(A) The Inspector General shall conduct a preliminary investigation based on complaints filed pursuant to this article. Such preliminary investigation shall begin within 30 days of the receipt of the complaint by the Inspector General. The preliminary investigation shall determine if the complaint merits further investigation. If the Inspector General finds that the complaint has no merit or that proper corrective measures have been taken by the city, the Inspector General shall notify the complainant and the complainant's department of the decision and such decision shall be a final report. If the Inspector General finds that a further investigation is required, the Inspector General shall notify the complainant and the complainant's department of that decision. Decisions made pursuant to this subsection shall be public record only upon delivery of the decision to the complainant and the complainant's department.
(B) All employees, board, commission and committee members and elected city officials shall assist the Inspector General in the investigation of complaints filed pursuant to this article, including but not limited to providing records and making statements. Interviews shall be outside the presence of the complainant’s and the witness’ supervisor. Employees shall be interviewed without loss of pay and may have an employee representative present at the interview. The Inspector General shall give reasonable written notice to the person being interviewed of the time for the interview. Except as otherwise provided in this article, all records of interviews shall be kept confidential until the Director issues a final report concerning the complaint.
(C) If the Inspector General determines that the complaint (1) was made in bad faith, (2) is frivolous, (3) was made for purposes of harassment or in retaliation, (4) contains information that the complainant knows to be false or the complainant disclosed information with disregard for the truth or falsity thereof, (5) contains information that is confidential by any provision of law or (6) contains information from records which are closed to public inspection pursuant to law, such determination shall be included in a report to the complainant, the complainant’s department and the Chief Administrative Officer. The report shall be a public record, state the basis for such determination and be filed in complainant’s personnel file. The Chief Administrative Officer shall determine if disciplinary action concerning the complainant is appropriate based on the Inspector General’s report and notify the complainant’s department.
(D) The Inspector General may decline to investigate a complaint or portions of a complaint alleging improper governmental action if the same allegations have previously been investigated or have been adjudicated in any court. The Inspector General may consolidate investigations when complaints allege the same or similar improper governmental action.
(E) Upon completion of a full investigation, a final written report containing the findings and conclusions of the investigation shall be delivered to the complainant and complainant’s department. The report shall be public record upon delivery to the complainant and complainant’s department. If the report concludes that improper governmental action occurred and that corrective measures have not taken place or are insufficient to prevent reoccurrence of the improper governmental action the report shall also be delivered to the Mayor and the City Council president.
(Ord. 2-2004; Am. Ord. 1-2005; Am. Ord. 30-2010)