(A) Complaints filed with the department. The complainant shall submit a written report to the complainant's department stating in detail the factual basis for the complainant's reasonable belief that an improper governmental action has occurred. Upon receipt of a complaint, the complainant's department shall take prompt action to investigate the report of improper governmental action. Upon completion of the investigation, the complainant's department shall provide to the complainant a summary of the results of the investigation. Summaries of investigations shall not include personnel disciplinary actions taken as a result of the investigation. Summaries shall be provided to the complainant within 15 city business days of the receipt of the written complaint by the complainant's department or at such additional time beyond 15 days, but only when the complainant's department has good cause for extending the investigation and notifies the complainant when the summary of results will be provided and the reason for the extension of time. No extension shall be longer than an additional 15 city business days.
(B) Alternative filing. If the complainant's department director or the highest ranking official of a city agency is the subject of the complaint, then the complaint shall be filed with the Chief Administrative Officer or a member of his staff designated to receive such complaints. If the office of the chief administrative office is the subject of the complaint, the complaint shall be filed with the Mayor or his designee.
(C) Complaints filed with the Inspector General. If a complainant files a complaint with the Inspector General but does not file a complaint with complainant's department, the Inspector General shall determine whether the complaint shall first be investigated by the complainant's department, pursuant to the procedures required in subsections (A) or (B) of this section, or the Office of the Inspector General.
(D) Complaints to be accepted by the Inspector General. The Inspector General shall proceed with an investigation when (1) a complaint has been filed pursuant to subsections (A) or (B) of this section and the summary of the investigation is not provided to the complainant within 15 business days or the extension thereof, (2) after receipt of the summary of the investigation the complainant alleges that there is a reasonable basis for believing that insufficient action has been taken by the city to address the improper governmental action, (3) for other specified reasons, the improper governmental action is likely to recur or (4) a complaint alleges immediate harm. When applicable, a complaint filed with the Inspector General shall have attached to it the written complaint submitted to the complainant’s department. The complaint filed with the Inspector General shall contain a statement explaining at least one of the following: (1) that the complainant’s department did not provide a summary of the investigation, (2) the basis for the complainant’s belief that the action taken by the city in response to the complaint is insufficient or (3) the basis for the complainant’s belief that the improper governmental action is likely to recur or (4) the nature of the immediate harm and the basis for the complainant’s belief that immediate and substantial harm may occur. When applicable, the complaint shall include a copy of all summaries of investigation provided to the complainant by the complainant’s department. The Director shall not accept complaints related to discrimination or labor law matters, or other matters that are the subject of pending litigation.
(E) Immediate harm. Complainants shall file a complaint of improper governmental action with the Inspector General if the complainant believes that immediate and substantial harm to people or property will occur if immediate action is not taken. The complainant shall notify the Inspector General in the complaint as to whether the complainant has filed the same complaint with the complainant’s department and, if applicable, attach a copy of such complaint. If the complaint has not been filed with complainant’s department, the Inspector General shall determine if the complaint shall first be investigated by the complainant’s department, pursuant to the procedures required in subsection (A) of this section, or the Inspector General. The Director shall immediately notify the complainant’s department if the Inspector General determines that a threat of immediate harm may exist.
(F) Employees who fail to follow the procedures in this article in reporting improper governmental action shall not receive the protections provided in this article.
(G) If the complaint of improper governmental action includes allegations concerning the Inspector General, or anyone with supervisory authority over the Inspector General pursuant to the Inspector General Ordinance, the complaint shall be filed with the City Attorney.
(H) If the Department Director, the Chief Administrative Officer, the Mayor or the Inspector General (the appropriate office conducting the investigation) determines that the complaint involves allegations of criminal activity, the complaint may be referred to a law enforcement agency of proper jurisdiction. The party conducting the investigation may coordinate any further investigation with such law enforcement agency. If criminal charges are formally filed, the party conducting the investigation may suspend its investigation until completion of criminal action.
(Ord. 2-2004; Am. Ord. 1-2005; Am. Ord. 30-2010)