§ 2.60.120. Investigation of complaints.

A.

At the discretion of the Ombudsman, a complaint may be formally investigated to obtain information sufficient to allow a determination on the merits of the complaint.

B.

Staff of the Ombudsman's office may interview the complainant, municipal employees and officials; review municipal practices and procedures; review and copy records; research ordinances, statutes, regulations; and utilize any information the Ombudsman deems relevant to assist in the Ombudsman's determination on the merits.

C.

The Ombudsman may examine, under oath, persons believed to have information relevant to the investigation. Testimony or production of documents may be compelled by subpoena.

D.

Notice of investigation, including a written statement of the complaint in general terms, will be provided to the municipal office or person against whom a complaint is made.

E.

During the course of an investigation, if information is exchanged which leads to satisfactory resolution for the complainant, the investigation may be discontinued.

F.

A preliminary investigation report containing proposed findings and recommendations may be presented to the agency at the termination of the investigation. When the report is critical of an agency, consultation in accordance with subsection 2.60.140.C. is required. The preliminary report will be distributed to agency personnel designated by the Ombudsman. The report may be modified, at the discretion of the Ombudsman, if additional information is provided by the agency or modifications are requested.

G.

The Ombudsman will make a written finding based on the evidence obtained during the investigation, that the complaint or allegation is:

1.

Justified, if the Ombudsman determines or believes the complainant's criticism is valid;

2.

Partially justified, if the Ombudsman determines or believes that the complaint is justified and action or inaction by the complainant affected the outcome; or constraints of law, policy or procedure limited agency response; or only a portion of the complainant's criticism is valid;

3.

Not supported, if the Ombudsman determines or believes the complainant's criticism is not valid; or,

4.

Indeterminate, if investigation does not provide sufficient evidence for the Ombudsman to determine conclusively whether the complainant's criticism is valid or not valid.

H.

When the Ombudsman presents findings or recommendations to an agency, official or employee, seeking resolution to a complaint, the agency will accept the findings and recommendations or request modifications and notify the Ombudsman of any action taken on the recommendations within 30 days.

I.

The final investigation report is a public document and may be noticed to the public by an Assembly Information Memorandum. The final investigation report will be distributed to the complainant and appropriate government officials.

J.

A complainant may request a report on the status of the investigation and the Ombudsman will provide a status report on the complaint within a reasonable time after receipt of the request, not to exceed five business days.

(AO No. 77-94; AO No. 2017-40 , § 4, 3-21-17)