Item B: Ordinance on Council Employee Complaint Process

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the form contains adequate substantiation, the Preliminary Review shall be added to the council agenda as soon as practicable. 2.408 Council Employee Complaint Process – Preliminary Review. (1) If it is determined that the complaint falls within the scope of section 2.402 of this code and that the complaint contains adequate substantiation, the council shall meet to consider whether the council should place the employee on administrative leave with pay pending resolution of the complaint. (2) In addition: (a) If the complaint alleges one or more violations of criminal statutes, the city attorney shall refer such allegations to the district attorney. Following completion of the district attorney’s investigation, the council shall determine the next steps. (b) If the complaint alleges one or more violations of ORS chapter 244, the city attorney shall refer such allegations to the Oregon Government Ethics Commission (OGEC) for review and investigation. Following completion of the OGEC’s investigation, the council shall determine the next steps. (c) For any alleged violations not referred to the district attorney or the OGEC, the council shall determine whether additional information is needed to act on the complaint. If the council determines that additional information is needed, then the council shall proceed to the Full Investigation pursuant to section 2.410 of this code. Otherwise, the council shall determine whether the complaint is sustained and if so, whether the complaint merits imposition of any discipline. (d) If the complaint includes multiple types of allegations (for example, a criminal violation and a violation of city code), any alleged violations of criminal laws shall be referred to the district attorney, any alleged violations of ORS chapter 244 shall be referred to the OGEC, and any alleged violations of federal laws, other state civil laws or the city code shall be considered by the council. 2.410 Council Employee Complaint Process – Full Investigation. (1) If the council chooses to proceed to a Full Investigation, the council shall choose an outside investigator to perform the investigation. The investigator shall be someone whose office is located outside Lane County, who has not been employed by or had family members employed by the city of Eugene, and who: (a) Has sufficient knowledge and expertise to conduct the particular investigation; (b) Will be fair and impartial; and Ordinance - 4