§ 6-11. Complaint review and determination., Chapter 6. Code of Ethics, MUNICIPAL CODE, Code of Ordinances, Port Huron

(a)

Upon receipt of a written complaint concerning violation(s) of this chapter, the City Clerk shall promptly provide a copy to the officer or employee named therein and the appropriate controlling authority as provided below:

(1)

The controlling authority for officers, elected or appointed, including the City Manager, is the Mayor, City Council, and the City's legal counsel; or

(2)

The controlling authority for employees of the City is the City Manager and the City's legal counsel.

(b)

If a complaint is filed against the City's legal counsel and any of his or her designees, the City Council shall designate a neutral body to investigate the complaint and, if necessary, prosecute the violation.

(c)

Within 30 business days from receipt of the complaint, the City's legal counsel shall either provide to the City Clerk a status update or the final report and recommendation. A subsequent status update shall be provided every 30 business days thereafter until the report and recommendation is completed.

(d)

The report and recommendation shall include the following:

(1)

A copy of the complaint;

(2)

A formal written statement from the officer or employee named in the complaint outlining his or her position regarding the alleged violation;

(3)

Conclude whether facts alleged in the complaint, if true, would rise to a violation of this chapter and determine whether the officer or employee named in the complaint did commit a violation of this chapter; and

(4)

Provide a recommendation for disposition of the complaint.

(e)

The City Clerk shall provide a copy of any status updates or the report and recommendation to the appropriate members of the above-listed controlling authorities.

(f)

The above-listed controlling authorities shall take appropriate action on the basis of consensus upon any complaint or to otherwise resolve matters concerning violations of this chapter. The appropriate action to be taken in any individual case shall be at the discretion of the controlling authority involved, taking into consideration the recommendation of the City's legal counsel, which may include, but is not limited to, any of the following:

(1)

Refer the matter to a higher authority within the St. Clair County court system;

(2)

Pursue further investigation by the controlling authority;

(3)

Take or recommend appropriate disciplinary action, including removal from office, appointed position, or employment, in accordance with state law, the Port Huron City Charter, City Code, other regulations or policies of the City of Port Huron, or any collectively bargained agreement;

(4)

Dismissal of the complaint as being without merit with no further action required; or

(5)

Pursue such other course of action which is reasonable, just and appropriate under the circumstances.

(g)

To the extent permitted by law, all records or portions of records thereof pertaining to a complaint that has been dismissed as being without merit or where public disclosure would clearly constitute an unwarranted invasion of an individual's privacy shall be considered a suppressed record and public access shall be denied.