Laserfiche WebLink
issue(s) is/are corrected. Fail Lie to correct in a reasonable timctine as outlined in this <br />Agreement may result in termination of the contract. <br />T. INVESTIGATION OF COMPLAINTS, LAWS, RULES, OR TERMS AND <br />CONDITIONS OF AGREEMENT <br />Whenever a Complaint or allegation is lodged against a Contractor or initiated by <br />the Police Department, the Traffic Commander shall assign a supervisor from the <br />Traffic Division to investigate any allegations. A fair, impartial and comprehensive <br />investigation shall be conducted and the findings documented for review. To the <br />extent required by law, the Contractor shall cooperate (ally in the investigation and <br />provide any documentation requested by the investigator to assist in making a <br />finding. In addition, the Contractor shall be given the opportunity, either orally or <br />in writing, to respond to the complaint at the point deemed appropriate by the <br />investigator. The City expects that the Contractor will demonstrate professional <br />business practices and truth in reporting as it relates to any records or information <br />requested. <br />Minor infractions shall include, but not be limited to, situations such as poor <br />customer service, failure to comply with non - safety related terms of the agreement, <br />or minor equipment or facility deficiencies. Major infractions shall include, but not <br />be limited to, situations involving honesty, integrity, safety, security, gross <br />overcharging of a customer or a pattern of overcharging, failure to comply with the <br />provisions of CVC § 22658 as it relates to PPI's, criminal violations (moral <br />turpitude, DUI, drug related offenses, theft, etc.), or significant, repeated or flagrant <br />violations of this agreement. <br />If it is determined that criminal charges are appropriate, the assigned investigator <br />shall document the incident on a crime report and present the case to the appropriate <br />prosecuting authority for review. <br />Based on the nature and seriousness of the misconduct being investigated, the Chief <br />of Police may temporarily suspend the Contractor, or its agent individually, from <br />the rotation list until the investigation is completed and a proper disposition is <br />reached. <br />The standard for sustaining a complaint against the Contractor or the Contractor's <br />agent shall be a preponderance of the evidence, regardless of the nature of the <br />violation. Other investigative findings may include unfounded (false or factually <br />incorrect), exonerated (action occurred but was lawful or within the terms of this <br />agreement) or not sustained (inconclusive due to insufficient evidence or <br />independent witnesses). <br />All complaints shalt be forwarded to the Traffic Commander for review, approval <br />and determination/recommendation of discipline if appropriate. <br />