For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOWABLE COMPLAINT.
A complaint that may be filed pursuant to this article alleging an improper governmental action and meets all other requirements of this article. An allowable complaint does not include a complaint that is frivolous or that discloses information (1) that the complainant knows to be false, (2) with disregard for the truth or falsity thereof or (3) that is a confidential record.
COMPLAINANT'S DEPARTMENT.
The director of the department in which the city employee filing a complaint is assigned. If the complainant works for an agency of the city that is not designated as a department, then
COMPLAINANT'S DEPARTMENT
shall mean the highest ranking official of such agency.
CONFIDENTIAL RECORDS.
Any record that is confidential under any provision of law, any record that is closed to public inspection pursuant to law, and records that are advisory in nature and preliminary to any final determination of policy or action.
CONFIDENTIAL RECORDS
do not include records that are purely factual materials and do not disclose the names of complainants or witnesses.
DIRECTOR. The Inspector General created by the Inspector General Ordinance, or its successor agency, and any investigators designated by the Director.
EMPLOYEE.
Every appointed classified or unclassified employee of the city who receives compensation in the form of a salary.
EMPLOYEE
shall not include elected officials of the city.
FRIVOLOUS COMPLAINT.
Any complaint or portion of a complaint that has no basis, or does not pertain to an improper governmental action, or is made for some purpose other than identifying an improper governmental action, such as complaints made for the purpose of retaliation or harassment.
GROSS WASTE OF PUBLIC FUNDS.
An unnecessary or unauthorized expenditure of a substantial amount of money or a series of unnecessary or unauthorized expenditures of smaller amounts of money cumulatively amounting to a substantial amount of money.
IMPROPER GOVERNMENTAL ACTION.
Any action by a city employee, an appointed member of a board, commission or committee or an elected official of the city that is undertaken in the performance of such person's duties with the city that is in violation of a federal, state or local government law or rule, an abuse of authority, of substantial and specific danger to the public health or safety, or a gross waste of public funds that is in violation of city policy or rules. The action need not be within the scope of the employee's, elected official's or board, commission or committee member's official duties to be subject to a claim of improper governmental action.
IMPROPER GOVERNMENTAL ACTION
does not include city personnel actions, including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, reprimands, violations of collective bargaining agreements or the merit system ordinance, §§ 3-1-1 et seq. ROA 1994.
INSPECTOR GENERAL. The Inspector General and the Office of the Inspector General created by the Inspector General Ordinance, or its successor agency or department, and any investigators designated by the Inspector General.
INSPECTOR GENERAL INVESTIGATION. A special audit conducted by the Office of the Inspector General based on a complaint filed pursuant to this article.
RETALIATION
or
RETALIATORY ACTION.
Any disciplinary action taken because (1) an employee lawfully disclosed information or filed an allowable complaint pursuant to this article, (2) an employee testified or assisted or is scheduled to testify or assist in any investigation, action or proceeding relating to the lawful disclosure of information by another employee pursuant to this article, or (3) the supervisor who imposed the disciplinary action believed the employee receiving the disciplinary action was involved in the activities described in parts (1) and (2) of this paragraph and such belief was the primary reason for the disciplinary action.
(Ord. 2-2004; Am. Ord. 1-2005; Am. Ord. 30-2010)