A. All hearings shall be before the board of ethics. The chair of the board shall preside, unless another member of the board has been so designated by the board. The chair shall rule on admission and exclusion of evidence.

B. The board may administer oaths, hold hearings, and take testimony. Upon motion by the board or application by a party to the hearing, the board may issue subpoenas to require the presence of witnesses and the production of records, books and papers at the hearing.

C. The Borough Attorney, or designee, shall act as the attorney for the board and shall advise the board on matters of law.

D. The complainant and the respondent may each present opening statements setting out the matters they intend to prove. The complainant shall proceed first with their evidence and the respondent shall follow, setting forth their evidence. The complainant and the respondent may make closing arguments.

E. The board may obtain additional information by a request to the Borough Attorney or designee, to investigate the complaint and report all information to the board.

F. The Alaska Rules of Evidence do not apply to the admission of evidence in a hearing, but the board’s findings of fact must be based on reliable and relevant evidence.

G. At the conclusion of the presentation of evidence and closing arguments, the board shall consider the allegations, the evidence supporting them and the respondent’s evidence. If fewer than five members of the board are available for deliberation the alternate shall be seated as a voting member until conclusion of the matter, including any appeals; otherwise, the alternate is excused at the conclusion of the hearing.

H. The complainant, the respondent, and their counsel shall be excluded from all deliberations of the board. (Ord. 2019-09 § 2, 2019; Ord. 2006-69 § 2, 2006. 2004 Code § 2.10.270.)