Item 3: Ordinance on Complaints Against Council Employees

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(a) To a city councilor upon the councilor’s request. The councilor shall maintain the confidentiality of the complainant’s name; (b) To the city council if requested by the council. The council shall maintain the confidentiality of the complainant’s name; (c) To another individual if approved by the council. The individual shall maintain the confidentiality of the complainant’s name; or (d) If required by the Oregon Public Records Law (ORS 192.410 through ORS 192.505). (3) The complaint shall state the complainant’s reason for believing that a violation occurred and include any evidence available to the complainant related to the alleged violation. Unless adequate substantiation is included, the complaint shall be returned and the complainant informed that he or she can resubmit the complaint with adequate substantiation. “Adequate substantiation” means evidence that would cause a reasonable person to conclude that a violation occurred. (4) Complaints shall be filed with the city attorney’s office, or with the city recorder’s office, which shall be forwarded immediately to the city attorney’s office. (5) Within 24 hours of the receipt of a complaint, the city attorney’s office shall provide a copy of the complaint to each city councilor and the mayor. In addition, upon receipt of a complaint, the city attorney’s office shall attempt to immediately contact by telephone each elected official to alert them that a complaint has been filed. (6) Immediately after the council has been informed that a complaint has been filed and has been provided with a copy of the complaint, the city attorney’s office shall provide a copy of the complaint to the council employee who is the subject of the complaint and request the employee to provide a written response to the complaint. Once the response is received from the employee, the city attorney shall forward a copy of the response to the council. (7) If the complainant requests that his or her name be kept confidential, the city attorney’s office shall redact the complainant’s name from the complaint form and other investigative material before providing copies to the council and council employee. In instances where the identity of the complainant has been requested by a councilor or the council, that information shall be provided separately. 2.406 Council Employee - Complaint Process – Initial Determination. (1) The city attorney shall make an initial determination whether: (a) A complaint falls within the scope of section 2.402 of this code; and Ordinance - 2