(A) The City shall establish an internal committee composed of City Staff to investigate complaints of abuse, fraudulent activity, gross mismanagement and gross waste of public funds.
(1) The composition of the committee shall be established by a Resolution of City Council.
(2) The City Clerk or designee shall serve as the Chairperson of the Committee. The Chairperson shall be responsible for scheduling meetings of the Committee, maintaining record of complaints investigated by the Committee and the outcome of investigations.
(3) Members shall be appointed whose training, education, or background provide skills or knowledge in investigating complaints, contracts, procurement, accounting or other relevant areas to the matters of the complaint.
(4) The City Attorney or designee shall attend all meetings of the committee to provide legal advice. If the City Attorney or designee have a conflict of interest, the committee may retain conflict-free legal services.
(5) The Committee shall establish procedures for promptly investigating complaints. The length of an investigation may vary depending upon several factors including the complexity complaint, the number of witnesses and the need for additional expertise. If an investigation is incomplete after 90 days, a majority of the Committee must vote to may continue the investigation for due cause by stating the reasons for the continuance. A record of the vote shall be maintained and shall be available as provided in subsection (C)(3). If majority vote to continue is not obtained, the report should be prepared and issued.
(B) Scope of Committee's Investigatory Authority.
(1) Examples of fraudulent activity, gross waste, and abuse may include: contract fraud, embezzlement, falsification of official documents, inappropriate expenditures, personal use of City assets, supplies, or resources; violation of City procurement policies.
(2) Examples of gross mismanagement may include: a pattern of failing to observe laws, guidelines, regulations or agency policies in managing agency resources (financial, capital, human) and the failure to correct known inefficient practices, systems, or controls deficiencies that cause financial harm to the City as a result of the unnecessary incurring of costs.
(3) The Committee is not authorized to investigate purely personnel or human resources related matters such as employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, reprimands, or violations of collective-bargaining agreements.
(C) Allegations and concerns about abuse, fraudulent activity, gross mismanagement, and gross waste of public funds activity may come from various sources including employees, vendors, members of the public, results of internal or external audit reviews, or from any other interested parties.
(1) The City shall allow multiple methods for complaints to be reported including online, by phone, email or mail, from either anonymous or identified persons.
(2) Complaints should include as many details as possible, but at a minimum shall include the following information: a description of the activity constituting abuse, fraudulent activity, gross mismanagement, and gross waste of public funds; identification of the persons involved; dates or approximate time frame.
(3) Records related to investigations shall be exempt from disclosure until the investigation is no longer active. An investigation is no longer active when the written report required under subsection (D) is provided or the investigation is closed because there is insufficient information, or the allegations are not within the committee's authority.
(4) All employees and officers who know or have a reasonable basis for suspecting abuse, fraudulent activity, gross mismanagement, and gross waste of public funds have or are occurring have a responsibility to report the suspected act immediately.
(5) Persons seeking whistle-blower protection must adhere to the requirements of Chapter 34, Whistle-Blower's Ordinance (§§ 34.20 through 34.32).
(D) The Committee shall prepare a report of the findings of its investigation and provide that report to the complainant if the person provides contact information. Periodic reports shall be provided to City Council that include the number of complaints, the type of complaint, the resolution of the complaint and the number of complaints being investigated that exceed ninety (90) days.
(Ord. 2021-30, passed 5-20-21)