(a) WHISTLEBLOWER IDENTITY. City officers and employees shall treat as confidential the identity of any person who files a complaint as set forth in Section 4.105(a). A complainant may voluntarily disclose his or her identity.
(b) COMPLAINTS AND INVESTIGATIONS. City officers and employees shall treat as confidential complaints filed under Sections 4.105, 4.115, and 4.117, and related information, including but not limited to materials gathered and prepared in the course of investigating such complaints, and deliberations regarding such complaints.
(c) PENALTIES. Except as provided in subsection (d), violations of subsections (a) and (b) may be subject to the administrative proceedings and penalties set forth in Charter Section C3.699-13, in addition to disciplinary action up to and including dismissal by his or her appointing authority.
(d) EXCEPTIONS.
(1) Conduct of Investigations. Nothing in this Section 4.120 shall preclude the Controller’s Office, Ethics Commission, District Attorney, and City Attorney from disclosing the identity of an individual or other information to the extent necessary to conduct its investigation.
(2) Legal Proceedings. Nothing in this Section 4.120 shall preclude City officers and employees from disclosing the identity of an individual or other information relating to a complaint to the extent required by the rules governing an administrative or court proceeding.
(3) Referrals. Nothing in this Section 4.120 shall preclude the Ethics Commission from referring any matter to any other City department, commission, board, officer, or employee, or to other government agencies, for investigation and possible disciplinary or enforcement action.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; amended by Ord. 299-18, File No. 180317, App. 12/21/2018, Eff. 1/21/2019; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)