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4. The Contractors assigned to the rotational tow list may designate one person to <br />serve as a liaison to the Police Tow Committee. The liaison shall represent the <br />collective interests of the tow companies or provide insight into the professional <br />business practices of a towing company. The Contractors' designee is not a member <br />of the Committee and shall not be present, or participate, during any discussions or <br />actions related to the disciplinary process. <br />S. 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 the <br />Police Department, the Traffic Commander shall assign a supervisor from the Traffic <br />Division to investigate any allegations. A fair, impartial and comprehensive investigation <br />shall be conducted and the findings documented for review. To the extent required by <br />law, the Contractor shall cooperate fully in the investigation and provide any <br />documentation requested by the investigator to assist in making a finding. In addition, <br />the Contractor shall be given the opportunity, either orally or in writing, to respond to the <br />complaint at the point deemed appropriate by the investigator. The City expects that the <br />Contractor will demonstrate professional business practices and truth in reporting as it <br />relates to any records or information requested. <br />Minor infractions shall include, but not be limited to, situations such as poor customer <br />service, failure to comply with non-safety related terms of the agreement, or minor <br />equipment or facility deficiencies. Major infractions shall include, but not be limited to, <br />situations involving honesty, integrity, safety, security, gross overcharging of a customer <br />or a pattern of overcharging, failure to comply with the provisions of CVC § 22658 as it <br />relates to PPI's, criminal violations (moral turpitude, DUI, drug related offenses, theft, <br />etc.), or significant, repeated or flagrant violations of this agreement. <br />If it is determined that criminal charges are appropriate, the assigned investigator shall <br />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 of <br />Police may temporarily suspend the Contractor, or its agent individually, from the <br />rotation list until the investigation is completed and a proper disposition is reached. <br />The standard for sustaining a complaint against the Contractor or the Contractor's agent <br />shall be a preponderance of the evidence, regardless of the nature of the violation. Other <br />investigative findings may include unfounded (false or factually incorrect), exonerated <br />(action occurred but was lawful or within the terms of this agreement) or not sustained <br />(inconclusive due to insufficient evidence or independent witnesses). <br />All complaints shall be forwarded to the Traffic Commander for review and approval. <br />Once approved, the results of the investigation shall be sent to the Contractor and any <br />sustained complaints will be forwarded to the Police Tow Committee for review and <br />recommendation. <br />T. DISCIPLINARY ACTION <br />The Contractor agrees that failure by the Contractor, or its agent, to comply with the law <br />or terms and conditions of this agreement shall be cause for administrative disciplinary <br />action. However, nothing in this agreement shall preclude the City from taking