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Ch. Art. Div. <br />2 7 35 19 <br /> <br />San Diego Municipal Code Chapter 2: Government <br />(4-2019) <br /> <br /> <br /> <br />§27.3573 Protection of Employees Against Retaliation for Reporting Violations <br />(a) It is unlawful for any City Official to use or threaten to use any official <br />authority or influence to discourage, restrain, or interfere with any other <br />person for the purpose of preventing such person from acting in good faith to <br />report or otherwise bring to the attention of the Ethics Commission or other <br />appropriate agency, office, or department any information which, if true, <br />would constitute: <br />(1) a work-related violation by a City Official of any law or regulation; or <br />(2) a gross waste of City funds; or <br />(3) a gross abuse of authority; or <br />(4) a conflict of interest of a City Official; or <br /> <br />(5) a specific and substantial danger to public health or safety due to an <br />act or omission of a City Official, use of a City office or position, or <br />use of City resources for personal gain. <br />(b) It is unlawful for any City Official to use or threaten to use any official <br />authority or influence to effect any action as a reprisal against a City Official <br />who reports or otherwise brings to the attention of the Ethics Commission or <br />other appropriate agency, office, or department any information regarding the <br />subjects described in subsection (a). <br /> <br />(c) Any person who believes that he or she has been subjected to any action <br />prohibited by this section may file a complaint with the Ethics Commission. <br />The Ethics Commission shall thereupon investigate the complaint in <br />accordance with the provisions of Chapter 2, Article 6, Division 4, of this <br />Municipal Code. Upon the conclusion of its investigation, the Ethics <br />Commission may take appropriate action as allowed under its enforcement <br />authority. <br />(d) In the event the Ethics Commission determines that it has a conflict of interest <br />in an investigation of a retaliation complaint, the Ethics Commission staff <br />shall refer the investigation of the retaliation complaint to the City Attorney <br />who shall take appropriate action as otherwise provided by law. <br />(“Protection of Employees Against Retaliation for Reporting Violations” added <br />4-29-2002 by O-19055 N.S.) <br /> <br /> <br />