(a) The Manager shall investigate the complaint, gathering all available evidence both supporting and refuting the complaint.
(b) The investigation by the Manager shall be completed within six weeks after the vote by Council to commence such investigation. An extension of this time may be granted by Council for good cause shown.
(c) The Manager shall prepare a written report of the findings of the investigation. The report shall include a recommendation as to whether the investigation should be continued or the complaint be dismissed. The written report shall be presented and discussed at an executive session of Council held during the first Council meeting subsequent to the completion of the investigation.
(d) If, in a public meeting immediately following the executive session, at least four members of Council vote that there is probable cause to believe the allegations occurred, the Manager shall schedule an executive session hearing on the matter. If at least four members of Council do not vote that there is probable cause, or if no vote is taken at that meeting, the complaint shall be deemed dismissed.
(e) The provisions of Section 208.03(c) shall apply to said public meeting.
(f) If the complaint is not dismissed, written notice of the date, time and place of the hearing thereon shall be served upon the respondent and complainant within seven working days of said public meeting, personally or by certified mail to the last known address of each on the records of the City, return receipt requested, delivery restricted to the addressee only. Such notice shall also include a statement of the alleged violation and shall inform the respondent and the complainant of his or her right, and of the right of the Manager, to be represented by counsel, to examine evidence against him or her, to produce evidence, to call and subpoena witnesses, to confront his or her accusers and to cross- examine witnesses.
(g) If the complaint is dismissed, Council and the Manager shall make a public report of the findings if requested to do so by any respondent. However, all evidence and other matters referred to in Section 208.03(d) shall remain confidential, unless a respondent specifically requests that it also be made public.
(h) If the Manager is named as a respondent in any complaint, or if Council finds that the Manager has a personal interest in the results of any investigation, Council may remove the Manager from all duties under this chapter and appoint an independent investigator who shall assume all the duties and powers given the Manager hereunder.
(Ord. 11-87. Passed 5-18-87.)