Loading...
92-57 POLICIES FOR REPORTING IMPROPER GOVERNMENTAL ACTIONSRESOLUTION NO. q2- 5' 7 A RESOLUTION of the City of Bainbridge Island, Washington, establishing policies and procedures to encourage employees to report improper governmental action and to protect employees who have reported improper governmental action in accordance with the City's policies and procedures. WHEREAS, the Legislature in its 1992 session adopted Substitute Senate Bill 6321, known as the "Whistleblower Protection Act," requiring local governments to adopt policies and procedures to encourage employees to report improper governmental action and to protect employees who report improper governmental action; and WHEREAS, the public interest is served by adopting such policies and procedures; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. Policy Statement. It is the policy of the City (1) to encourage reporting by its employees of improper governmental action taken by City officers or employees and (2) to protect City employees who have reported improper governmental actions in accordance with the City's policies and procedures. Section 2. Definitions. As used in this policy, the tollowing terms shall have the meanings indicated: 1. "hnproper governmental action" means any action by a City officer or employee: Undertaken in the pertbrmance of the officer's or employee's official duties, whether or not the action is within the scope of the officer's or employee's employment; and (1) in violation of any federal, state, or law or rule; (2) an abuse of authority; (3) of substantial and specific danger to the public health or safety; or (4) a gross waste of public funds. "hnproper governmental action" does not include personnel actions, including employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of collective bargaining or civil service laws, alleged violations of labor agreements or reprimands. F:\DMS\RPK\0018985.01 10/28/92 - 1 - "Retaliatory action" means any adverse change in the terms and conditions of a City employee's employment. "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property. Section 3. Procedures for Reporting. Employees who become aware of improper governmental actions should raise the issue first with their supervisor. If requested by the supervisor, the employee shall submit a written report to the supervisor, or to some person designated by the supervisor, stating in detail the basis for the employee's belief that an improper governmental action has occurred. Where the employee reasonably believes the improper governmental action involves the employee's supervisor, the employee may raise the issue directly with the City Administrator or such other person as may be designated by the City Administrator to receive reports of improper governmental action. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may report the improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action. The supervisor, the City Administrator or the City Administrator's designee, as the case may be, shall take prompt action to assist the City in properly investigating the report of improper governmental action. Officers and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under law, unless the employee authorizes the disclosure of the employee's identity in writing. After an investigation has been completed, the employee reporting the improper governmental action shall be advised of a summary of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. Employees may report information about i~nproper governmental action directly to the appropriate government agency with responsibility for investigating the improper action if the employee reasonably believes that (1) an adequate investigation was not undertaken by the City to determine whether an improper governmental action occurred, (2) insufficient action has been taken by the City to address the improper governmental action, or (3) for other reasons the improper governmental action is likely to recur. Employees who fail to make a good-faith attempt to follow the City's procedures in reporting improper governmental action shall not receive the protection provided by the City in these procedures. Section 4. Protection Against Retaliatory Actions. Officials and employees are prohibited from taking retaliatory action against an employee because the employee has in good faith reported an improper governmental action in accordance with these policies and procedures. Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the City Administrator or the City F:\DMS\RPK\0018985.01 10/28/92 - 2 - Administrator's designee. Officials and supervisors shall take appropriate action to investigate and address complaints of retaliation. If the employee's supervisor, the City Administrator, or the City Administrator's designee, as the case may be, does not satisfactorily resolve an employee's complaint that the employee has been retaliated against in violation of this policy, the employee may obtain protection under this policy and pursuant to state law by providing a written notice to the City Council that specifies the alleged retaliatory action and specifies the relief requested. Employees shall provide a copy of their written charge to the City Administrator no later than 30 days after the occurrence of the alleged retaliatory action. The City shall respond within 30 days to the charge of retaliatory action. After receiving either the response of the City or 30 days after the delivery of the charge to the City, the employee may request a hearing before a state administrative law judge to establish that a retaliatory action occurred and to obtain appropriate relief provided by law. An employee seeking a hearing should deliver the request for hearing to the City Administrator within the earlier of either 15 days of delivery of the City response to the charge of retaliatory action, or 45 days of delivery of the charge of retaliation to the City for response. Upon receipt of the request for hearing, the City shall apply within 5 working days to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge: Office of Administrative Hearings P.O. Box 42488, 4224 Sixth S.E. Rowe Six, Bldg. 1 Lacey, WA 98504-2488 (206) 459-6353 The City will consider any recommendation provided by the administrative law judge that the retaliator be suspended with or without pay, or dismissed. Section 5. Responsibilities. The City Administrator is responsible for implementing the City policies and procedures for reporting improper governmental action and for protecting employees against retaliatory actions. This includes ensuring that this policy and these procedures (1) are permanently posted where employees will have reasonable access to them, (2) are made available to any employee upon request and (3) are provided to all newly-hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. Section 6. List of Agencies. Following is a list of agencies responsible for enforcing federal, state and local laws and investigating other issues involving improper governmental action. Employees having questions about these agencies or the procedures for reporting improper governmental action are encouraged to contact the City Administrator. F:\DMS\RPK\0018985.01 10/28/92 - 3 - KITSAP COUNTY Kitsap County Conunissioner's Office (General Complaints) Kitsap County Courthouse Port Orchard, WA (800) 872-4503, ext. 7416 Kitsap County Envirmm~ental Health (800) 872-4503 Kitsap County Department of Conununity Development (800) 872-4503 Kitsap County Prosecuting Attorney Kitsap County Courthouse Port Orchard, WA (800) 876-7174 Puget Sound Air Pollution Agency (206) 296-7330 STATE OF WASHINGTON Attorney Genera!'s Office Fair Practices Division 2000 Bank of California Center 900 Fourth Avenue Seattle, WA (206) 464-6684 State Auditor's Office Legislative Building P.O. Box 40021 Olympia, WA 98504-0021 (206) 753-5280 State Department of Ecology 3190 160th S.E. Bellevue, WA 98008-5852 (206) 649-7000 Human Rights Commission 402 Evergreen Plaza Bldg., FJ-41 711 South Capitol Way Olympia, WA 98504-2490 State Department of Health Health Consumer Assistance P.O. Box 4789 Olympia, WA 98504-7891 800-525-0127 Department of Labor & Industries 300 West Harrison, Room 201 Seattle, WA (206) 281-5400 State Liquor Control Board Enforcement Office 2101 Sixth Avenue Seattle, WA (206) 464-6094 Department of Natural Resources P. 0. Box 68 Enumclaw, WA 98022 (206) 825-1631 Puget Sound Water Quality Authority P. 0. Box 40900 Olympia, WA 98504 (206) 493-9300 Department of Social and Health Services Special Investigation Office 5200 Southcenter Blvd., Suite 23 Tukwila, WA (206) 764-4048 Fraud Complaints 800-562-6025 UNITED STATES Department of Agriculture Office of Inspector General 915 Second Avenue Seattle, WA Supervisor Auditor (206) 553-8290 F:\DMS\RPK\0018985.01 10/29/92 - 4 - Supervisor Special Agent Investigation (206) 553-8286 Alcohol Tobacco & Firearms Criminal Enforcement 915 Second Avenue Seattle, WA (206) 553-4485 U. S. Attorney 800 Fifth Avenue Seattle, WA (206) 553-7970 Department of Commerce Office of Inspector General Office of Audits 915 Second Avenue Seattle, WA (206) 553-0801 Government Accounting Office Fraud Hot Line 800-424-5454 Consumer Product Safety Commission Hot line 800-638-2772 U.S. Customs Service Office of Enforcement 909 First Avenue Seattle, WA (206) 553-7531 1200 Sixth Avenue Seattle, WA (206) 553-8306 Equal Employment Opportunity Commission 2815 Second, Suite 500 Seattle, WA (206) 553-0968 Federal Emergency Management Agency 130 2281h Street S.W. Bothell, WA (206) 487-4600 Federal Trade Commission 915 Second Avenue Seattle, WA (206) 553-4656 General Services Administration 915 Second Avenue Seattle, WA Office of Inspector General Audits Investigations (206) 931-7650 (206) 931-7654 Law Enforcement (206) 553-0290 U.S. Department of Education Office of Inspector General 915 Second Avenue Seattle, WA Audits Investigations (206) 553-0657 (206) 553-1482 Environmental Protection Agency Cal Investigations F:\DMS\RPK\0018985.01 10/28/92 - 5 - Department of Health & Human Services Food & Drug Administration 22201 23rd Drive S.E. Bothell, WA Department of Labor Occupational Safety & Health (OSHA) 1111 Third Avenue, Suite 715 Seattle, WA 98101-3212 (206) 553-5930 Trade Complaints (206) 483-4949 Office of the Regional Secretary General Counsel' s Office, Inspector General Audits Investigations (206) 553-0452 (206) 553-0229 Department of Housing and Urban Development Office of Counsel 1321 Second Avenue Seattle, WA 553-4976 Office of Inspector General Audits Investigations (206) 553-0270 (206) 553-0272 Interstate Conm~erce Commission 915 Second Avenue, Room 1894 Seattle, WA 98174 (206) 553-5421 Department of Interior U.S. Fish & Wildlife Services Division of Law Enforcement 121 107th N.E. Bellevue, WA (206) 553-5543 Office of Inspector General Audits 1111 Third Avenue, Suite 780 Seattle, WA 98101-3212 (206) 553-4880 Investigations 1111 Third Avenue, Suite 785 Seattle, WA 98101-3212 Office of Womens Bureau 1111 Third Avenue, Suite 885 Seattle, WA 98101-3212 Mine Safety & Health Administration 117 107th N.E. Bellevue, WA (206) 553-7037 National Transportation Safety Board 195 18 Pacific Highway South Seattle, WA (206) 764-3782 Nuclear Regulatory Co~nmission 5 10-975-0200 Securities and Exchange Commission 915 Second Avenue Seattle, WA 98174 (206) 553-7990 Department of Jnstice Drug Enforcement Administration 220 West Mercer, Suite 300 Seattle, WA (206) 553-5443 Department of Transportation Office of Inspector General 915 Second Avenue Seattle, WA 98178 (206) 553-5720 F:\DMS\RPK\0018985.01 10/28/92 - 6 - Department of Treasury Bureau of Alcohol, Tobacco & Firearms Law Enforcement Division 915 Second Avenue, Room 806 Seattle, WA 98174 Department of Veterans Affairs Office of Inspector General 915 Second Avenue Seattle, WA 98174 Fraud/Waste/Abuse Hot Line 800-488-8244 PASSED by the City Council this 17thday of December APPROVED by the City Administrator this 17th day of ,1992. December ,1992. ATTEST/AUTHENTICATE: Susan P. Kasper, City Clerk Sam J.~r ato, Mayor FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: C),,~_ ,.C ~ 12-17-92 12-17-92 F:\DMS\RPK\0018985.01 10/28/92 - 7 -