How formal opinions and hearings work

(a) If the officer or employee fails to comply with the informal advisory opinion mentioned in section 2-86, the board may, in its discretion, institute proceedings for a formal opinion. It may institute such proceedings by serving a copy of the charge and a further statement of the alleged violation by certified mail upon the alleged violator. The officer or employee shall have twenty days after service thereof to respond in writing to the charge and statement. (b) The board shall set a time and place for a hearing, giving notice to the complainant and the alleged violator. All parties shall have an opportunity: (1) To be heard; (2) To subpoena witnesses and require the production of any books or papers relative to the proceedings; (3) To be represented by counsel; and (4) To have the right of cross-examination. (c) All witnesses shall testify under oath and the hearings shall be closed to the public upon the request of the County officer or employee involved, for closed hearing. The board shall not be bound by the strict rules of evidence but the board’s findings must be based upon competent and substantial evidence. All testimony and other evidence taken at the hearing shall be recorded. Copies of transcripts of such record shall be available only to the complainant and the alleged violator at their own expense, and the fees therefor shall be deposited in the County’s general fund. (d) Prior to any hearing, the board, through its chairman, shall notify the County officer or employee involved and shall request of the County officer or employee a statement indicating whether or not the County officer or employee wishes a closed hearing. (e) After the hearing the board shall issue a formal opinion on the alleged conduct which shall be given to the alleged violator. A decision of the board pertaining to the conduct of any officer or employee shall be in writing and signed by three or more of the members of the board.