2.94.095 Alternative procedure for complaints against employees and officials other than the mayor, council members, and members of advisory bodies.
A. If it appears after an administrative investigation that a person who reports directly to, or is supervised by, the mayor or that both a person who reports directly to, or is supervised by, the mayor and another employee may have both violated this chapter, then in either situation the mayor shall have an additional alternative procedure. In the discretion of the mayor, if the circumstances require it, or it is in the best interests of the city to strive to avoid even an appearance of impropriety in the conduct of the enforcement of this code, the mayor may refer any complaint within the scope of LMC 2.94.090 to the board of ethics and request it to either:
1. Begin its own investigation and issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor; or
2. Review only the initial investigation materials provided with the referral, then issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor; or
3. Review the initial investigation materials provided with the referral and determine if additional investigation is needed, then issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor.
B. The mayor’s referral shall comply with the requirements for a “specific complaint” as outlined in LMC 2.94.080, except that:
1. The mayor’s referral may also include any initial investigation materials or information prepared by third parties other than the mayor; and
2. Since the mayor has sworn to an oath of office and has a legal duty to enforce the law, the referral shall not be required to by signed under penalty of perjury.
C. When considering a mayor’s referral(s), board counsel and the board shall have:
1. All the authority and responsibilities that it would otherwise have under LMC 2.94.080 and 2.94.085, respectively, while investigating a complaint, holding hearings, and issuing an administrative order for disposition by the city council, including making an application(s) for subpoena powers and the issuing and enforcement of subpoenas under LMC 2.94.085(D); and
2. Authority to recommend to the mayor any action that would otherwise be available to the city council under LMC 2.94.080(B)(6).
D. Any final action shall be determined by the mayor, and both the board’s written report and a written report of final action taken by the mayor shall be provided to, and reviewed by, the city council in executive session. (Ord. 2493 § 5, 2004)