Investigation of Complaints.

(a) 

The Board shall accept from any individual, either personally or on behalf of an organization or governmental body, a verified complaint, in writing, signed and sworn to under oath, which states the name of any person alleged to have committed a violation of this subchapter and which sets forth the particulars thereof. The Board shall forward to the accused, within ten (10) days, a copy of the complaint and a general statement of the applicable ordinances with respect to such verified complaint. If the Board determines that the verified complaint does not allege facts sufficient to constitute a violation of this subchapter, it shall dismiss the complaint and notify the complainant and the accused. If the Board determines that the verified complaint alleges facts sufficient to constitute a violation of this subchapter, it may make an investigation with respect to any alleged violation. If the Board determines that the verified complaint was brought for harassment purposes, the Board shall so state.

(b) 

The Board shall investigate any complaint properly filed with it. Pursuant to any investigation conducted under this section, the Board has the power:

(1) 

To require any person to submit in writing such reports and answers to questions relevant to the proceedings conducted under this section, as the Board may prescribe, such submission to be made within such period and under oath, or otherwise, as the Board may determine.

(2) 

To administer oaths and to require, by subpoena issued by it, the attendance and testimony of witnesses and the production of any documentary evidence relating to the investigation or hearing being conducted.

(3) 

To order testimony to be taken by deposition before any person, who is designated by the Board, and has the power to administer oaths, and, in such instances, to compel testimony and the production of evidence in the same manner as authorized by subsection (2).

(4) 

To pay witnesses the same fees and mileage as are paid in like circumstances by the courts of Wisconsin.

(c) 

Following the receipt of a verified complaint or upon the receipt of other information, whether or not under oath, that provides a reasonable basis for the belief that a violation of this subchapter has been committed, or that an investigation of a possible violation is warranted, the Board may investigate the circumstances concerning the possible violation. No investigation of any person may be commenced until it has been authorized by the Board, by a majority vote, and until the person, who is the subject of the investigation, has been notified of the investigation, pursuant to subsection (3). During the course of an investigation, if the Board finds probable cause to believe that a violation of this subchapter has occurred, it may:

(1) 

If no verified complaint has been filed, upon its own motion, make a verified complaint, which shall be in writing, shall state the name of the person who is alleged to have committed a violation of this subchapter and shall set forth the particulars thereof. Within ten (10) days, the Board shall forward to the accused a copy of the complaint, a general statement of the applicable ordinance provisions with respect to such verified complaint and a specific statement enumerating the source or sources of information on which the complaint is based.

(2) 

If a verified complaint has been filed and the Board finds probable cause to believe that a violation of this subchapter, other than one contained in the complaint, has occurred, it may amend the complaint upon its own motion, to include such violations. If the complaint is so amended by the Board, a copy of the amendment shall be sent to the person complained of within forty-eight (48) hours.

(3) 

As soon as it becomes apparent to the Board that there exists probable cause for the belief that a particular person has committed a violation of this subchapter, the Board shall notify the alleged violator, by mailing a copy of a notice informing the alleged violator that such person is the subject of the investigation authorized by the Board, and a general statement of the applicable ordinances with respect to such investigation. Service of the notice is complete upon mailing.

(4) 

No action may be taken on any complaint, which is filed later than three (3) years after a violation of this subchapter is alleged to have occurred.

Ord. O-2003-0015, 1/21/2003