A. Except as otherwise provided in this section or required by law, a person filing a complaint of potential violation under the code of ethics and this chapter shall keep confidential the fact that the person has filed the complaint and the allegations made in it until the hearing officer issues a final written decision.

B. Except as otherwise provided in this section, no person, including the person who filed the complaint, shall knowingly disclose to another person, or otherwise make public, the contents of a complaint of potential violation unless the city official that is the subject of the complaint files a written request for the complaint and hearing on the complaint to be open to the public.

C. It shall not be a violation of confidentiality to disclose allegations raised in a complaint to public safety employees or state or federal agencies in order to protect the safety or health of any person or to report a violation of law to the governing authority.

D. If the person filing a complaint is uncertain if disclosure of allegations in the complaint would violate this section, that person may request a decision regarding the confidentiality of the information from the city attorney if the complaint is under preliminary review or from the hearing officer if one has been appointed. A determination under this subsection by the city attorney or the hearing officer is a final decision and is not subject to appeal.

E. If the hearing officer finds probable cause to believe that the person filing the notice of complaint violation has violated confidentiality under this chapter, the hearing officer shall immediately dismiss the complaint. Dismissal under this subsection does not affect the right of another person to initiate a proceeding on the same factual allegations by filing a complaint of potential violation.

F. Public disclosure resulting from corrective action under this chapter is not a violation of this section.

G. A person who files a complaint may request that their identity be protected throughout the complaint process and in all decisions or documents issued during or as a result of the hearing. A request for full confidentiality under this subsection should be filed with the complaint. (Ord. 22-13(AM) § 3, 2022)