(A) If the City Manager, after the receipt of an investigation by the City Attorney, has cause to believe a violation of this subchapter has occurred, the City Manager shall schedule a hearing on the matter. The city official who is charged with the violation shall have the right to present evidence, cross-examine witnesses, including the complainant or complainants, and be represented by counsel at the hearing. If, after such hearing and a review of all the evidence, the City Manager finds that a violation of this article has occurred, the City Manager shall take whatever lawful disciplinary action he or she deems appropriate, including but not limited to, reprimand, suspension, demotions or termination of service.
(B) If the City Council, after receipt of an investigation by the City Attorney, has cause to believe a violation has occurred, the City Council shall schedule a hearing on this matter. The City official who is charged with the violation shall have the right to present evidence, cross-examine witnesses, including the complainant or complainants, and be represented by counsel at the hearing. If, upon the conclusion of the hearing, at least five members of the Council vote to find a violation has occurred, the Council may adopt a resolution of censure which shall be placed as a matter of record in the minutes of an official council meeting.
(C) In order to further protect the rights of city officials, all investigations conducted under § 31.20 shall remain confidential and shall not be deemed a public record unless agreed upon by the alleged violator and City Council. In addition, the hearings conducted under this section shall not be opened to the public unless agreed upon by the alleged violator and City Council. Any disciplinary action taken by the City Manager or any resolution adopted by the City Council shall be made public.
('70 Code, § 2-174)