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a. The city manager shall establish, publicize and implement a workforce diversity program complaint resolution procedure. Such procedure shall be for use by any city employees and applicants for city employment who believe they are being discriminated against or are being harassed by the city in violation of state or federal equal employment opportunity law or regulations of the city workforce diversity program.

b. The complaint resolution procedure shall provide for fair, objective and independent review of any such complaints, by department supervisory and management personnel where appropriate. It shall provide for review of such complaints to be by persons other than the supervisor of the employee filing a complaint or the person or persons alleged to have engaged in the discrimination or harassment. The complaint procedure shall be confidential to the extent allowed by law.

c. Final review and decision-making authority as to each such complaint shall be with the city manager, except in any case where the complaint is regarding actions of the city manager.

d. The city manager may delegate any or all of his/her responsibility under the provisions of this section to the director of human resources and risk management or to a management level employee designated by the city manager, except if the complaint filed pertains to actions of the director of human resources and risk management or the city manager's such designate.

e. The procedure shall provide for an independent review of any complaint regarding alleged discrimination by the city manager, if such complaint is of any action other than the manager's response on a complaint filed under the workforce diversity program complaint resolution process.

f. A complaint filed under the provisions of this chapter shall be in lieu of having the complaint reviewed under the provisions of any other complaint resolution procedure established by the city. Nothing herein shall purport to restrict the complainant from proceeding from the manager's decision to any court of competent jurisdiction or other such forum. (Ord. M-3082 §2, 1993: Ord. M-2725 §2, 1987)