§ 2.90.310. Confidentiality.

A.

Complaints and subsequent investigations relating to employees shall be confidential except as necessary to carry out the powers and duties set forth in this chapter or to enable another person or department to consider and act upon the determinations or recommendations of the mayor pursuant to any other section of this chapter.

B.

Any employee who is found to have publicly disclosed any information relating to an investigation or findings under this chapter, unless such disclosure is otherwise permitted under this chapter, shall be subject to discipline up to and including dismissal from employment.

C.

Except as set forth in subsections (D) and (E) of this section, any person, whether or not an employee, shall not violate the confidentiality requirements of this chapter. In addition to the disciplinary actions set forth above, a violation of the confidentiality provisions of this chapter shall be subject to a civil fine of up to $500.00.

D.

Notwithstanding subsections (A) through (C) of this section, the director of human resources may publish summary opinions to inform borough personnel and the public about the interpretation of provisions of this chapter relating to an investigation and determination as long as such publication does not divulge any material facts which would lead to the identity of the person who was the subject of the complaint.

E.

A person who makes public the substance of or any portion of a confidential investigation or determination of which that person was the subject is deemed to have waived the confidentiality of that determination and of any records obtained or prepared in connection with that determination.

(Ord. No. 2012-34, § 7, 9-18-12; Ord. No. 2010-10, § 1, 4-20-10)