(A) The employee shall submit a written report to the City Manager, or the person the City Manager designates to receive such information on his or her behalf, stating in detail the factual basis for the complainant's reasonable belief that an improper governmental action has occurred.
(B) If the City Manager's designee is the subject of the complaint, then the complaint shall be filed with the City Manager. If a charter officer is the subject of the complaint, the complaint shall be filed with the Mayor or the Mayor's designee. Suspected fraudulent activities may be reported directly to the Fraud Investigation Committee.
(C) The City Manager or the person designated by the City Manager to investigate complaints (Investigator) shall conduct a preliminary investigation within 30 days of the receipt of the complaint. The preliminary investigation shall determine if the complaint merits further investigation. The Investigator may confer with the City Attorney or the City Attorney's designee regarding laws and regulations which may apply. If the Investigator finds that the complaint has no merit or that proper corrective measures have been taken by the city, Investigator shall notify the complainant and the complainant's department head of the decision and such decision shall be a final report. If the Investigator finds that a further investigation is required, the Investigator shall notify the complainant and the complainant's department head of that decision. Decisions made pursuant to this subsection shall be public record only upon delivery of the decision to the complainant.
(D) If the City Manager, the City Manager's designee or the Mayor determines that the complaint involves allegations of criminal activity, the complaint may be referred to a law enforcement agency of proper jurisdiction. The party conducting the investigation may coordinate any further investigation with such law enforcement agency. If criminal charges are formally filed, the party conducting the investigation may suspend its investigation until completion of criminal action.
(E) All employees, board, commission, committee members and elected city officials shall assist the Investigator in the investigation of complaints filed pursuant to this subchapter, including but not limited to providing records and making statements. Interviews shall be outside the presence of the complainant and the complainant's supervisor. Employees shall be interviewed without loss of pay and may have an employee representative present at the interview. The Investigator shall give reasonable written notice to the person being interviewed of the time for the interview. Except as otherwise provided in this subchapter, all records of interviews shall be kept confidential until the Investigator issues a final report concerning the complaint.
(F) The Investigator may decline to investigate a complaint or portions of a complaint alleging improper governmental action if the same allegations have previously been investigated or have been adjudicated in any court. The Investigator may consolidate investigations when complaints allege the same or similar improper governmental action.
(G) Upon completion of a full investigation, a final written report containing the findings and conclusions of the investigation shall be delivered to the complainant, complainant's department, and the City Council. The report shall be public record upon delivery to the complainant.
(Ord. 2002-30, passed 4-18-02; Am. Ord. 2020-75, passed 11-5-20; Am. Ord. 2021-29, passed 5-20-21)