(1) The Commission shall receive, register and initially evaluate all complaints made against members of the Department, whether made by citizens, employees of the Department or other government employees.
(2) The Commission shall conduct investigations into such complaints as it determines in its discretion, except as provided in subsection (3) below.
(3) The Commission shall not investigate:
(a) Complaints involving violations of the City’s internal EEO policies, including claims of harassment, intimidation, retaliation or abuse of City employees or applicants for City employment because of race, ethnicity, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information, domestic or sexual violence victim status, or other legally protected status. In all instances such complaints shall be referred to the Employee Relations Unit of the Department of Labor. 47.3
(b) Complaints of Department employees involving purely internal employment matters, such as assignment of overtime, work duty assignments, and other similar matters that do not concern allegations of abuse, corruption, intimidation, harassment or allegations of threat to the integrity of the criminal justice process.
(4) The Commission shall provide relevant information of complaints made to the Commission as follows:
(a) The Commission shall provide to the Department information concerning all complaints made against Department officers and employees and shall identify those complaints with respect to which the Commission intends to carry out an investigation.
(b) The Commission shall refer complaints concerning EEO matters addressed in subsection (3)(a) to the Department of Labor.
(c) The Commission shall share complaints with the District Attorney, Inspector General, the Board of Ethics and any other appropriate City or other law enforcement or governmental agency as it deems appropriate.
(5) The Commission shall develop cooperative agreements with the Department, the District Attorney, the Department of Labor, the Inspector General, and any other appropriate agency for the management of dual investigations and overlapping investigations in which a matter may fall within the purview of one or more such agencies, in addition to that of the Commission.
(6) Nothing in this Chapter shall preclude the Commission from receiving a referral or information from any federal, state or local law enforcement, or other governmental, agency. Nothing in this Chapter shall preclude the Commission from investigating matters within its purview concurrently with an active criminal investigation.
Notes
| 47.3 | Amended, Bill No. 240330 (approved June 14, 2024). |