Any individual who believes that a violation of this chapter has occurred and wishes to make a complaint shall do so through a signed and dated writing which shall be filed with the City Clerk's office, who shall be the custodian of records concerning alleged ethics violations. A complaint can also be filed by mailing or hand-delivering same to any City Commissioner, City Manager, or to the City Attorney, at which time the complaint shall then be filed with the City Clerk. Complaints alleged against elected officials and non-elected officials that do not report to the City Manager shall be referred to the Board of Ethics. Upon receipt of a complaint, the Board of Ethics shall schedule a meeting as stated in § 37.15. All other complaints shall be referred to the City Manager. Complaints referred to the City Manager will follow the procedure below.
(A) The City Manager shall review the complaint and determine whether the matter may be resolved without the need for a formal investigation or referral to the City Attorney’s office.
(1) If the City Manager determines that a formal investigation or referral of the complaint to the City Attorney is necessary, the City Manager shall consult with the City Attorney and, within a reasonable time thereafter forward a copy of the complaint to the city employee named in the complaint (the respondent) requesting a written response or to otherwise provide further information within 21 days.
(2) Upon receipt of the response from the respondent, the City Manager, consulting with the City Attorney as necessary, may determine that the complaint should be dismissed, or may request further information from the complainant or the respondent if it is deemed necessary, or may determine that an investigation is warranted.
(B) The appropriate action to be taken in any individual case shall be at the direction of the City Manager in consultation with the City Attorney, which action may include, but is not limited to, any of the following:
(1) Pursuing further investigation by the City Attorney or an independent investigator;
(2) Refer the matter to the City Commission or the Board of Ethics for further discussion or consideration;
(3) Taking appropriate disciplinary action, including, but not limited to, reprimand, censure, suspension, and/or removal from employment; but only to the extent allowable by law, and in accordance with the St. Johns City Charter, Code of Ordinances, collective bargaining agreement, or the City of St. Johns Personnel Manual;
(4) Refer the matter to the appropriate law enforcement or prosecuting authority; and/or
(5) Pursuing such other course of action which is reasonable, just, and appropriate under the circumstances. While a complaint is pending, the city may exempt from disclosure as a public record any of the material, notes, communications, information or investigative records and materials if it is determined that said records are exempt under the provisions of the Freedom of Information Act.
(Ord. 631, passed 9-25-2017; Am. Ord. 672, passed 2-27-2023)