(A) A citizen may file a complaint concerning alleged misconduct of any City employee with the Director. No complaint may be filed more than 30 days after the occurrence of the incident.
(1) A complaint form shall be completed by the person filing the complaint providing as much detail as possible, which shall include, but not necessarily be limited to, the following:
(a) Name, date of birth, social security number, address and telephone number of the complainant;
(b) The factual basis of the complaint in such detail as to apprise any party properly concerned as to the time, place and facts surrounding the incident;
(c) Names and addresses and, if possible, phone numbers of all witnesses;
(d) The name and other identifying information of the City employee involved.
(2) The Director will assist the citizen in completing the form only when necessary.
(3) Any statements taken by the Director from the Complainant or witnesses at the time the original complaint form is completed shall be recorded as may be allowed by law.
(4) Complaints of alleged misconduct which may be criminal in nature shall be referred to the Public Safety Director for investigation.
(B) The Director will discuss the complaint with the citizen to insure that all necessary information has been obtained.
(C) Investigation.
(1) The Director will interview the Complainant and witnesses and shall record each interview as may be allowed by law.
(2) The Complainant shall fully cooperate with the Director during the investigation.
(3) The Director will obtain any other pertinent information or records concerning the incident.
(4) Upon request from the Director, the Department Head for the employee involved will send a response to the Director, which may be one of the following:
(a) Answers to any questions raised by the Director;
(b) A statement indicating that appropriate action has been taken based on the circumstances; or
(c) A statement indicating that the matter is subject to an internal investigation.
(D) At the conclusion of the investigation, the Director shall prepare a report which will include, but not necessarily be limited to, the following:
(1) Names, dates, and summaries of the contacts with witnesses and any statements given by those witnesses;
(2) The dates of and a summary of correspondence and other contacts with the Complainant or other party involved with the incident;
(3) A summary description of any other pertinent records and information; and
(4) The response from the employee's Department Head.
(E) At any time prior to the Director's final decision, the Director may meet with the Complainant to discuss the matter and attempt to come to a mutually acceptable conclusion.
(F) The Director will prepare a final report at the conclusion of the investigation. The report shall include the following:
(1) Any statements of the complainant;
(2) Any statements of witnesses;
(3) Any other information concerning the allegations of the complaint; and
(4) Findings of fact and a recommendation concerning whether a violation of any departmental rule or procedure or city policy has occurred.
(G) The Director’s final report shall be submitted to the Mayor and appropriate
Department Head of the city.
(Ord. 7949, passed 3-3-98; amend. Ord. 8427, passed 5-3-05; Am. Ord. 9146, passed 5-1-18)