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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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County Counsel
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DATE:
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August 21, 2006
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BOARD MEETING DATE:
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September 19, 2006
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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Thomas F. Casey III, County Counsel
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SUBJECT:
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Amendments to Investigation Process of Improper Governmental Activity
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RECOMMENDATION:
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Adopt An Ordinance Amending Section 2.13.080 Of Title 2 Of The San Mateo County Ordinance Code Regarding Investigating Reports Of Improper Governmental Activity.
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VISION ALIGNMENT:
Commitment: Responsive, effective and collaborative government.
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Goal(s): Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.
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BACKGROUND:
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In July 2004, the Board adopted an ordinance setting forth the process for reporting improper governmental activity. Five complaints have been received and investigated since that date. In light of issues raised by the investigation of those complaints, minor amendments to the ordinance are being proposed.
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DISCUSSION:
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The current ordinance provides that throughout the investigative process, all involved parties are to treat the complaint and related information, including information gathered and prepared in the course of the investigation of the complaint, as confidential. There are, however, circumstances when the subject of the complaint should get a copy of the complaint. The proposed amendment for your consideration provides that the subject of the complainant receive a copy of the complaint, unless it is determined that it would hamper the investigation. It also authorizes the President of the Board to allow the release of a summary of the investigation to the complainant as well as the subject of the complaint, if deemed appropriate.
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The current ordinance provides that the President of the Board may direct the County Counsel to plan and conduct the investigation of these matters. The amendment provides that if the County Counsel’s office is the focus of the investigation, the matter can be referred to the County Manager’s office to plan and conduct an investigation regarding those allegations.
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In addition to the proposed amendments, we recommend that on both the Board of Supervisors intranet and internet web sites that there be information on the opportunity and process for filing a Report Of Improper Governmental Activity as well as a downloadable report form.
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FISCAL IMPACT:
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None.
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