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(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)
(a) WHISTLEBLOWER IDENTITY AND INVESTIGATIONS. Every officer and employee of the City shall keep confidential:
(1) The identity of any person who makes a complaint to the Whistleblower Program under Section 4.107 of this Chapter, and any information that would lead to the disclosure of the person’s identity, unless the person who made the complaint provides written authorization for the disclosure.
(2) Complaints or reports to the Whistleblower Program and information related to the investigation of the matter, including drafts, notes, preliminary reports, working papers, records of interviews, communications with complainants and witnesses, and any other materials and information gathered or prepared in the course of the investigation.
The protection of confidentiality set forth in this Section applies irrespective of whether the information was provided in writing and whether the information was provided or is maintained in electronic, digital, paper or any other form or medium.
(b) INQUIRY REGARDING IDENTITY PROHIBITED. In order to assure effective implementation of the provisions of this Section providing confidentiality to whistleblowers, City officers and employees may not use any City resources, including work time, to ascertain or attempt to ascertain directly or indirectly the identity of any person who has made a complaint to the Whistleblower Program, unless such person has provided written authorization for the disclosure. Nothing in this Section shall preclude an officer or employee assigned to investigate a complaint under this Chapter from ascertaining the identity of a complainant to the extent necessary to conduct the investigation.
(c) EXCEPTIONS. Nothing in this Section shall preclude the Controller from (i) disclosing the identity of a person or other information to the extent necessary to conduct a civil or criminal investigation or to take any enforcement action, including any action to discipline an employee or take remedial action against a contractor, or (ii) releasing information as part of a referral when referring any matter to another City department, commission, board, officer or employee, or to other governmental agencies, for investigation and possible disciplinary, enforcement or remedial action, or (iii) releasing information to the Citizens Audit Review Board so that it may carry out its duty to provide advisory input to the Controller on the Whistleblower Program, provided that information is prepared so as to protect the confidentiality of persons making complaints and of investigations, or (iv) releasing information to inform the public of the nature of the actions taken by the Controller in the operation of the Whistleblower Program provided that information is prepared so as to protect the confidentiality of persons making complaints and of investigations.
(Added by Ord. 205-08, File No. 080019, 9/18/2008; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(a) FURNISHING FALSE OR MISLEADING INFORMATION PROHIBITED. When making or filing a complaint pursuant to this Chapter or participating in an investigation conducted by the Controller, Ethics Commission, District Attorney, City Attorney or any other department or commission, or any of their agents, as authorized under this Chapter, City officers and employees may not knowingly and intentionally furnish false or fraudulent evidence, documents, or information, misrepresent any material fact, or conceal any evidence, documents or information for the purpose of misleading any officer or employee or any of their agents.
(b) COOPERATION REQUIRED. All City departments, commissions, boards, officers and employees shall cooperate with and provide full and prompt assistance to the Controller, Ethics Commission, District Attorney, City Attorney, and all other commissions and departments, and any of their agents, in carrying out their duties under this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; Ord. 205-08, File No. 080019, 9/18/2008; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
The Ethics Commission shall provide an annual report to the Board of Supervisors which shall include the following:
(a) The number of complaints received;
(b) The type of conduct complained about;
(c) The number of referrals to the Civil Service Commission, other City departments, or other government agencies;
(d) The number of investigations the Ethics Commission conducted;
(e) Findings or recommendations on policies or practices resulting from the Ethics Commission’s investigations;
(f) The number of disciplinary actions taken by the City as a result of complaints made to the Ethics Commission; and
(g) The number and amount of administrative penalties imposed by the Ethics Commission as a result of complaints made to the Commission.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
In adopting and enforcing this Chapter, the City undertakes to promote the general welfare. The City is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)