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Ordinance 1992-1079
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Ordinance 1992-1079
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Last modified
3/12/2021 10:52:14 AM
Creation date
2/23/2006 4:15:02 PM
Metadata
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Template:
City Council Records
Doc Type
Ordinance
Signed Date
8/4/1992
Ord/Res - Year
1992
Ord/Res - Number
1079
Recordation Number
1217144
Original Hardcopy Storage
7E3
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ORD 1992-1079
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<br />) i' -- ~ <br /> <br />incumbent has no change of financial condition regarding the <br />disclosed items since previously filing a disclosure <br />statement. <br /> <br />2.80.060. Enforcement. <br /> <br />The provisions of Sections 2.80.030 through 2.80.050 shall be <br />enforced as follows: <br /> <br />A. The city prosecuting attorney shall have the primary <br />responsibility for administration of said provisions. <br /> <br />B. Any person who believes that a public officer or employee has <br />violated any of said provisions and wishes to initiate <br />proceedings on such alleged violations shall file a written <br />complaint with the prosecuting attorney. The complaint shall <br />state in detail the facts of the alleged violation, shall <br />specify the section or sections of this chapter alleged to <br />have been violated, and shall contain a sworn or verified <br />statement signed by the complainant and stating that, under <br />penal ty of perj ury and to the best of the complainant' s <br />knowledge, information, and belief formed after reasonable <br />inquiry, there exists probable cause for the complaint, the <br />complaint is well grounded in fact and law, and the complaint <br />is filed in good faith and not out of malice or any other <br />improper motive or purpose. Any complaint which does not <br />contain such a signed statement shall be returned forthwith to <br />the complainant without action. <br /> <br />C. If the complaint is made against a public officer, within ten <br />days after receipt of the complaint the city prosecuting <br />attorney shall forward a copy of the complaint to the officer <br />against whom the complaint is made and to an advisory judge <br />referred to in Section 2.80.070. The city prosecuting <br />attorney shall request the advisory judge to appoint a <br />qualified disinterested attorney to serve as special <br />prosecutor. If, within ten days after the request, the <br />advisory judge has not appointed a special prosecutor, the <br />city's municipal judge shall appoint a qualified disinterested <br />attorney to serve as special prosecutor. The reasonable <br />expenses and fees of an advisory judge making such an <br />appointment and of the attorney serving as special prosecutor <br />shall be paid by the city. The attorney recommended or <br />appointed pursuant to this subsection C shall serve as special <br />prosecutor for purposes of investigation and action on the <br />complaint, and shall take such actions concerning the <br />complaint as are consistent with this chapter, the Colorado <br />municipal court rules of procedure, and the prosecutor's <br />ethical responsibil i ties. Before completing the <br />investigation, the special prosecutor shall provide the <br />officer against whom the complaint is made an opportunity to <br />provide information concerning the complaint. <br /> <br />8 <br />
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