(a) Report of violations. An employee or other person may report to the City Attorney's Office any suspected violation of this article. A report of a suspected violation may be filed only if the matter complained of occurred after July 1, 2023.
(b) Investigation process:
(1) The City Attorney's Office has sole discretion to decide whether to investigate or to pursue a violation of this article. If the City Attorney's Office decides not to investigate or otherwise pursue a report of suspected violation, the City Attorney's Office must provide a written notification to any
or other person who filed the report that the City Attorney's Office is declining to further investigate the report and reason for declining. The
or other person may within 21 days, file a request for reconsideration with the City Attorney. The City Attorney's Office must provide a written response on the reconsideration within 20 days.
(2) The City Attorney's Office may initiate an investigation pursuant to a complaint or when the City Attorney's Office has reason to believe that a violation has occurred.
(3) To pursue a violation of this article, the City Attorney's Office must serve a notice of investigation setting forth the allegations and pertinent facts upon an
by U.S. mail. The notice of investigation shall be accompanied by a request for a written position statement and may include a request for records or other information. The notice shall also inform the
that retaliation for claiming rights under this article is a basis for additional monetary damages.
(4) An employer's position and response to any request for records must be provided to the City Attorney's Office as provided in the City Attorney's Office's rules. An employer's failure to provide a position statement or to timely and fully respond to a request for records or any other reasonable request issued by the department pursuant to an investigation creates a rebuttable presumption of a violation of this article for the purposes of the investigation and determination of violation. An
that fails to respond to a request for records may not use such records in any appeal pursuant to § 23.19 to challenge the correctness of any determination of violation by the City Attorney's Office of damages owed or penalties assessed.
(5) Investigations shall be conducted in an objective and impartial manner.
(6) The City Attorney's Office shall consider any statement of position or evidence with respect to the alleged violation which the
or person who filed the report of suspected violation or
wishes to submit.
(7) The City Attorney's Office may require a fact-finding conference or participation in another process with the
,
, or other person who filed the report of a suspected violation, and any of their agents and witnesses during the investigation in order to define the issues, determine which elements are undisputed, resolve those issues that can be resolved and afford an opportunity to discuss or negotiate settlement.
(c) The City Attorney's Office determination of violation. Except when there is an agreed upon settlement, the City Attorney's Office must issue a written determination of violation with findings of fact resulting from the investigation and a statement of whether a violation of this article has or has not occurred based upon a preponderance of the evidence presented to the City Attorney's Office. The determination of violation must be issued to the
and any
or other person who filed the suspected violation report.
(d) For alleged first violations arising during the first 365 days following the effective date of this article, the City Attorney's office must issue a warning letter and notice to correct and attempt to mediate disputes. For subsequent alleged violations arising during the first 365 days following the effective date of this article, the City Attorney's Office may impose the relief and penalties provided in § 23.18.