(A) Any individual who believes that a violation exists as prohibited by this subchapter may make a complaint which shall be a written formal signed complaint which shall be filed with the City Clerk’s office. The Clerk shall forward it to the City Attorney. The City Attorney upon receipt will proceed as follows:
(1) Review the complaint and determine whether the matter may be resolved without the need for investigation or referral;
(2) Forward a copy to the respondent to file a response or provide further information within 21 days;
(3) Upon receipt of the response from the respondent, the City Attorney 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; and
(4) Any determination to either dismiss the complaint or to proceed with an investigation is subject to an appeal by either the complainant or respondent to the City Council within ten days of said determination. The City Attorney shall disclose his or her determination to the complainant and respondent. If a timely appeal is not filed, then the matter shall proceed in accordance with the determination made by the City Attorney. In the event that the matter is referred to the Chief of Police for investigation, he or she shall cause the same to be investigated and referred back to the City Attorney for review and recommendation with a copy to the complainant and respondent.
(B) The above listed authorities, when requested, shall take appropriate action upon any complaint, request for information or otherwise resolve matters concerning a violation of said ordinance.
(C) The appropriate action to be taken in any individual case shall be at the discretion of the above authorities, which may include, but is not limited to, any of the following:
(1) Pursing further investigation by the controlling authority;
(2) Taking appropriate disciplinary action, including removal from office, appointed position or employment, in accordance with the City Charter, code of ordinance or state law;
(3) Pursuing such other course of action which is reasonable, just and appropriate under the circumstances; and
(4) Pursue issuance of a municipal civil infraction if it is determined that a person willfully violated a provision of this subchapter.
(D) 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, being M.C.L.A. §§ 15.231 et seq.
(Prior Code, § 2-312) (Ord. 1235, passed 7-18-2005) Penalty, see § 31.999