CC SR 20251104 G - Amend CC Policy No. 50 Fraud Waste and Abuse Reporting Process
CITY COUNCIL MEETING DATE: 11/04/2025
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider amending City Council Policy No. 50 (Fraud, Waste and Abuse Reporting
Process) to implement an in-house reporting system to report fraud, waste, and abuse.
RECOMMENDED COUNCIL ACTION:
(1) Approve the amendments, as shown in track changes, to City Council Policy No.
50 to implement an in-house reporting system, in lieu of a system under contract
with Navex, to confidentially report alleged fraud, waste, and abuse by City
employees, contractors, volunteers, and Committee/Commission members,
effective January 1, 2026; and,
(2) Issue a notice of cancellation to Navex, which currently hosts the City’s fraud,
waste, and abuse reporting system, effective December 31, 2025 .
FISCAL IMPACT: Implementing an in-house reporting system will not require any
funding, beyond the staff time already dedicated to reviewing
submitted reports under the current Navex reporting system.
Furthermore, canceling the Navex reporting system will save the City
approximately $9,950 in annual contract costs. VR
Amount Budgeted: $10,000
Additional Appropriation: N/A
Account Number(s): 101-400-1450-5101
(GF - Human Resources Professional/Tech Services) VR
ORIGINATED BY: Vanessa Godinez, Human Resources and Risk Manager VG
REVIEWED BY: Catherine Jun, Deputy City Manager CJ
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendments to City Council Policy No. 50 (redlined) (Page A-1)
B. Amended City Council Policy No. 50 (clean-version) (Page B-1)
C. September 6, 2016 Staff Report (Linked)
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BACKGROUND:
Under Government Code § 53087.6(a)(1), local jurisdictions “…may choose to implement
a whistleblower hotline to receive calls from persons who have information regarding
fraud, waste, or abuse or improper governmental activity.” To protect the public assets
entrusted to the City, the City Council adopted Council Policy No. 50 (“Policy”) to receive
and investigate such reports that are alleged to have been committed by City employees,
contractors, volunteers, and Committee/Commission members. Fraud, waste, and abuse
are defined in detail under Government Code § 53087.6(f)(4) and generally include, but
are not limited to: corruption, bribery, theft of government property, malfeasance, and
other similar acts.
The existing Policy (Attachment C) establishes procedures to receive, investigate, and
resolve any reports in a confidential manner. This requires that the reporting system be
administered by a third-party company (currently Navex) that intakes confidential reports
through an online portal and by telephone 24/7 and organizes them on a secure, online
database. The report is then referred to the City’s Case Manager (currently the Deputy
City Manager) who reviews and validates whether the report warrants further
investigation. If the report is unrelated to fraud, waste, or abuse, the Case Manager would
refer it to the appropriate Department or outside agency for a timely resolution. In sum,
Navex logs reports but does not assist with any validations, investigations, or resolutions.
That work is undertaken by the City’s Case Manager, City Attorney, City Manager, and/or
outside investigator.
Currently, the cost for the Navex reporting system is $9,950 per year, with an anticipated
cost escalation of up to $12,000, when the annual service contract renews in February
2026.
DISCUSSION:
Since implementation, the City has received a total of 24 reports through Navex over the
last eight years (since 2018), all of which did not meet the definition of fraud, waste, or
abuse. Rather, they were generally requests related to customer service or operations,
policy feedback, and general personnel or service-level complaints. In comparison,
examples of eligible reports of fraud, waste, or abuse would include:
• Intentional theft or misuse of City funds or assets
• Falsification of records, invoices, or timekeeping
• Knowingly directing contracts or payments for personal gain
• Gross mismanagement of public resources or expenditures
• Abuse of official position for private benefit
Staff surveyed several comparable California agencies to understand their reporting
practices and found that most manage reporting in -house, directing the public to a City
webform, email address, or phone number. The review and investigation process es are
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typically handled by City staff, with built-in checks and balances to prevent any conflict of
interest.
Given the low number of reports and minimal use of the Navex system, Staff recommends
transitioning the fraud, waste, and abuse reporting system to an in-house process similar
to those used by comparable agencies. The in-house process will continue to allow
confidential and anonymous reporting from the public and City staff, but is administered
directly by the City Manager’s Office, City Attorney’s Office, and Human Resources and
Risk Management Division to maintain independence and accountability.
The intake process will differ slightly from the current one – reports will be submitted
through an encrypted webform on the City’s website, which saves to a secure database,
or by calling the City’s Case Managers during business hours or leaving a voice message
after hours. The existing review, validation, and investigation process would remain
unchanged, except the formal designation of both the Deputy City Manager and the
Human Resources and Risk Manager as Case Managers to ensure dual review and
provide redundancy, in case of a conflict of interest. Each report will be immediately
delivered to the Case Managers’ email inboxes, eliminating the need to login to a separate
third-party database. Transitioning from Navex to an in-house system will also result in
annual savings of approximately $12,000, with a cost increase scheduled to begin in
2026.
Staff recommends phasing out the Navex service by December 31, 2025 . In addition,
staff recommends adopting amended City Council Policy No. 50 (Attachment B) to
formalize the new in-house reporting structure and implement it by January 1, 2026. The
amended City Council Policy No. 50 is attached to this report for City Council approval to
ensure alignment between practice and adopted Council policy. The proposed
amendments to City Council Policy No. 50 are shown in track changes with deleted text
shown in strikethrough and added text shown as underlined (Attachment A).
CONCLUSION:
Staff recommend the City Council adopt Amended Council Policy No. 50 (Attachment B)
and implement an in-house, confidential reporting system to receive any reports regarding
fraud, waste, and abuse among one or more City employees, contractors, volunteers or
Committee/Commission members, effective January 1, 2026. Furthermore, Staff
recommends cancelling the City’s contract with Navex, effective December 31, 2025.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not adopt Amended Council Policy No. 50 and continue providing reporting
services with Navex indefinitely or for a pre-determined term.
2. Maintain third-party model but solicit alternative vendor(s).
3. Take no further action and/or direct staff accordingly.
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CITY COUNCIL POLICY
(DRAFT – REDLINED VERSION)
NUMBER: 50
DATE ADOPTED: 11/4/2014
DATE AMENDED: 9/6/2016, 11/4/2025 (proposed)
SUBJECT: Anonymous Fraud, Waste, and Abuse Hotline Reporting System
INTRODUCTION
The City of Rancho Palos Verdes ("City") is committed to protecting City residents, City
employees, and public assets entrusted to the City. Accordingly, it is the policy of the City
to identify and promptly investigate incidents of fraud, waste, and abuse committed by
City employees, and to pursue appropriate remedies available under the law.
The City recognizes that confidential reporting can be an important and effective way to
discover fraud, waste, and abuse. Consequently, the City has established a Fraud, Waste,
and Abuse Hotline Reporting System ("Hotline Reporting System "), which allows
members of the public, City employees, and elected and appointed City officials to
confidentially report incidents of fraud, waste, and abuse within the City.
WHAT SHOULD BE REPORTED ON THE HOTLINE REPORTING SYSTEM
The Hotline Reporting System is only designed to address a specific, limited set of issues.
A person considering making a report using the Hotline should first ask the following
questions:
1. Who is the Report About?
The Hotline Reporting System should only be used to make reports about City
employees, City volunteers, members of City commissions and committees, and City
contractors. It should not be used to make reports about members of City Council or City
residents who don't work for or with the City.
2. Is the Report about Fraud, Waste, and Abuse?
The Hotline Reporting System should only be used to make reports about fraud,
waste, and abuse, as defined in this Policy. Other issues should be reported somewhere
else. Government Code§ 53087.6(f)(2) defines "fraud, waste, and abuse" as:
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• any activity by a local agency or employee that is undertaken in the performance
of the employee's official duties, including activities deemed to be outside the
scope of his or her employment, that is
• in violation of any local, state, or federal law or regulation relating to corruption,
malfeasance, bribery, theft of government property, fraudulent claims, fraud,
coercion, conversion, malicious prosecution, misuse of government property, or
willful omission to perform duty,
• is economically wasteful, or
• involves gross misconduct.
Under this definition, the following actions would be appropriate subjects for a Hotline
Reporting System report, although this list is not meant to be exclusive:
• Corruption
• Bribery
• Kickbacks
• Theft of Government Property
• False Claims for Payment
• Forging Financial Documents
• Misuse of Government Property
• Use of Coercion, Threats, or Position of Authority for Personal Gain
• Willful Failure to Perform Duties
• Deceptive Accounting Practices
• Other Kinds of Misconduct Involving Government Finances or Assets
• Other Activities that Waste or Mismanage Government Assets
HOW TO REPORT OTHER ISSUES
The fact that something is not an appropriate issue for the Hotline does not mean that it
should not be reported. There are many other ways to report important issues:
1. Crimes
Criminal activity should be reported to law enforcement by dialing 9 -1-1. If the crime
is committed by a City employee and involves fraud, waste, or abuse, as defined
above, then it can also be reported to the Hotline Reporting System. However, the
Hotline Reporting System should not be used as a substitute for calling the police.
2. Members of the City Council
The Hotline Reporting System will not accept reports about members of the City
Council; instead, such reports should be directed to another appropriate public
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agency. This will ensure that any investigation into the conduct of a member of City
Council remains objective. Moreover, this policy recognizes the fact that the City is
very limited in its ability to discipline members of the City Council and that,
consequently, any necessary disciplinary actions would be best left to outside
agencies with express powers to take such actions.
Instead of using the Reporting System Hotline, reports about fraud, waste, and abuse
by members of City Council should be directed to law enforcement and/or the Los
Angeles District Attorney (for criminal behavior) or to the California Fair Political
Practices Committee, or FPPC (for issues involving elections, conflicts of interest, and
government ethics).
The Los Angeles District Attorney can be contacted by calling (213) 974 -3512. The
FPPC can be contracted by calling (916) 322-5660, and complaints may be filed online
at https://www.fppc.ca.gov/enforcement/electronic-complaint-system.html
3. Personnel Issues
Personnel issues such as discrimination, sexual harassment, substance abuse, and
workplace violence and threats are not included within the definition of fraud, waste,
and abuse, and should not be reported to the Reporting System Hotline. Instead,
these issues should be reported directly to department heads, the City Manager,
Deputy City Manager, or the Human Resources and Risk Manager.
4. Service and "Fix-It" Requests
The City currently has a "Non-Emergency Customer Service Requests" portal on its
website, which is designed to help City residents access City services. Service
requests are routed to the City Manager or an appropriate department for further
action. The following issues can be addressed by making a service request:
• Public works assistance, including downed tree branches, flooding, and potholes;
• Public record requests; and
• Trash and graffiti reporting.
PROCEDURES: REPORT, INVESTIGATION, OUTCOME
The City has retained an independent Service Provider to will receive Hotline reports.
Reports can be made either by calling the Human Resources and Risk Manager or the
Deputy City Manager Service Provider or by filing a written report through an encrypted
webform portal on the City's website. Both options are available twenty-four hours a day,
seven days a week. Reporters are not required to give their name, and even if they do
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give their name, the City is required to maintain the reporter's confidentiality to the extent
required by law, as described below.
Once a report is made, the Service Provider report will immediately be forwarded the
report to the Case Manager and the City Manager. The Case Manager will then determine
whether the report is appropriate for the HotlineReporting System: specifically, whether
the report is about a City employee, and whether the report is about fraud, waste, or
abuse, as defined in this Policy. If the report is not appropriate for the Hotline Reporting
System, the Case Manager will close the case and either determine that (a) the City
should take no action at all on the report, (b) the report should be forwarded to another
public agency, or (c) the report should be forwarded to a specific City department for
further action.
If the Report is appropriate for the Hotline Reporting System, the Case Manager will
forward the Report to the City Attorney and City Manager. The City Attorney will then
determine the proper method for investigating the report, which may either involve an in -
house investigation, conducted by the City Attorney and/or the City Manager, or an
investigation conducted by a third-party, such as a law firm, financial auditor, or private
investigator. The method of investigation should be selected based on considerations of
efficiency, cost-effectiveness, the ability of the investigator(s) to maintain objectivity, and
the fit between the expertise of the investigator(s) and the subject matter of the Hotline
report.
If an investigated report is found to lack merit, it will be closed, and no further action will
be taken on the matter except that, if possible, the reporter will be informed of the outcome
of the investigation, and, in the discretion of the City Council, the public may be informed
that the Report was found to lack merit.
If the Report is confirmed, the City Council will be informed immediately and the City will
take appropriate punitive and remedial actions.
CASE MANAGER
The Case Manager will be the Deputy City Manager and Human Resources and Risk
Manager, unless the Human Resources Manager is the subject of the report, in which
case the Deputy City Manager will be the Case Manager and vice versa.
The Case Manager and/or City Attorney and/or City Manager shall determine whether
certain Reports warrant immediate action and, if so, shall take such action, including
providing the Report to any appropriate law enforcement and/or government agencies.
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AUDIT COMMITTEE
The City Council has established an Audit Committee in accordance with City Council
Policy Number 44. The Audit Committee is responsible for ensuring this Policy is properly
implemented and that procedures exist and are being followed for the receipt, rete ntion,
investigation, and appropriate resolution of Hotline Reporting System reports. The Audit
Committee shall meet at least annually to monitor the use of the Hotline Reporting System
and the resolution of Hotline reports, but may meet more frequently if desired. The City
Manager, or his or her designee, shall keep the Audit Committee informed about the
Hotline Reporting System by providing Committee members with a Case Report following
the resolution of each Hotline report and a Quarterly Report updating the Committee on
all Hotline Reporting System activities.
Each Case Report shall include the subject matter of the Hotline report; whether or not
the Hotline report was investigated and, if so, how; the cost of the investigation, if any;
and the results of the investigation, if any. The Quarterly Report shall include a brief
summary of each Hotline report and its resolution, the total cost of all investigations during
the past quarter, and an analysis of any issues or concerns that have arisen during the
past quarter as well as suggested resolutions to those issues and concerns.
CONFIDENTIALITY
Information received in Hotline reports must be kept confidential to the extent required by
Section 53087.6 of the California Government Code. The following policies are intended
to help the City comply with these confidentiality requirements:
1. Only the Case Manager and the City Manager shall receive the report from the
Service Provider Reporting System. If the Case Manager or City Manager is the
subject of the report, he or she shall be barred from making any decisions
concerning the investigation or resolution of the report and shall hold the content
of the report in strict confidence, except that he or she may discuss the report with
appropriate legal counsel. If the City Manager is the subject of the Hotline report,
the Assistant Deputy City Manager will assume the City Manager's role in the
investigation and resolution of the report.
2. The Case Manager, City Manager, and City Attorney shall not discuss the content
of the Hotline report with, or transmit the content of the report to, anyone else,
including members of City Council, until they have decided whether and how the
report will be investigated. "Content" includes the identity of the person who made
the report, and the parties identified in the report.
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3. If the Hotline report concerns activities that took place in a jurisdiction other than
the City, the Case Manager, City Attorney, or City Manager shall forward the report
to the appropriate person(s) in that jurisdiction, and shall take reasonable steps to
ensure that the report remains confidential.
4. During the investigation of a Hotline report, neither the Case Manager, the City
Manager, nor the City Attorney may disclose the identity of the person who made
the report, if known, to anyone else without the written consent of the person who
made the report, unless the disclosure is to a law enforcement agency that is
conducting a criminal investigation.
5. Information about ongoing investigations shall be kept confidential. During an
ongoing investigation, individuals other than the Case Manager, City Manager, and
City Attorney may be informed about the content of the report only to the extent
required to carry out an effective investigation. Any individual who is informed
about the content of a Hotline report for these purposes shall be informed that the
information they receive is to be kept strictly confidential.
6. When an investigation is completed, the City may issue an investigation report if
(a) the allegations are substantiated or (b) some or all of the findings of the
investigation are deemed necessary to serve the interests of the public. However,
the investigation report shall not include the identity of the person who made the
Hotline report (unless he or she has given written permission) and shall not include
the identity of the City employees who were accused of engaging in misconduct.
7. Notwithstanding the above, the Case Manager and/or City Manager may provide
a copy of the investigation report, including the names of the employees who were
found to have engaged in misconduct, to a department head, Human Resources
and Risk Manager, or other authority for disciplinary purposes. However, this
version of the investigation report shall not be released to the public.
RESPONSIBILITIES OF CITY EMPLOYEES AND ELECTED OFFICIALS
City employees and elected officials shall:
1. Be alert to any activities by City employees that may constitute fraud, waste, or
abuse.
2. Report incidents of fraud, waste, and abuse either through the Hotline Reporting
System or through other appropriate channels.
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3. Fully cooperate in any investigation of fraud, waste, and abuse, including providing
unrestricted access to records when necessary.
4. Fully comply with all confidentiality requirements included in the Policy.
ACCESS TO THE HOTLINE REPORTING SYSTEM
The phone number for the Hotline Reporting System and the website URL address for
the Hotline shall be prominently displayed on the City's website.
MEDIA
Reporting System reports, or investigations thereof, shall not be discussed with the media
or any member of the public other than through the Mayor or City Manager in consultation
with the City Attorney.
ACTION
This Policy is effective on the date approved by the City Council.
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CITY COUNCIL POLICY
NUMBER: 50
DATE ADOPTED: 11/4/2014
DATE AMENDED: 9/6/2016, 11/4/2025 (proposed)
SUBJECT: Anonymous Fraud, Waste, and Abuse Reporting System
INTRODUCTION
The City of Rancho Palos Verdes ("City") is committed to protecting City residents, City
employees, and public assets entrusted to the City. Accordingly, it is the policy of the City
to identify and promptly investigate incidents of fraud, waste, and abuse committed by
City employees, and to pursue appropriate remedies available under the law.
The City recognizes that confidential reporting can be an important and effective way to
discover fraud, waste, and abuse. Consequently, the City has established a Fraud, Waste,
and Abuse Reporting System ("Reporting System "), which allows members of the public,
City employees, and elected and appointed City officials to confidentially report incidents
of fraud, waste, and abuse within the City.
WHAT SHOULD BE REPORTED ON THE REPORTING SYSTEM
The Reporting System is only designed to address a specific, limited set of issues. A
person considering making a report using the Hotline should first ask the following
questions:
1. Who is the Report About?
The Reporting System should only be used to make reports about City employees,
City volunteers, members of City commissions and committees, and City contractors. It
should not be used to make reports about members of City Council or City residents who
don't work for or with the City.
2. Is the Report about Fraud, Waste, and Abuse?
The Reporting System should only be used to make reports about fraud, waste,
and abuse, as defined in this Policy. Other issues should be reported somewhere else.
Government Code§ 53087.6(f)(2) defines "fraud, waste, and abuse" as:
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• any activity by a local agency or employee that is undertaken in the performance
of the employee's official duties, including activities deemed to be outside the
scope of his or her employment, that is
• in violation of any local, state, or federal law or regulation relating to corruption,
malfeasance, bribery, theft of government property, fraudulent claims, fraud,
coercion, conversion, malicious prosecution, misuse of government property, or
willful omission to perform duty,
• is economically wasteful, or
• involves gross misconduct.
Under this definition, the following actions would be appropriate subjects for a Reporting
System report, although this list is not meant to be exclusive:
• Corruption
• Bribery
• Kickbacks
• Theft of Government Property
• False Claims for Payment
• Forging Financial Documents
• Misuse of Government Property
• Use of Coercion, Threats, or Position of Authority for Personal Gain
• Willful Failure to Perform Duties
• Deceptive Accounting Practices
• Other Kinds of Misconduct Involving Government Finances or Assets
• Other Activities that Waste or Mismanage Government Assets
HOW TO REPORT OTHER ISSUES
The fact that something is not an appropriate issue for the Hotline does not mean that it
should not be reported. There are many other ways to report important issues:
1. Crimes
Criminal activity should be reported to law enforcement by dialing 9 -1-1. If the crime
is committed by a City employee and involves fraud, waste, or abuse, as defined
above, then it can also be reported to the Reporting System. However, the Reporting
System should not be used as a substitute for calling the police.
2. Members of the City Council
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The Reporting System will not accept reports about members of the City Council;
instead, such reports should be directed to another appropriate public agency. This
will ensure that any investigation into the conduct of a member of City Council remains
objective. Moreover, this policy recognizes the fact that the City is very limited in its
ability to discipline members of the City Council and that, consequently, any necessary
disciplinary actions would be best left to outside agencies with express powers to take
such actions.
Instead of using the Reporting System, reports about fraud, waste, and abuse by
members of City Council should be directed to law enforcement and/or the Los
Angeles District Attorney (for criminal behavior) or to the California Fair Political
Practices Committee, or FPPC (for issues involving elections, conflicts of interest, and
government ethics).
The Los Angeles District Attorney can be contacted by calling (213) 974 -3512. The
FPPC can be contracted by calling (916) 322-5660, and complaints may be filed online
at https://www.fppc.ca.gov/enforcement/electronic-complaint-system.html
3. Personnel Issues
Personnel issues such as discrimination, sexual harassment, substance abuse, and
workplace violence and threats are not included within the definition of fraud, waste,
and abuse, and should not be reported to the Reporting System. Instead, these issues
should be reported directly to department heads, the City Manager, Deputy City
Manager, or the Human Resources and Risk Manager.
4. Service and "Fix-It" Requests
The City currently has a "Non-Emergency Customer Service Requests" portal on its
website, which is designed to help City residents access City services. Service
requests are routed to the City Manager or an appropriate department for further
action. The following issues can be addressed by making a service request:
• Public works assistance, including downed tree branches, flooding, and potholes;
• Public record requests; and
• Trash and graffiti reporting.
PROCEDURES: REPORT, INVESTIGATION, OUTCOME
The City will receive Hotline reports. Reports can be made either by calling the Human
Resources and Risk Manager or the Deputy City Manager or by filing a written report
through an encrypted webform on the City's website. Reporters are not required to give
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their name, and even if they do give their name, the City is required to maintain the
reporter's confidentiality to the extent required by law, as described below.
Once a report is made, the report will immediately be forwarded to the Case Manager
and the City Manager. The Case Manager will then determine whether the report is
appropriate for the Reporting System: specifically, whether the report is about a City
employee, and whether the report is about fraud, waste, or abuse, as defined in this
Policy. If the report is not appropriate for the Reporting System, the Case Manager will
close the case and either determine that (a) the City should take no action at all on the
report, (b) the report should be forwarded to another public agency, or (c) the report
should be forwarded to a specific City department for further action.
If the Report is appropriate for the Reporting System, the Case Manager will forward the
Report to the City Attorney and City Manager. The City Attorney will then determine the
proper method for investigating the report, which may either involve an in -house
investigation, conducted by the City Attorney and/or the City Manager, or an investigation
conducted by a third-party, such as a law firm, financial auditor, or private investigator.
The method of investigation should be selected based on considerations of efficiency,
cost-effectiveness, the ability of the investigator(s) to maintain objectivity, and the fit
between the expertise of the investigator(s) and the subject matter of the report.
If an investigated report is found to lack merit, it will be closed, and no further action will
be taken on the matter except that, if possible, the reporter will be informed of the outcome
of the investigation, and, in the discretion of the City Council, the public may be informed
that the Report was found to lack merit.
If the Report is confirmed, the City Council will be informed immediately and the City will
take appropriate punitive and remedial actions.
CASE MANAGER
The Case Manager will be the Deputy City Manager and Human Resources and Risk
Manager, unless the Human Resources Manager is the subject of the report, in which
case the Deputy City Manager will be the Case Manager and vice versa.
The Case Manager and/or City Attorney and/or City Manager shall determine whether
certain Reports warrant immediate action and, if so, shall take such action, including
providing the Report to any appropriate law enforcement and/or government agencies.
AUDIT COMMITTEE
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The City Council has established an Audit Committee in accordance with City Council
Policy Number 44. The Audit Committee is responsible for ensuring this Policy is properly
implemented and that procedures exist and are being followed for the receipt, rete ntion,
investigation, and appropriate resolution of Reporting System reports. The Audit
Committee shall meet at least annually to monitor the use of the Reporting System and
the resolution of reports but may meet more frequently if desired. The City Manage r, or
his or her designee, shall keep the Audit Committee informed about the Reporting System
by providing Committee members with a Case Report following the resolution of each
report and a Quarterly Report updating the Committee on all Reporting System activities.
Each Case Report shall include the subject matter of the report; whether the report was
investigated and, if so, how; the cost of the investigation, if any; and the results of the
investigation, if any. The Quarterly Report shall include a brief summary of each report
and its resolution, the total cost of all investigations du ring the past quarter, and an
analysis of any issues or concerns that have arisen during the past quarter as well as
suggested resolutions to those issues and concerns.
CONFIDENTIALITY
Information received in reports must be kept confidential to the extent required by Section
53087.6 of the California Government Code. The following policies are intended to help
the City comply with these confidentiality requirements:
1. Only the Case Manager and the City Manager shall receive the report from the
Reporting System. If the Case Manager or City Manager is the subject of the
report, he or she shall be barred from making any decisions concerning the
investigation or resolution of the report and shall hold the content of the report in
strict confidence, except that he or she may discuss the report with appropriate
legal counsel. If the City Manager is the subject of the report, the Deputy City
Manager will assume the City Manager's role in the investigation and resolution of
the report.
2. The Case Manager, City Manager, and City Attorney shall not discuss the content
of the report with, or transmit the content of the report to, anyone else, including
members of City Council, until they have decided whether and how the report will
be investigated. "Content" includes the identity of the person who made the report,
and the parties identified in the report.
3. If the report concerns activities that took place in a jurisdiction other than the City,
the Case Manager, City Attorney, or City Manager shall forward the report to the
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appropriate person(s) in that jurisdiction, and shall take reasonable steps to ensure
that the report remains confidential.
4. During the investigation of a report, neither the Case Manager, the City Manager,
nor the City Attorney may disclose the identity of the person who made the report,
if known, to anyone else without the written consent of the person who made the
report, unless the disclosure is to a law enforcement agency that is conducting a
criminal investigation.
5. Information about ongoing investigations shall be kept confidential. During an
ongoing investigation, individuals other than the Case Manager, City Manager, and
City Attorney may be informed about the content of the report only to the extent
required to carry out an effective investigation. Any individual who is informed
about the content of a report for these purposes shall be informed that the
information they receive is to be kept strictly confidential.
6. When an investigation is completed, the City may issue an investigation report if
(a) the allegations are substantiated or (b) some or all of the findings of the
investigation are deemed necessary to serve the interests of the public. However,
the investigation report shall not include the identity of the person who made the
report (unless he or she has given written permission) and shall not i nclude the
identity of the City employees who were accused of engaging in misconduct.
7. Notwithstanding the above, the Case Manager and/or City Manager may provide
a copy of the investigation report, including the names of the employees who were
found to have engaged in misconduct, to a department head, Human Resources
and Risk Manager, or other authority for disciplinary purposes. However, this
version of the investigation report shall not be released to the public.
RESPONSIBILITIES OF CITY EMPLOYEES AND ELECTED OFFICIALS
City employees and elected officials shall:
1. Be alert to any activities by City employees that may constitute fraud, waste, or
abuse.
2. Report incidents of fraud, waste, and abuse either through the Reporting System
or through other appropriate channels.
3. Fully cooperate in any investigation of fraud, waste, and abuse, including providing
unrestricted access to records when necessary.
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4. Fully comply with all confidentiality requirements included in the Policy.
ACCESS TO THE REPORTING SYSTEM
The phone number for the Reporting System and the website URL address for the Hotline
shall be prominently displayed on the City's website.
MEDIA
Reporting System reports, or investigations thereof, shall not be discussed with the media
or any member of the public other than through the Mayor or City Manager in consultation
with the City Attorney.
ACTION
This Policy is effective on the date approved by the City Council.
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