Any information that indicates that a public official or employee may have violated provisions of the Ethics Law can be referred to the ethics agency that has jurisdiction over the public official or employee in question. Allegation forms are available from the Ethics Commission to refer information relating to public servants within its authority. All Commission investigations and hearings are confidential. Breach of confidentiality by Commission members or employees is a criminal offense. 

When a charge or allegation of unethical conduct is received by the Ethics Commission, staff will determine whether the alleged misconduct falls within the authority of the Ethics Commission. If so, the Ethics Commission may direct the staff to conduct a confidential investigation into the charge based upon the factual support for the charge and the severity of the alleged unethical conduct.  

After a thorough investigation, Commission staff may file a formal, sworn complaint before the Ethics Commission. The complaint will allege a specific factual violation of the Ethics Law. The Ethics Commission reviews the complaint and determines whether there is reasonable cause to believe that the facts constitute a violation. If so, the Commission must schedule a hearing for the public official or employee.

A citizen may also file a sworn complaint alleging specific personal knowledge of facts and evidence supporting each element of a violation. Most investigations are initiated upon charges received and investigated by the Commission. The Commission may also settle a charge or complaint, including using alternative dispute resolution, refer the matter to a local prosecutor, or close the matter.  

If the Commission schedules a hearing, the public official or employee has an opportunity to defend himself against the complaint. He may be represented by a lawyer. He may examine the evidence against him and present evidence and witnesses. He may also question witnesses and those accusing him of misconduct. Hearings are closed to the public.  

After a hearing, the Commission decides by a preponderance of the evidence whether the facts stated in the complaint are true and therefore constitute a violation of the Ethics Law. If the Commission finds that a violation has occurred, the findings are turned over to the appropriate prosecuting authority for criminal prosecution. The referral will remain confidential unless the prosecutor fails to act on the referral within 90 days. If the prosecutor fails to take any action with respect to the referral, the Commission may make the referral public.  

If the Commission finds that a violation of the law is not supported by the evidence, the complaint will be dismissed. The matter must remain confidential unless the person charged with the violation requests that it be made public.