Chapter 2.95
EMPLOYMENT COMPLAINTS AGAINST THE CITY MANAGER
Sections:
2.95.030 Advice and assistance to the City Council.
2.95.040 Other remedies available.
2.95.010 Purpose.
The purpose of this chapter is to set forth a process to address employment complaints against the City Manager by City employees. (Ord. 16-1029 § 1 (part))
2.95.020 Process.
The following process is established to address employment complaints against the City Manager by City employees:
A. An employee may submit to the entire City Council or to their Department Director a written employment complaint against the City Manager. In addition, a copy of the written complaint shall be provided to the City Attorney and the Human Resources Manager. If a complaint is submitted to a Department Director, the Director shall forward the complaint to the City Council by the next business day after receipt.
B. Within two (2) business days of receipt of the complaint, or as soon as practicable, the Mayor (or Deputy Mayor in the case of absence or temporary disability of the Mayor) shall acknowledge receipt of the complaint in writing to the complainant, which shall include a nonretaliation affirmation on behalf of the City Council. The City Attorney and/or the Human Resources Manager shall make attempts to notify the Mayor of any received complaints so an acknowledgment can be processed.
C. The employment complaint shall be addressed by the Council in executive session at the next regularly scheduled Council meeting. However, a special meeting of the Council may be called by the Mayor to discuss the complaint in executive session. Alternatively, a majority of the City Council may call for a special meeting in accordance with RCW 42.30.080(1) and Section 4(D) of the City Council Administrative Procedures.
D. The Mayor may, but is not required to, place the City Manager on paid administrative leave until the next business meeting of the City Council following receipt of the complaint by delivering written notice to the City Manager. Written notice may be delivered by someone other than the Mayor, either in person, by mailing to the City Manager’s home address that is on file with the City, or other reasonable means. Paid administrative leave is temporary leave, with pay and benefits, and with or without restrictions of duties.
E. At the next business meeting of the City Council following receipt of the complaint, the City Council may, but is not required to, place the City Manager on paid administrative leave by taking formal Council action, which may be accomplished by motion or resolution. If the Mayor places the City Manager on paid administrative leave in accordance with subsection (D) of this section, the City Council must take formal Council action in order for such leave to continue.
F. The City Council will, as soon as practicable, determine whether the complaint should be investigated, and who should conduct the investigation. Investigations may be conducted by the City staff (such as the City’s Legal Department or Human Resources Department), or by someone not employed by the City. However, in no event shall a City Council member conduct an investigation.
G. After completion of the investigation, or within thirty (30) calendar days if no investigation has been undertaken, the City Council shall make a final decision through formal Council action, including what, if any, steps should be taken with regard to the resolution of the complaint. If the City Council determines that removal of the City Manager is appropriate, the procedures set forth in Chapter 35A.13 RCW must be followed.
H. Once a final decision has been made by the City Council, the Mayor shall communicate to the complainant the resolution of the complaint. (Ord. 16-1029 § 1 (part))
2.95.030 Advice and assistance to the City Council.
The Mayor and the City Council are encouraged to seek the advice and assistance of the Legal Department and/or Human Resources with any part of the process outlined in SMC 2.95.020. (Ord. 16-1029 § 1 (part))
2.95.040 Other remedies available.
The provisions of this chapter are not intended to limit any other remedies available by law. (Ord. 16-1029 § 1 (part))