Item 3: Ordinance on Complaints Against Council Employees

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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 (c) Can complete the investigation in a timely fashion. (2) Following completion of the investigation, the outside investigator shall provide a report of the investigation to the council. (3) After reviewing the report from the investigator, the council shall determine whether the complaint is sustained and, if so, whether the complaint merits imposition of any discipline. 2.412 Council Employee Complaint Process – Meetings of City Council to Discuss Complaint. (1) To the extent authorized by the Oregon Public Meetings law, the council shall meet in executive session to consider the complaint unless the council employee that is the subject of the complaint requests that the meeting be held in open session. (2) The council’s final resolution of the complaint shall be made in open session. Section 2. Subsection (2) of Section 2.486 of the Eugene Code, 1971, is amended to provide as follows: 2.486 Public Official Code of Ethics - Complaint Process. (1) Complaints Against Executive Manager. When a written complaint is made against an executive manager alleging a violation of section 2.482 or 2.484 of this code, and the complainant has affirmed the truthfulness of the allegation(s), the complaint shall be reviewed and investigated by the city attorney. The city attorney shall make an initial determination as to the merits of the complaint. (a) If the city attorney finds that the complaint is without merit, the city attorney shall notify the city manager in writing of the allegation and the finding. The city manager shall direct the city attorney to investigate the matter further or direct the city attorney to dismiss the matter. (b) If the city attorney finds that the complaint has merit, the city attorney shall provide an investigative report to the city manager who shall handle the situation in the same manner as other city employee matters. (2) Complaints Against Elected or Council Appointed [Official, City Manager, or Municipal Court Judge]Committee or Commission Ordinance - 5