(a) The Manager shall inform Council of the filing of a complaint and shall present the complaint at an executive session of Council pursuant to Ohio R.C. 121.22(G)(1). Such executive session shall be held during the first Council meeting subsequent to the receipt of a complaint by the Manager.
(b) An investigation of any complaint so presented shall commence only upon an affirmative vote by at least four members of Council that the facts alleged in the complaint, if true, constitute misfeasance, malfeasance or nonfeasance by the respondent in the conduct of Municipal affairs or administration. Any such vote of Council shall be taken in a public meeting immediately following the executive session. If less than a majority of Council vote to commence an investigation, or if no vote is taken at that meeting, the complaint shall be deemed dismissed.
If at least four members of Council vote to commence an investigation, a copy of the complaint, together with notice that an investigation is in process, shall be provided to the respondent within three business days from said vote. Such service shall be made to the respondent either personally or by certified mail, return receipt requested, delivery restricted to the addressee only, at his or her last known address on the records of the City.
(c) Neither the name of any respondent nor the allegations in the complaint shall be referred to or discussed in a public meeting. Rather, the complaint shall be identified only by its assigned number. This subsection shall prevail over any contrary provisions of the Council rules or any other ordinance of the City.
(d) Since Ohio R.C. 121.22(G)(1) allows the investigation of complaints against public employees and officials and the consideration of dismissal or discipline of such employees and officials to be conducted in private executive sessions, all records, proceedings and documents relating to complaints and any hearings thereon shall remain confidential until the investigation is terminated or dismissed and as provided in Sections 208.04(g) and 208.06(c).
(Ord. 11-87. Passed 5-18-87.)