HomeMy WebLinkAboutComplaint policy attachment
Attachment 2
Title 2, Administration
Chapter 2.62
HANDLING FORMAL COMPLAINTS REGARDING BOARD MEMBERS ALLEGED
VIOLATIONS OF DISTRICT CODE OR THE LAW
Sections:
2.62.010 Introduction
2.62.020 Filing a Complaint
2.62.040 Acknowledgement and Notification
2.62.050 Investigation
2.62.070 Right to Refuse or Terminate Investigation
2.62.080 Resolution of Complaint
2.62.010 Introduction The District strives to conduct its business and achieve its
mission through the highest of ethical and legal standards. It recognizes the value of
and encourages input from the public and staff regarding the District’s operations and
governance.
Any member of the public or District staff can make a formal, written complaint should
they have a concern that a Board member has or is violating District Code or local,
state, or federal laws. Before a complaint is filed, however, it is recommended that the
complainant first talk with the District’s General Manager or Board President regarding
the facts and circumstances giving rise to the complaint. If the situation remains
unresolved and the complainant proceeds to file a complaint, then the following
procedure will be followed:
This policy covers allegations of misconduct by any member of the District’s Board of
Directors. Complaints will be investigated promptly and reported, recorded, and
resolved in accordance with the approved policy and procedures. In all cases, the rights
of all parties will be respected. Any complainant who submits a complaint will not be
subject to any form of retaliation or reprisal from the Board member or the District.
The purpose of the policy is to enable and describe the means for the gathering of facts
pursuant to any complaint; to ensure a complaint is investigated and responded to in a
manner that is timely, fair and transparent.
Subjects will be informed of the specific nature of allegations in a Formal Complaint and
will have a fair and reasonable opportunity to respond to the allegations.
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2.62.020 Filing a Complaint In order to be considered and responded to, a complaint
must be submitted to the District’s General Manager’s office or to any Board member in
writing and signed by the individual(s) making the complaint. The complaint must be
specific in nature, describing the facts and circumstances giving rise to the complaint in
the clearest terms possible, and include a clear and concise description of and
submission of any relevant supporting evidence that a Board member has violated
District Code or any local, state, or federal law. The complaint must identify whether the
facts giving rise to the complaint are the subject of any complaint made to or are the
subject of any investigation by an administrative agency or are the subject of any
pending litigation.
The District will not act on complaints that are not in writing or which are anonymous,
nor will it consider complaints sent electronically or through facsimile transmission. In
addition, the District will not act on complaints submitted on behalf of another individual
or complaints forwarded to the District by someone other than the complainant. The
District will not act on any complaint which is based upon facts and circumstances or
contains allegations that are subject to an on-going investigation by a third party agency
or that are in litigation. Care must be given to protect the District’s integrity from
frivolous, vexatious and or unsubstantiated complaints and from duplicating efforts to
address the complaint in other forums.
2.62.040 Acknowledgement and Notification Any complaint that the District receives
shall be acknowledged by the District in writing to the complainant within 10 days of
receipt of the complaint and a copy of this policy will be attached. The Board will be
informed that a complaint has been received and provided a copy of it.
2.62.050 Investigation Within 30 days of receipt of a complaint, the District’s General
Manager and legal counsel will conduct a preliminary investigation to determine if the
complaint meets the above requirements for filing a compliant that will be reviewed and
acted upon, if resolution of the complaint falls under the jurisdiction of the District and
review the complaint with the Board President to determine how to handle the
complaint. If the complaint is against the Board President, the General Manager and
legal counsel shall review the complaint with the Board Vice President and decide how
to handle it. The President, or the Vice President if the complaint is against the
President, is authorized to direct the General Manager and legal counsel to further
investigate the complaint, including hiring an investigator.
2.62.070 Right to Refuse or Terminate Investigation The Board President, or Vice
President if the complaint is against the President, may direct that no investigation of a
complaint be commenced or may direct that an investigation be terminated if:
The complaint is not within the jurisdiction of the District;
The complaint is frivolous, vexatious, or made in bad faith;
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The complaint does not contain reasonable grounds or adequate evidence to
initiate an investigation; or
The complaint is the subject of any investigation by an administrative agency or
the subject of any pending litigation.
2.62.080 Resolution of Complaint Upon completion of the investigation, the Board
shall be informed of the results of the investigation and determine the final resolution of
the complaint. Resolution of the complaint shall, at a minimum, include sending a
written response to the complainant describing:
Summary of complaint;
Summary of the District’s preliminary investigation and any additional information
relevant to the complaint; and
Summary of any action that has been or may be taken with respect to the
complaint.
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