Sec. 161.155. FILING OF COMPLAINT; CONTENTS. (a) An individual may file with the commission a sworn complaint, on a form prescribed by the commission, alleging that a person subject to the ethics code has violated the ethics code. The commission shall make the complaint form available on the county website.
(b) A complaint filed under this section must be in writing and under oath and must set forth in simple, concise, and direct statements:
(1) the name of the complainant;
(2) the street or mailing address of the complainant;
(3) the name of each respondent;
(4) the position or title of each respondent;
(5) the nature of the alleged violation, including if possible the specific rule or provision of the ethics code alleged to have been violated;
(6) a statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and
(7) all documents or other material available to the complainant that are relevant to the allegation, a list of all documents or other material within the knowledge of the complainant and available to the complainant that are relevant to the allegation but that are not in the possession of the complainant, including the location of the documents, if known, and a list of all documents or other material within the knowledge of the complainant that are unavailable to the complainant and that are relevant to the complaint, including the location of the documents, if known.
(c) The complaint must be accompanied by an affidavit stating either that the information contained in the complaint is correct or that the complainant has good reason to believe and does believe that the violation occurred. If the complaint is based on information and belief, the complaint shall state the source and basis of the information and belief. The complainant may swear to the facts by oath before a notary public or other authorized official.
(d) The complaint must state on its face an allegation that, if true, constitutes a violation of the ethics code.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Structure Texas Statutes
Title 5 - Matters Affecting Public Officers and Employees
Subtitle B - County Officers and Employees
Chapter 161 - County Ethics Commission in Certain Counties
Subchapter D. Complaint Procedures and Hearings
Section 161.152. Complaint Procedures and Hearings
Section 161.153. Hearings and Settlement
Section 161.154. Categorization of Violations
Section 161.155. Filing of Complaint; Contents
Section 161.1551. Standing Preliminary Review Committee
Section 161.156. Processing of Complaint
Section 161.157. Retaliation Against County Employee Reporting Violation of Ethics Code Prohibited
Section 161.158. Preliminary Review: Initiation
Section 161.159. Preliminary Review: Response by Respondent
Section 161.160. Preliminary Review: Written Questions
Section 161.161. Preliminary Review and Preliminary Review Procedures
Section 161.162. Preliminary Review Hearing: Procedure
Section 161.163. Preliminary Review Hearing: Resolution
Section 161.164. Formal Hearing: Standard of Evidence
Section 161.165. Formal Hearing: Subpoenas and Witnesses
Section 161.166. Formal Hearing: Procedure
Section 161.167. Formal Hearing: Resolution
Section 161.168. Status of Complaint
Section 161.169. Extension of Deadline
Section 161.171. Status of Complainant
Section 161.172. Applicability of Other Acts
Section 161.173. Confidentiality; Offense
Section 161.174. Availability of Commission Orders on Internet