Fort Walton Beach Resolution — 2022-24 Charter Officer Complaint Policy for Employee Handbook — reading text

RESOLUTION 2022- 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, ADOPTING POLICIES AND PROCEDURES FOR CHARTER OFFICER COMPLAINTS BY CITY EMPLOYEES; INCORPORATION OF THE POLICIES AND PROCEDURES INTO THE CITY EMPLOYEE HANDBOOK; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council has supervision over its charter officers, and as a board, may discipline such charter officers as necessary; and WHEREAS, there is currently no procedures in place for city employees to bring to the attention to City Council formal complaints if a charter officer violates city policy; and WHEREAS, the City Council finds that it is in the best interest of the City Council and city employees to have a formal procedure outlined so that city employees can bring complaints involving violation of city policies by charter officers to the attention of City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, THAT: Section 1. Authority and Adoption. City Council pursuant to the City Charter does hereby adopt the Complaint Resolution Procedures for Charter Officers attached hereto as Exhibit A as a policy of the City of Fort Walton Beach. Further, City Council directs that such policy be included in the Fort Walton Beach Employee Handbook. Section 2. Effective Date. This Resolution shall take effect immediately upon adoption by City Council. Richard A. Rynearson, Mayor Attest: Approved for form, Kim . fy.Barnes, City Cie Complaint Resolution Procedures — Charter Officers A. Charter Officers are appointed by the City Council and as such may only be disciplined, reprimanded, or terminated by an affirmative vote of the City Council. B. City Council expects its Charter Officers to follow City policies the same as other City employees. C. City Council finds that a clear method to communicate complaints against Charter Officers with the City Council for violation of a City policy is necessary. D. Should an employee of the City of Fort Walton Beach have a formal complaint to log against any Charter Officer for violation of a City of Fort Walton Beach policy, such complaints shall be submitted in writing ( to the extent reasonably possible) and contain the following information: 1. The name, department, title, address, telephone number, and email address of the employee making the complaint; 2. The name and title of the Charter Officer who allegedly committed any violation of a City policy, including any form of harassment, inappropriate behavior, or retaliation, and the name( s) of the alleged victim( s); 3. A clear and concise statement of the facts, including pertinent dates, locations, witnesses, and other evidence in support of the complaint; and 4. The signature of the complainant. E. The employee shall submit the written complaint in the following manner: 1. A copy of the complaint to the City Manager and the Mayor; 2. In the event the complaint is against the City Manager, the employee will provide the written complaint to the City Attorney and the Mayor; 3. In the event the written complaint involves the City Manager and the City Attorney, the employee is to provide the written complaint only to the Mayor and the Mayor Pro Tem. Upon receipt of a written complaint from an employee against a Charter Officer for violation of a City policy, the Mayor and/ or the Charter Officer( s) who received the complaint will make every effort to provide a copy of the written complaint to each Council Member within forty-eight ( 48) hours of receipt. Only after the City Council has received a copy of the written complaint will the complaint be given to the Charter Officer named in the complaint. The Charter Officer may provide City Council with a rebuttal of the complaint providing their own understanding of the facts and allegations. G. Upon receipt of the formal written complaint by the City Council, any Elected Official shall coordinate with the City Manager to communicate directly with the employee regarding only the substance of the written complaint. 1. Elected Officials may communicate with any City employee involved in a complaint against a Charter Officer so long as it does not violate the City Charter or disrupt the daily operations of the City. Accordingly, Elected Officials are encouraged to coordinate with the City Manager when possible. 2. Employees involved in a complaint against a Charter Officer may contact Elected Officials individually to discuss the details of the complaint. H. Any Elected Official may separately address the written complaint with the Charter Officer after all parties have received copies of the complaint and any rebuttals. I. The City Council shall be responsible for any investigation into an employee complaint against a Charter Officer for violation of City policies. The City Council may designate other Charter Officers to assist in the investigation or seek additional assistance from outside legal counsel if the City Council deems it appropriate. J. All parties involved in the course of an investigation are advised that any retaliation or reprisal against an individual who has made a complaint against a Charter Officer is a separate action that the City Council may act on. K. If the validity of the complaint cannot be determined or if the complaint does not warrant disciplinary action, the City Council may at its discretion resolve the complaint with no action taken. L. If after the investigation a majority of the City Council wishes to address the complaint to consider and take disciplinary action against a Charter Officer, the City Council will do so at a public meeting. The public meeting will be solely to address what action, if any, the City Council will take on the complaint against the Charter Officer. M. The City Council may consider any of the following when considering action: 1. Severity of the offense(s) 2. Any costs involved 3. Time interval between violations of similar or other rules 4. Charter Officer' s work record 5. Charter Officer' s length of service 6. Charter Officer' s overall value to the City 7. Any other factor that relates to the safe and efficient operation of the City. N. Any corrective action by City Council against a Charter Officer may include, but not be limited to counseling, mandatory training, performance improvement plan, reprimand, suspension without pay, or dismissal. O. Any investigations and disciplinary action administered shall be conducted in accordance with any applicable federal, state, or local laws.