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(1) Complaints Against Executive Manager. When a written complaint is made against an executive manager alleging a violation of section 2.482 or 2.484 of this code, and the complainant has affirmed the truthfulness of the allegation(s), the complaint shall be reviewed and investigated by the city attorney. The city attorney shall make an initial determination as to the merits of the complaint.

(a) If the city attorney finds that the complaint is without merit, the city attorney shall notify the city manager in writing of the allegation and the finding. The city manager shall direct the city attorney to investigate the matter further or direct the city attorney to dismiss the matter.

(b) If the city attorney finds that the complaint has merit, the city attorney shall provide an investigative report to the city manager who shall handle the situation in the same manner as other city employee matters.

(2) Complaints Against Elected or Council Appointed Committee or Commission Member. When a written complaint is made against an elected official, or a committee or commission member appointed by the council alleging a violation of section 2.482 or 2.484 of this code, and the complainant has affirmed the truthfulness of the allegation(s), the complaint shall be reviewed and investigated by the city attorney. The city attorney shall make an initial determination as to the merits of the complaint.

(a) If the city attorney finds that the complaint is without merit, the city attorney shall notify the city council in writing of the allegation and the finding. Unless the city council directs the city attorney to investigate the matter further, the city attorney will dismiss the matter.

(b) If the city attorney finds that the complaint has merit, the city attorney shall prepare an investigative report and forward the report to the Oregon Government Ethics Commission. A copy of the city attorney=s report also shall be forwarded to the city council.

(Section 2.486 added by Ordinance No. 20300, enacted October 27, 2003, effective November 26, 2003; and amended by Ordinance No. 20422, enacted September 22, 2008, effective October 25, 2008.)