§ 2.90.080. Initial screening.

A.

Upon receipt of a complaint regarding a public official under KPB 2.90.050, the borough clerk shall screen the complaint and determine if the complaint is sufficient. If necessary, the borough clerk may consult with or request a legal opinion from the borough attorney as to the sufficiency of the complaint. The borough clerk may dismiss the complaint on any of the following grounds:

1.

The complaint does not comply with KPB 2.90.050-.060.

2.

The complaint does not allege facts sufficient to constitute a violation of this chapter.

3.

The borough has no jurisdiction over this matter.

4.

The complaint is defective in a manner that would prevent a sound determination from being made.

B.

If the complaint is sufficient on its face, then the borough clerk shall make an initial determination as to whether or not there is probable cause for a hearing. Before making a probable cause determination, the borough clerk shall notify both the public official and the complainant that the complaint has been accepted and serve a copy of the complaint on the public official. The notice shall also specify that a response by the public official, which shall include any challenge to the sufficiency of the complaint, must be filed within 30 calendar days from the date of the clerk's written notice. If the deadline falls on a weekend or full-day borough holiday, then the notice shall be due on the next business day. The notice shall also inform the public official of the right to submit affidavits or other written evidence in support of the public official's response. Misrepresentation of a material fact in a response is a violation of this chapter. Failure to timely respond shall be considered an admission of the allegations in the complaint, and the clerk shall notify the complainant and respondent the allegations of the complaint are deemed admitted.

C.

The respondent may appeal to the hearing officer any deemed admission of the allegations of the complaint, for good cause, by filing an appeal with the clerk within 15 days after the date of notice of the deemed admission. The appeal must state all facts and legal grounds for failure to respond timely.

D.

The borough clerk may make the determination as to probable cause for a hearing from the written complaint and written response from the public official alone or the clerk may also interview individuals and request documents if he or she deems necessary. The borough clerk may consult with or request a legal opinion from the borough attorney as to probable cause for a hearing.

E.

If the borough clerk determines that the complaint is insufficient, has no legal basis, or there is no probable cause for a hearing, the clerk shall make a written determination indicating the basis for this determination and shall distribute the determination to the public official and the complainant. The complainant shall have one opportunity within 10 business days of the date of mailing or hand delivery of the determination to amend the complaint and to re-file. If the clerk determines that the second complaint is insufficient, lacks legal basis or probable cause for a hearing, or if the complainant fails to file a corrected complaint within the time set forth above, the clerk's determination is final and the clerk shall reject any attempts by the complainant or any other person on behalf of the complainant to file a complaint based upon the same or essentially similar facts and circumstances. The complainant may appeal any dismissal by the clerk to the superior court in accordance with the Alaska Rules of Appellate Procedure.

F.

If the borough clerk or deputy clerk is the subject of the complaint, the complaint should be filed with the director of human resources who shall perform the responsibilities of the clerk for those complaints.

(Ord. No. 2012-34, § 4, 9-18-12; Ord. No. 2010-10, § 1, 4-20-10)