(A) Purpose. The purpose of this section is to provide guidance to the Town Council, staff and citizens of the town for filing, investigating and researching complaints against city employees/elected officials. Also, to establish a formal procedure affording public officials and city staff an opportunity to remedy or determine a resolution to matter, if and when applicable.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLAINT. Written allegation by a citizen or employee of the town of a violation of a town ordinance by one of its citizens or employees which is drafted on a town complaint form.
COMPLAINANT. Any citizen/employee of the town who believes another has violated a town ordinance.
(C) Procedure for filing a complaint.
(1) A complainant shall obtain a town complaint form from the Town Clerk-Treasurer’s office. A sample of this form is in division (D) below. The complainant shall then complete the first page of this form in its entirety and sign and date the form. Any form which is not completed pursuant to the instructions on the form shall be disregarded with no further action taken by the town. The complainant shall submit the form to the Town Council President, head of the department or Clerk-Treasurer, who will then sign and date the form. A copy of the signed/dated complaint form will be given to the complainant. The original is filed in the Town Clerk-Treasurer’s office.
(2) All complaint forms will be turned over to the Town President who will confirm the complaint is completed by the complainant as required by this section. Once determined, the Town Council President or his or her designee will communicate to the complainant/potential offender the course of action. Matters not found to be valid will be dismissed without action or discussion. complainant/potential offender will be notified of the decision not to pursue the complaint and the reason thereby. The result of the investigation and the method of how the complainant/potential offender was notified shall be recorded on the town complaint form. All town officials who received and reviewed the complaint shall sign in the appropriate lines on the town complaint form.
(3) If the complaint is in reference to misconduct by an employee or elected official of the town, the complaint form will be first forwarded to the Town Council President and the employee’s direct supervisor. If the complaint is about a department head, the complaint will be forwarded to the Town President.
(a) The Town Council President will make the determination as to how the complaint handling will proceed.
(b) If legal counsel is required, the Town Council President will consult with the Town Attorney.
(c) If a closed session is required and permitted by state law, the Town Council President may call an executive meeting with the Town Council upon written request of the employee.
(d) If disciplinary action is required, the disciplinary procedures laid out in the Employee Handbook will be followed.
(D) Example of town complaint form.
TOWN OF BUNKER HILL COMPLAINT FORM Please complete the following information so the Town Council can investigate your complaint. Please print clearly. : check this box if you wish to remain anonymous. If you check this box you do not need to fill out the name, address, phone number or sign the form, but you must still write the date you submitted the form. If you choose to remain anonymous, you understand that by doing so you may hinder the town’s ability to investigate this complaint. You further understand the town will be unable to inform you of any result of its investigation. NAME: ADDRESS: PHONE NUMBER: NATURE OF COMPLAINT (include date, time, place and names of all involved): WILL YOU ATTEND THE TOWN COUNCIL MEETING TO EXPLAIN YOUR COMPLAINT: (check “yes” or “no”) Yes No Signature of Complainant Date TOWN OFFICE USE ONLY Signature of Official taking complaint Date NAME OF COUNCIL MEMBER OR DEPARTMENT HEAD COMPLAINT WAS FORWARDED TO AND DATE COMPLAINT WAS FORWARDED: Name: Date: SIGNATURE AND DATE OF RECEIVING COUNCIL MEMBER/DEPARTMENT HEAD Signature Date RESULT OF INVESTIGATION: Bunker Hill Town Council President Date WHEN AND HOW WAS THE COMPLAINTANT INFORMED OF THE RESULT: |
(Ord. 8, 2018, passed 12-10-2018)