but in no event more than ninety (90) days after receiving a complaint, the city council shall conduct a hearing.

(A)

The issue at the hearing shall be the existence of reasonable grounds to believe that a violation of this article has occurred. The person filing a complaint, or the designee of the city council in cases considered upon the city council's own initiative, shall state the alleged violation.

(B)

Statements at a hearing shall be under oath, and there shall be cross-examination and the presentation of evidence, as deemed necessary by the city council. Members of the city council may question the complainant, the person named in the complaint, and any other persons as deemed necessary by the city council. The city council may request witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the city council's duties or exercise of its powers, including its duties and powers of investigation. The city council may consult with the city attorney in executive session as allowed by law.

(C)

The person named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. If the person named in the complaint agrees that a violation has occurred, he or she may so state and the commission may consider the appropriate sanction.

(D)

The complainant and the person named in the complaint shall have the right to representation by counsel.

(E)

At the conclusion of the hearing the city council will determine whether there are reasonable grounds to believe that a violation of this article has occurred. The city council shall make its determination based on clear and convincing evidence in the record.

(F)

If the city council determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provision(s) of Bowie Code of Ordinances article 1.1900 which are found to have been violated, and within ten (10) business days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint, and the city secretary.

Editor's note

Exhibit "A," as stated in subsection 1.1920(c), was approved by the city council Aug. 20, 2013.