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7.4.1 Complaint. Where any Member, Councilmember, City employee, or <br />resident of the City has substantial evidence that a Member has materially <br />violated these Protocols or their Oath of Office, they may file a written <br />statement with the City Clerk who will then provide it to the City Manager <br />and City Attorney and the affected Member. The name of the <br />complainant shall initially be redacted and kept confidential and not <br />disclosed until it has been determined as provided in Section 7.4.2 that <br />there is substantial evidence that the Member has materially violated the <br />Protocols. <br />7.4.2 Investigation. Upon receipt of a Complaint as provided in Section 7.4.1, <br />or upon the direction of the City Council, the City Manager and City <br />Attorney shall investigate and report, within not more than thirty (30) days, <br />as to whether there is substantial evidence in support of an allegation <br />that a Member has materially violated these Protocols or the Oath of <br />Office. If the City Manger and City Attorney conclude that there is not <br />substantial evidence to support an alleged violation or that the violation <br />was not material they shall so report to the Council and the matter shall be <br />deemed dismissed unless the Council directs that a public meeting be <br />held pursuant to Section 7.4.3. If the City Manager and City Attorney <br />conclude that there is substantial evidence to support an alleged material <br />violation of the Protocols or Oath of office they shall, issue a report to the <br />City Council and the Member. The affected Member shall have 30 days to <br />provide any written comments or evidence to the City Manager, City <br />Attorney and City Council in response to the report. <br />7.4.3 Enforcement. The City Council shall enforce these protocols against <br />Members depending upon the extent and severity of the violation by <br />means of either (i) a warning (ii) a written reprimand; (iii) censure; or (iv) <br />removal from office. The following procedure shall be utilized: <br />a) Receipt of Report. Upon receipt of the Report, the Council will <br />hold a public meeting at which it will determine whether the <br />complaint should be dismissed, a warning should be issued, a <br />written reprimand should be issued, censure issued, or the Member <br />(only if not a Councilmember) should be removed from their office. <br />In the event the Council determines that it appears that anything <br />other than a dismissal or warning is appropriate, it shall set a public <br />hearing to be held within 30 days and provide written notice and <br />opportunity to be heard to the affected member. <br />b) Dismissal. Where the Council, based on the Report and any <br />statement from the affected Member, determines that it is clear that <br />no violation occurred or that only a trivial or de minimus violation <br />occurred, or that the complaint was motivated by revenge or other <br />improper motives, the Council may dismiss the complaint. <br />-10- <br />RIV #4832 -5536 -0519 v3 <br />