(a) The City prohibits retaliation by or on behalf of the City against employees for making good faith complaints, reports or inquiries under this policy or for participating in a review or investigation under this policy. This includes, but is not limited to, retaliation in the form of an adverse employment action such as termination, decrease in compensation, the threat of physical harm or co-worker threats, harassment, and/or intimidation. Every effort will be made to protect the confidentiality of the employee making the report. However, a reporting individual's identity may have to be disclosed to conduct a thorough investigation, to comply with the law, and to provide accused individuals their legal rights of defense.
(b) This protection extends to those whose allegations are made in good faith but prove to be mistaken. The City reserves the right to discipline persons who make bad faith, knowingly false, or vexatious complaints, reports or inquiries or who otherwise abuse this policy. The employee is subject to disciplinary action, including suspension or removal, as determined by the employee's appointing authority (if the accused is the mayor the appointing authority is the Council) for purposely, knowingly, or recklessly reporting false information under this policy. Any staff member or volunteer who makes a report under this policy who believes he or she is being retaliated against must immediately contact the Director of Law. If the Director of Law is implicated in the complaint, report or inquiry, it should be directed to any member of City Council, the Mayor, or City Manager not so implicated.
(Res. 31-11. Passed 12-20-11.)