§ 2-162. Complaints of retaliation as a result of disclosure.  


Latest version.
  • (a)

    If an employee believes that he has been retaliated against in the form of an adverse personnel action for disclosing information regarding misconduct under this policy, he may file a written complaint requesting an appropriate remedy with the Chief Administrative Officer or his designee within 20 days after he knew or reasonably should have known of the adverse personnel action, whichever is later.

    (b)

    All complaints filed under this section shall include, at a minimum, the following:

    (1)

    The name and work address of the complainant;

    (2)

    The name and title of the each City officer or employee against whom the complaint is made;

    (3)

    The specific type of each adverse personnel action taken;

    (4)

    The specific date on which each adverse personnel action was taken;

    (5)

    A clear and concise statement of the facts that form the basis of the complaint;

    (6)

    A clear and concise statement of the complainant's explanation of how his previous disclosure of misconduct is related to the adverse personnel action; and

    (7)

    A clear and concise statement of the remedy sought by the complainant.

    (c)

    For purposes of this division, an adverse personnel action shall be defined as actions, including, but not necessarily limited to, the following:

    (1)

    A disciplinary suspension;

    (2)

    A decision not to promote;

    (3)

    A decision not to grant a salary increase;

    (4)

    A termination;

    (5)

    An involuntary demotion;

    (6)

    Rejection during probation;

    (7)

    A performance evaluation in which the employee's performance is generally evaluated as unsatisfactory;

    (8)

    An involuntary resignation;

    (9)

    An involuntary retirement;

    (10)

    An involuntary reassignment to a position with demonstrably less responsibility or status as the one held prior to the reassignment; or

    (11)

    An unfavorable change in the general terms and conditions of employment.

    (Code 2004, § 2-213; Ord. No. 2004-1-12, § 1, 2-9-2004; Ord. No. 2004-360-330, § 1, 12-13-2004)

(Code 2004, § 2-213; Ord. No. 2004-1-12, § 1, 2-9-2004; Ord. No. 2004-360-330, § 1, 12-13-2004)