A. Upon receipt of a complaint, the Borough Clerk shall screen the complaint and determine if the complaint is sufficient. If necessary, the Borough Clerk may consult with or request a legal opinion from the Borough Attorney as to the sufficiency of the complaint. The Borough Clerk may dismiss the complaint on any of the following grounds:

B. If the complaint is sufficient on its face, then the Borough Clerk shall make an initial determination as to whether or not there is probable cause for a hearing. Before making a probable cause determination, the Borough Clerk shall notify both the Mayor and the complainant that the complaint has been accepted and serve a copy of the complaint on the Mayor. The notice shall also specify that the Mayor must file a response to the complaint, which shall include any challenge to the sufficiency of the complaint, within 30 calendar days from the date of the Clerk’s written notice. The notice shall also inform the Mayor of the right to submit affidavits or other written evidence in support of their response. Misrepresentation of a material fact in a response is a violation of this chapter. Failure to timely respond may be considered an admission of the allegations in the complaint. The Borough Clerk may make their determination as to probable cause for a hearing from the written complaint and written response from the Mayor alone or they may also interview individuals and request documents if they deem necessary. If necessary, the Borough Clerk may consult with or request a legal opinion from the Borough Attorney as to probable cause for a hearing.

C. If the Borough Clerk determines that there is probable cause for a hearing, the Clerk shall send the complaint to a Hearing Officer selected by the Borough Attorney.

D. If the Borough Clerk determines that the complaint is insufficient, has no legal basis or there is no probable cause for a hearing, the Clerk shall make a written determination and shall distribute the determination to the Mayor and the complainant. The complainant shall have one opportunity within 10 business days of the date of mailing or hand delivery of the determination to amend the complaint and to re-file. If the Clerk determines that the second complaint is insufficient, lacks legal basis or probable cause for a hearing or if the complainant fails to file a corrected complaint within the time set forth above, the Clerk’s determination is final and the Clerk shall reject any attempts by the complainant or any other person on behalf of the complainant to file a complaint based upon the same or essentially similar facts and circumstances. The complainant may appeal any dismissal by the Clerk to the superior court in accordance with the Alaska Rules of Appellate Procedure. (Ord. 2019-09 § 2, 2019; Ord. 2003-07 § 5, 2003. 2004 Code § 2.25.195.)