Title 2 - Administration and Personnel

2.22.150 Enforcement

1. A.
   Complaints.

   1. 1.
      If an elected or appointed official believes another elected or appointed official has violated a provision of this Article, the official with that belief should first advise the other official of their belief. If the official initiating the concern does not believe the matter has been satisfactorily resolved, the official may file a written complaint with the City Attorney who will forward the complaint to the Independent Counsel and the official accused of the violation.
   2. 2.
      Any person that is not an elected or appointed official may submit a written complaint regarding an apparent violation of this Article to the City Attorney who will forward the complaint to the Independent Counsel and the official accused of the violation.
2. B.
   Investigations.

   1. 1.
      The City Attorney shall select Independent Counsel to investigate complaints and if necessary present investigative findings to the Council Committee of the Whole. The Independent Counsel should have experience conducting investigations or in the area of governmental ethics.
   2. 2.
      The Independent Counsel shall investigate the complaint if they determine that the allegations in the complaint, if true, would constitute a violation of the provisions of this Article. If the Independent Counsel does not believe the allegations in the complaint, if true, would constitute a violation of this Article, the Independent Counsel shall provide their reasons for this finding in writing to the City Attorney who will forward those reasons to the complainant and the official accused of the violation.
   3. 3.
      If Independent Counsel proceeds with an investigation, they will also determine whether the alleged violation of the provisions of this Article would also constitute a violation of State or other local law.
   4. 4.
      The Independent Counsel or City Attorney may also determine that a complaint is frivolous, or that repeated complaints are intended to disrupt essential functions of the City or harass an elected or appointed official. If the Independent Counsel makes such a determination, the Independent Counsel shall present that finding to the City Attorney. If a determination has been made that a complaint is frivolous or is intended to disrupt essential functions of the City or harass an elected or appointed official, the City Attorney may dismiss the complaint and refuse to accept another complaint from the complainant for up to one (1) year following notice to the complainant. Such determination may be appealed to the City Manager and the right to appeal shall be included in the notice to the complainant. For the purposes of this provision, a frivolous complaint is a complaint that has no basis in law or fact and is brought either in bad faith or for the purpose of harassment.
3. C.
   Investigative Findings.

   1. 1.
      Upon concluding the investigation of a complaint, if the Independent Counsel finds that there is clear and convincing evidence that the official who is the subject of the complaint violated a provision of this Article, they shall notify the City Attorney and the City Manager, and the City Manager shall coordinate issuance of a Call and Notice for a Special Formal Meeting of the Council Committee of the Whole. Prior to the meeting of the Council Committee of the Whole, the City Attorney shall present the investigative findings to the official accused of the violation. The Independent Counsel shall present their investigative findings at the meeting of the Council Committee of the Whole where the matter is discussed, and the official who is accused of the violation shall have the right to present evidence on their behalf at the meeting. After reviewing the investigative findings and the presentation of any evidence, the Council Committee of the Whole will determine whether or not the official accused of the violation committed official misconduct.
   2. 2.
      If the Independent Counsel concludes that there is clear and convincing evidence that an official has violated a provision of this Article and that such violation also constitutes a violation of State or other local law, the Independent Counsel shall include this information in the investigative findings they present to the City Manager, City Attorney, and Council Committee of the Whole.
   3. 3.
      Upon concluding the investigation of a complaint, if the Independent Counsel finds that there is not clear and convincing evidence that the official who is the subject of the alleged violation violated a provision of this Article, the Independent Counsel shall not present the investigative findings to the Council Committee of the Whole but shall provide their reasons for this finding in writing to the City Attorney who will forward those reasons to the complainant and the official accused of the violation.

(History: Ord. No. COE-3303 §7, 2020)

Effective on: 1/1/1901