2.28.090 Complaints – Form, referral to other enforcement agency and requests for confidentiality.
A. All complaints regarding violations of this chapter shall be in writing, identify a person subject to the code of ethics, contain a full allegation of facts that would constitute a violation of the specific prohibitions enumerated in this chapter, and be sworn under penalty of perjury. All alleged violations must be submitted within 90 days of occurrence or when it should have been discovered with the exercise of reasonable diligence. Justification for any delay in filing complaints is the responsibility of the complainant. For complaints concerning unethical patterns of behavior, such complaints must be received by the Board of Ethics within 90 days of the most recent event comprising the pattern of behavior complained of, or within 90 days of when the last event should have been discovered with the exercise of reasonable diligence. The Board of Ethics will, in its discretion, limit the pattern of behavior to those events the Board of Ethics feels are proximately related in time to be a part of the same pattern of behavior.
B. The Board may refer the matter to a local, state, or federal enforcement agency that may have jurisdiction over the matter at any stage of the proceedings and may hold in abeyance Board action pending results of the referral. The Board of Ethics may, but is not required to, resume Board action on the matter if it has been provided notice of inaction by the agency to whom the complaint was referred, the expiration of any applicable statute of limitations, or inaction for more than one year by the agency to whom the complaint was referred. Local, state and federal enforcement agencies include, but are not limited to, the United States Attorney’s Office, the California Attorney General’s Office, the San Diego County District Attorney’s Office, the San Diego County Grand Jury, and the Fair Political Practices Commission (FPPC). If the Board learns of misconduct during any stage of the proceedings, but the misconduct is not within the specific prohibitions set forth in this chapter, the Board of Ethics may make a referral to the appropriate local, state, or federal enforcement agency that may have jurisdiction over the alleged misconduct.
C. The name of the complainant shall be disclosed unless the complainant has requested that their name be kept confidential and there is good cause to withhold such name. Requests for confidentiality shall be addressed as follows:
1. To request that their name be kept confidential, the complainant must provide, with their complaint, a detailed factual statement, sworn under penalty of perjury, that they would suffer harm or retaliation if their name were to be disclosed. Facts that may be considered to determine if good cause exists may include, but are not limited to:
a. The existence of an employer/employee or supervisor/subordinate relationship between respondent and complainant or the existence of such a relationship between complainant’s spouse or immediate relative(s) and respondent or respondent’s spouse or immediate relative;
b. Facts that show that complainant would be shunned, ostracized, or rebuked by any organization or group to which they belong if their name were to be made public;
c. Evidence of prior acts of retaliation or harm by respondent against complainant or any other person;
d. The existence of criminal convictions for crimes of violence by or the existence of any restraining orders against respondent.
Conclusionary or speculative statements of harm or retaliation are insufficient to establish good cause.
2. Upon a request for confidentiality, the Chair and two Board members, chosen by the Chair on a rotating basis, shall form an ad hoc subcommittee within two business days of being informed by the City Attorney’s Office of a request for confidentiality and, after consideration of the request, determine if good cause exists to withhold disclosure of the name. The Chair shall inform the complainant of its decision within five business days.
3. If the decision is to deny the request for confidentiality, complainant shall have five business days to withdraw their complaint. If complainant requests that the complaint be withdrawn, the entire complaint shall be returned to complainant and their complaint shall not be disclosed. The complaint and complainant’s name shall be not disclosed during this evaluation process.
4. Upon a finding of good cause by the ad hoc subcommittee formed under this section, the name of the complainant shall be kept confidential unless and until a finding of probable cause is made. The complaint shall also be redacted accordingly. (Ord. 3264 § 1, 2013).