§ 2.90.280. Complaint procedure—Employee.

A.

Any person may file a complaint under this chapter concerning an employee with the director of human resources. The complaint may be filed with the mayor if the director of human resources is the subject of the complaint. A complaint shall specify the provisions of this chapter alleged to have been violated and facts alleged to constitute the violation.

B.

All complaints under this section shall be in writing and signed and sworn to under oath by the complainant in accord with KPB 2.90.050(A) and .060.

C.

All proceedings in respect of a complaint filed under this section are confidential and may not be disclosed to any person except as required for the proper processing and handling of the complaint.

D.

It is not a violation of this section for a person to contact or retain an attorney or to cooperate in a criminal investigation if one is proceeding.

E.

Upon request by the complainant, the name of the complainant shall be kept confidential and shall not be revealed unless for good cause shown.

F.

Upon receipt of the complaint, the director of human resources or mayor shall give the person under investigation notice of the substance of the complaint and an opportunity to present written information or oral testimony including the names of any individuals the person wishes to have interviewed.

G.

At the conclusion of an investigation, the director of human resources or mayor shall prepare a written report including:

1.

A summary of the investigation; and

2.

Recommendations for such administrative or legal action as deemed appropriate.

H.

The report shall be delivered to the person under investigation, the mayor, and the borough attorney.

I.

Action on complaints and investigations shall be completed within 90 days of the filing of the complaint unless good cause is shown for a 30-day extension.

J.

If an employee is found in violation of this chapter or found to have furnished false or misleading information during the investigation, the employee may be subject to reprimand, demotion, suspension, discharge, or otherwise subject to disciplinary action. This section does not prohibit the review of a disciplinary action in the manner prescribed by an applicable collective bargaining agreement or personnel statute or rule.

K.

All documents, records, testimony, final determination, and disciplinary action relating to the investigation of the complaint are confidential and shall not be released to the public, with the exception of the determination summaries required by KPB 2.90.270.

L.

An employee found in violation of this chapter may appeal the determination within 30 days of receipt of the report referenced in subsection H to the superior court in accordance with the Alaska Rules of Appellate Procedure.

(Ord. No. 2012-34, § 6, 9-18-12; Ord. No. 2010-10, § 1, 4-20-10)