§ 42-136. City clerk and appointed attorney procedures.

Any complaint alleging a violation of this article shall first be filed with the city clerk in conformance with section 42-133.

(1)

Within three business days after receipt of a complaint, the city clerk shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him and a copy of the complaint. The city clerk shall deliver a copy of the complaint to the mayor who shall then undertake the nomination and appointment of a prosecuting attorney at the next regularly scheduled meeting of the city council.

(2)

Within 72 hours of the acceptance of his appointment, the prosecuting attorney shall review the complaint to determine whether it is sufficient to allege a violation of this article. If the complaint is deemed sufficient to allege a violation of this article, the attorney shall then undertake any and all steps authorized by section 42-134(1)—(4) to make a preliminary determination of probable cause. If probable cause exists in the opinion of the appointed attorney, he shall undertake prosecution of the matter in conformance with section 42-132.

(3)

If the complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the attorney, upon determining that the complaint is legally sufficient to allege a violation of this article, shall investigate the complaint promptly in an attempt to reach an opinion as to whether there is or is not probable cause within five business days of the receipt of the complaint. The appointed attorney, upon reaching a conclusion of probable cause shall file a complaint with the Eighteenth Judicial Circuit Court within 48 hours of reaching such determination for proceedings in the misdemeanor court, or where the offense constitutes a felony, for preliminary hearing for a judicial probable cause determination. The appointed attorney shall then undertake those steps necessary to expedite resolution of the complaint in as prompt a time period that the court will allow.

(Code 1996, § 42-136; Ord. No. F-0990, 1-3-2005)