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Ordinance No. 20422
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2008 No. 20401-20425
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Ordinance No. 20422
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Last modified
6/10/2010 3:50:45 PM
Creation date
10/1/2008 4:15:28 PM
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Council Ordinances
CMO_Document_Number
20422
Document_Title
Concerning a Council Employee Complaints Process;adding sections 2.400, 2.402, 2.404, 2.406, 2.408, 2.410, 2.412 to the Eugene Code 1971; and amending section 2.486 of that code
Adopted_Date
9/22/2008
Approved Date
9/24/2008
CMO_Effective_Date
10/25/2008
Signer
Kitty Piercy
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<br />2.408 <br /> <br />2.410 <br /> <br />Council Employee Complaint Process - Preliminary Review. <br />(1) If it is determined that the complaint falls within the scope of section <br />2.402 of this code and that the complaint contains adequate <br />substantiation, the council shall meet to consider whether the council <br />should place the employee on administrative leave with pay pending <br />resolution of the complaint. <br />(2) In addition: <br />(a) If the complaint alleges one or more violations of criminal statutes, <br />the city attorney shall refer such allegations to the district attorney. <br />Following completion of the district attorney's investigation, the <br />council shall determine the next steps. <br />(b) If the complaint alleges one or more violations of ORS chapter <br />244, the city attorney shall refer such allegations to the Oregon <br />Government Ethics Commission (OGEC) for review and <br />investigation. Following completion of the OGEC's investigation, <br />the council shall determine the next steps. <br />(c) For any alleged violations not referred to the district attorney or the <br />OGEC, the council shall determine whether additional information <br />is needed to act on the complaint. If the council determines that <br />additional information is needed, then the council shall proceed to <br />the Full Investigation pursuant to section 2.410 of this code. <br />Otherwise, the council shall determine whether the complaint is <br />sustained and if so, whether the complaint merits imposition of any <br />discipline. <br />(d) If the complaint includes multiple types of allegations (for example, <br />a criminal violation and a violation of city code), any alleged <br />violations of criminal laws shall be referred to the district attorney, <br />any alleged violations of ORS chapter 244 shall be referred to the <br />OGEC, and any alleged violations of federal laws, other st,ate civil <br />laws or the city code shall be considered by the council. <br /> <br />Council Employee Complaint Process - Fulllnvestiaation. <br />(1) If the council chooses to proceed to a Full Investigation, the council <br />shall choose an outside investigator to perform the investigation. The <br />investigator shall be someone whose office is located outside Lane <br />County, who has not been employed by or had family members <br />employed by the city of Eugene, and who: <br />(a) Has sufficient knowledge and expertise to conduct the particular <br />investigation; <br />(b) Will be fair and impartial; and <br />(c) Can complete the investigation in a timely fashion. <br />(2) Following completion of the investigation, the outside investigator shall <br />provide a report of the investigation to the council. <br /> <br />Ordinance - 4 <br />
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