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ARTICLE VIII.
REPORTING WRONGFUL CONDUCT
REPORTING WRONGFUL CONDUCT
(a) Definitions.
(1) Employee. All city employees of any status or classification, except elected officials, persons appointed to an elected official's personal staff, or individuals appointed to a position in city government by a majority of the governing body.
(2) Supervisory employee. Any supervisor, superintendent, division director, department director or other employee who has influence over personnel actions, including disciplinary action.
(3) Designated city official, public official or public agency. The mayor, councilmembers, city manager, city department head, city clerk, city attorney, county attorney, state attorney general, or a federal, state or local law enforcement agency.
(4) Wrongful conduct. Mismanagement, gross waste of monies or an abuse of authority, or violation of any law on the part of any city official(s) or city employee(s) that is reasonably believed to be of public concern.
(5) Adverse personnel action. Unsatisfactory overall performance evaluation; disciplinary action, including a written reprimand, suspension without pay, demotion, involuntary transfer or reassignment, disciplinary probation, or termination; withholding of an appropriate salary adjustment or other significant change in duties or responsibilities which is inconsistent with the employee's salary or classification.
(6) Layoff. Elimination of an employee's position by reason of a shortage of funds or work or material changes in duties or organization.
(7) Retaliation. Any adverse personnel action, layoff and/or change in the conditions of employment in response to an employee's allegation of wrongful conduct to a designated city official, public official or public agency.
(b) Method of reporting wrongful conduct by an employee to a designated city official shall be as provided by city administrative directive. Reports of wrongful conduct made to other public official(s) or public agency(s) as the employee may choose shall be in accord with any requirements of those public officials or public agencies.
(c) Any employee who believes that he or she has been retaliated against may make a written complaint as provided by city administrative directive. The city administrative directive shall prescribe methods of reporting, investigating and determining whether retaliation has occurred. Notwithstanding, retaliation shall not be found to have been committed if the adverse personnel action or layoff was justified for legitimate reasons.
(d) A determination under the city procedure that retaliation has occurred shall immediately result in reversal of the action including restoration of lost compensation or other lost benefits which have occurred by reason of such action.
(e) Any supervisory employee who under the city procedure is found to have knowingly retaliated against an employee shall be subject to disciplinary action, which may include dismissal from city employment.
(f) An employee who knowingly makes false accusation that a city official or city employee has engaged in wrongful conduct shall be subject to disciplinary action which may include dismissal from city employment.
(g) This article neither limits nor extends any other civil or criminal liability or remedy of any current or former employee or city official who either alleged the wrongful conduct or was the person against whom the wrongful conduct was alleged.
(Ord. No. 8126, § 1, 9-20-93)
ARTICLE IX.
REGISTERED CIVIL UNIONS*
REGISTERED CIVIL UNIONS*
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*Editor's note – It should be noted that the provisions of Ord. No. 9898 became effective on December 1, 2003. The title of Article IX was revised by Ord. No. 11088, adopted June 18, 2013 and effective July 19, 2013; Article IX was formerly entitled "Registered Domestic Partnerships".
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