§ 2.90.160. Findings of fact and conclusions of law.

A.

The hearing officer shall enter findings of fact and conclusions of law no later than 30 days after the conclusion of the hearing. The hearing officer shall notify the parties and their attorneys if an extension is required to permit the preparation of findings of fact and conclusions of law.

B.

If the hearing officer finds that no violation has occurred, the complaint shall be dismissed. The clerk shall serve the notice of dismissal on the complainant, the respondent, and attorneys. The notice of dismissal remains confidential.

C.

If the hearing officer finds that a violation of this chapter has been committed, the hearing officer shall prepare and submit its findings of fact and conclusions of law to the assembly.

D.

The findings of fact and conclusions of law are final and conclusive.

E.

The assembly may not change, modify, or otherwise alter the findings of fact and conclusions of law as submitted.

F.

The assembly shall impose a penalty on the public official in accordance with KPB 2.90.190.

G.

If the hearing officer determines that no violation has occurred, or otherwise dismisses the complaint for substantive reasons, the assembly may, in its discretion, award full or partial attorney fees to a public official who reasonably incurred those costs defending the complaint. This award may be made only to the extent that the assembly has appropriated funds for that purpose.

(Ord. No. 2010-10, § 1, 4-20-10)