Item B: Ordinance on Council Employee Complaint Process

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The city attorney shall notify the council of those conclusions. (2) Unless three or more members of the council notify the council within seven days that the councilors disagree with one or both of the city attorney’s conclusions, the city attorney shall take one of the following actions: (a) If the city attorney concludes that the complaint is within the scope of section 2.402 of this code and the complaint form included adequate substantiation, the Preliminary Review pursuant to section 2.408 of this code shall be added to the council agenda as soon as practicable; (b) If the city attorney concludes that the complaint falls outside the scope of section 2.402 of this code, the city attorney shall inform the complainant that the complaint is not within the scope of the complaint process; or (c) If the city attorney concludes that the complaint is within the scope of section 2.402 of this code but that the complaint form lacks adequate substantiation, the city attorney shall return the complaint form to the complainant with a request that the complainant provide additional substantiation and resubmit the form. (3) If three or more councilors notify the council within the seven day period that they disagree with one or both of the city attorney’s conclusions, the council shall meet as soon as practicable to discuss whether to seek a second legal opinion. (a) If the council decides not to obtain a second opinion, then based on the city attorney’s initial determination, either: 1. The city attorney shall inform the complainant that the complaint is not within the scope of section 2.402 of this code and/or that the form lacked adequate substantiation, whichever is applicable, or 2. The Preliminary Review shall be added to the council agenda as soon as practicable. (b) If the council decides to obtain the second legal opinion, the council shall select an attorney whose office is located outside of Lane County, who has not been employed by or had family members employed by the city of Eugene, and who has experience providing legal counsel to one or more governmental entities in Oregon. If an attorney has undertaken any work on the city’s behalf (for example, conflict counsel), the council shall be informed of that information before the council selects an attorney for the second opinion. 1. If the second opinion concludes that the complaint falls outside the scope of section 2.402 of this code and/or that the complaint form lacked adequate substantiation, the city attorney shall inform the complainant. 2. If the second opinion concludes that the complaint is within the scope of section 2.402 of this code and that Ordinance - 3