(A) An employee who becomes aware of a violation of any policy in the Code of Ethics should report the violation promptly to any one of the following:
(1) The Board of Ethics;
(2) Their immediate supervisor or department director;
(3) The City Clerk;
(4) The City Attorney;
(5) The Mayor;
(6) Any member of the City Commission; or
(7) Any supervisor with whom the employee feels comfortable discussing the matter.
(B) All reports of a violation of the Code of Ethics shall be reduced to writing by the reporting employee or by the person receiving the report. The employee may use the Complaint Form (HR Form Eleven) for this purpose. The report shall be signed by the complaining employee. All reports of violations will be kept confidential to the extent feasible and appropriate under the circumstances.
(1) All reports shall be reviewed and investigated. The violation will be investigated by the Board of Ethics. The results of the investigation will be communicated to the complainant, the alleged policy violator, and the City Commission. Any employee found to have engaged in misconduct constituting a violation of this policy will be appropriately disciplined, up to, and including, dismissal.
(2) As provided under the Protection Against Retaliation for City Employees Policy in § 37.065 of this chapter, an employee making a report under this policy will not be discriminated against, or be subject to retaliation in any way, for having made the report. Any person found to have discriminated, or retaliated, against an employee who makes a complaint shall be subject to disciplinary action, up to, and including, dismissal.
(3) The city recognizes that the question of whether a particular course of conduct constitutes a violation of the city's Code of Ethics may require a factual determination. The city also recognizes that false accusations have serious impacts on innocent parties. If an investigation results in a finding that the complaining party made a false accusation with malice, or with a reckless disregard for the truth, the complaining party will be subject to appropriate sanctions, including dismissal.
(C) An employee may speak directly to any member of the Board of Ethics about a violation of the Code of Ethics if the employee has reported a violation to members of management without result.
(D) Any report regarding an elected city officer shall be submitted to the city Board of Ethics, who shall determine the course of the investigation and the proper manner to address the complaint.
(Ord. 5-11-2023-A, passed 6-8-2023)