Chapter 1.02
POLICY FOR REPORTING IMPROPER GOVERNMENTAL ACTION
Sections:
1.02.020 Procedures for reporting.
1.02.030 Protection against retaliatory action.
1.02.050 Responsibility for false accusations.
1.02.010 Definitions.
As used in this policy, the following terms and conditions shall have the following designated meanings unless a different meaning is expressly provided herein.
“Improper governmental action” means any action by a local government officer or employee: (i) that is undertaken in the performance of the officer’s or employee’s official duties, whether or not the action is within the scope of the employee’s employment; and (ii) that is in violation of any federal, state, or local law or rule. is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds.
“Improper governmental action” does not include personal actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, re-assignments, reinstatements, restorations, re-employments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations, reprimands or any action that may be taken under RCW Chapter 41.08, 41.12, 41.14, 41.56, 41.59 or 53.18 or RCW 54.04.170 and 54.04.180.
“Retaliatory action” means:
(1) Any adverse change in a Chelan County employee’s employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotions, transfer, reassignment, reductions in pay, denial of promotions, suspensions, dismissals or any other disciplinary action; or
(2) Hostile actions by another employee towards a Chelan County government employee that were encouraged by a supervisor or senior manager or official.
“Emergency” means a circumstance that if not immediately changed may cause damage to persons or property.
“Legislative authority” is the board of Chelan County commissioners.
“Employee” means any individual employed or holding office in any department or office of Chelan County government.
“Board of Chelan County commissioners (BOCC) designee” means administrative coordinator, unless substituted.
All other words and phrases herein will have their commonly accepted meanings. (Res. 96-103 § A, 9/31/96).
1.02.020 Procedures for reporting.
Chelan County employees who become aware of improper governmental actions should raise the issue first with their supervisor. It is highly preferable that the employee submit a written report to 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 his or her supervisor, the employee may raise the issue directly with the next person above the supervisor in the chain of command or the BOCC’s designee, the administrative coordinator who is designated to receive reports of improper governmental action. Any supervisor in receipt of a report by an employee of improper governmental action shall promptly turn over the matter, including the employee’s written report, to the BOCC’s designee. The BOCC’s designee, the administrative coordinator shall take prompt action to properly investigate the improper governmental action. Chelan County officers and employees involved in the investigation shall keep the identity of the reporting employee confidential to the extent possible under law, unless the employee authorizes the disclosure of his or her 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.
Chelan County employees may also report information about improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action. However, except in the case of an emergency, before an employee reports improper governmental action to a person or an entity not listed in Exhibit A attached to the ordinance codified in this chapter, and by this reference incorporated herein, the employee shall submit a written report to either his or her supervisor, etc., or the BOCC’s designee, if not done previously.
An employee who fails to make a good faith attempt to follow this policy established herein shall not receive the protections of RCW Chapter 42.41 or this resolution.
This section does not authorize anyone to report information that is subject to an applicable privilege at law against disclosure (e.g., RCW 5.60.060 Privileged Communications,) unless waived, or to make disclosure where limited at law. The only purpose of this chapter is to protect and encourage employees who know or in good faith believe improper governmental action has occurred to report those actions in good faith and in accordance with this resolution. (Res. 96-103 § B, 9/31/96).
1.02.030 Protection against retaliatory action.
Chelan County officials and employees are prohibited from taking retaliatory action against a Chelan County employee because he or she has in good faith reported an improper governmental action in accordance with these policies and procedures.
An employee who believes that he or she has been retaliated against for reporting an improper governmental action shall provide a written notice to the Chelan County legislative authority (i.e., board of Chelan County commissioners) that:
(1) Specifies the alleged retaliatory action; and
(2) Specifies the relief requested.
Chelan County employees shall provide a copy of their written charge to the Chelan County legislative authority no later than thirty days after the occurrence of the alleged retaliatory action. Chelan County shall have thirty days from date of receipt to respond to the charge of retaliatory action and request for relief.
Upon receipt of either the response of Chelan County or after the last day upon which Chelan County could respond, the Chelan County employee may request a hearing to establish that a retaliatory action occurred and to obtain appropriate relief as defined in RCW Chapter 42.41. The request for a hearing shall be delivered to Chelan County within fifteen days of delivery of the response from the local government, or within fifteen days of the last day on which Chelan County could respond.
Upon receipt of a request for hearing, Chelan County shall apply within five working days to the state office of administrative hearings for adjudicative proceedings before an administrative law judge. Except as otherwise noted in RCW 42.41.040, the proceedings before the administrative law judge shall comply with RCW Chapter 34.05. Possible relief granted and other ramifications are contained in RCW Chapter 42.41.
Office of Administrative Hearings
P.O. Box 42488
4224 6th S.E.
Row 6, Building 1
Lacey, Washington 98504-2488
Phone: (206) 459-6353
Chelan County will consider any recommendation provided by the administrative law judge which may or may not include that the retaliator be suspended or dismissed. (Res. 96-103 § C, 9/31/96).
1.02.040 Responsibilities.
The Chelan County legislative authority are responsible for implementing Chelan County policies and procedures: (1) for reporting improper governmental action, and (2) for protecting employees against retaliatory actions. This includes insuring that this policy and these procedures: (1) are permanently posted where all 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 insuring the procedures are fully implemented within their areas of responsibility.
Violations of this policy may result in personal liability against the retaliator as set forth in RCW 42.41.040(8) and/or the imposition by the administrative law judge of the relief as set forth in RCW 42.41.040(7).
A list of agencies responsible for enforcing federal, state and local laws and investigating other issues involving improper governmental action is set forth in Exhibit A attached to the ordinance codified in this chapter, and by this reference made a part hereof as if fully set forth herein. (Res. 96-103 § D, 9/31/96).
1.02.050 Responsibility for false accusations.
Nothing herein shall be deemed nor construed to constitute any waiver or forfeit of any remedy at law or in equity accruing to Chelan County or any victim of a false accusation perpetrated by an employee shown to have falsely accused another of improper governmental action. (Res. 96-103 § E, 9/31/96).