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RULE 6. CHARGES BROUGHT BY THE PUBLIC (a) FILING OF COMPLAINTS RECEIVED BY COMMISSION. A charge, herein called a "complaint" against the conduct of the Department or any of its officers or employees while on duty or acting under the color of authority shall be in writing, signed, and dated by the complainant under oath before a notary public. This notarized complaint must be received by the Commission's office not more than 90 days from the date of the incident. A complaint form or letter signed, dated, and notarized by the complainant's immediate family shall be accepted as a complaint if the victim is deceased. Due to the sensitive nature of the incidents involved in complaints and the possible discussion of personnel matters, all complaints will be heard in executive session unless the complainant, or officer, or Department employee chooses to be heard in open session. (b) CONSIDERATION BY THE COMMISSION. For the Commission to consider a complaint for investigation: (1) The complaint must allege an element of misconduct (malfeasance, misfeasance, or nonfeasance) by an officer or employee of the Department. (c) The Commission shall not consider a complaint for investigation if: (1) The complaint is not filed within ninety (90) calendar days of the incident in which is basis for the complaint; or (2) The complaint on its face is speculative, hypothetical, or not based on factual circumstances; or (3) The complaint does not allege an element of misconduct; or (4) The identical allegations of the complaint are being or will soon be litigated in a criminal action; or (5) The complainant has given notice of the complainant's intention to seek remedies through a civil suit; or (6) The subject matter of the complaint is not within the jurisdiction of the Commission; or (7) The complainant's interest is not of the type which would give that individual standing to maintain an action in court of law, and the complainant is not an eyewitness to the events which are the basis of the complaint. If the chair or chair's designee determines that the complaint should not be considered for any of the reasons above, the Commission shall review the decision of the chair or chair's designee at the Commission's next meeting. The Commission may sustain or reverse the original determination by a majority vote. Page 5