Sec. 4.407. The Independent Investigator. (a) When the Special Committee authorizes an investigation into a complaint of discrimination or sexual harassment against an elected official, an independent investigator will be selected from a list of prominent and respected citizens who are not employed by the City. The individuals on the list should have expertise in the fields of employment law, law enforcement, government or other, related, fields. The list shall be developed, maintained and periodically updated by the Personnel Department, the Chief Legislative Analyst and the City Attorneys Office. The list and all updates shall be adopted by the full Council. (b) When a matter is referred to an independent investigator, the Personnel Department shall select an investigator by lot from those who were on the list prior to the complaint being received and who are currently available to accept the assignment. The independent investigator will then select the independent investigator’s own staff to assist with the investigation. (c) The independent investigator will be responsible for conducting the investigation. The independent investigator shall have access to any City employee who may provide relevant information, including the complainant and the accused and any witnesses provided by them. The investigator shall also have access to City resources and documents as required to conduct the investigation. Should necessary access be denied, the investigator shall report back to the Special Committee for further instructions. (d) The independent investigator shall have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and order by subpoena the production of documents, records or other materials relevant to the investigation. (e) At the completion of the investigation, the independent investigator shall submit to the Special Committee a comprehensive report containing an investigative summary of the evidence received, an analysis of the evidence, factual findings, a conclusion and recommendations regarding resolution of the complaint. (f) Each fiscal year, there shall be included in the Contract Services Account of the budget of the Personnel Department funds to support any independent investigator authorized by this Section. SECTION HISTORY Section Added by Ord. No. 171,230, Eff. 9-12-96.