Chapter 2.60
IMPROPER GOVERNMENTAL ACTION
Sections:
2.60.020 Policies and procedures.
2.60.030 Providing information to city of Forks employees.
2.60.010 Definition.
"Improper governmental action" means any action by a city of Forks officer or employee:
(1) 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
(2) 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 personnel actions including, but not limited to, employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, re-employments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the city of Forks collective bargaining and civil service laws, alleged labor agreement violations, reprimands, or any action that may be taken in Chapters 41.08, 41.12, 41.14, 41.56, 41.59, and 53.18 RCW (1992), as now or hereafter amended, and RCW 54.04.170 and 54.04.180 (1992), as now or hereafter amended. (Ord. 370 § 1, 1994)
2.60.020 Policies and procedures.
(1) To report an improper act of an employee or representative of the city of Forks, an employee must submit a report in writing to the Forks mayor, Forks police chief, the Forks clerk/treasurer or the Clallam County prosecuting attorney’s office before reporting such actions to any persons outside the city of Forks, unless an emergency requires direct reporting to an outside party. An employee shall wait 30 days for a response to his/her written complaint and then at that time may report to an outside party if no response has been received or the complainant is not satisfied with the response.
(2) A summary of procedures for reporting improper governmental actions shall be posted on the premises of City Hall for employees.
(3) The identity of reporting employee shall be kept confidential to the extent possible under law, unless the employee authorizes disclosure of his or her identity in writing.
(4) Retaliatory Action Unlawful.
(a) City of Forks employees must provide written notice of retaliatory action within 30 days of the action. This will be provided to the Forks mayor, the Forks police chief, the Forks clerk/treasurer or the Clallam County prosecuting attorney’s office.
(b) The city of Forks or the Clallam County prosecuting attorney’s office must respond within 30 days of the receipt of a written notice from an employee.
(c) If an employee believes notice has not been properly addressed by the city of Forks, or relief from such reported retaliatory action has not been achieved from the city of Forks or the Clallam County prosecuting attorney’s office within the 30 days, the whistleblower (employee reporting retaliatory action) has 15 days from the date of response from the city of Forks to report, or from the 30-day response time allowed to the city of Forks if no response is received, to request a hearing to establish that retaliatory action has occurred and to obtain relief.
(5) Hearings on Retaliatory Action.
(a) Within five days of receiving the request for a hearing from the whistleblower, the city of Forks shall apply to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge.
(b) The whistleblower must prove his or her claim by a preponderance of evidence.
(c) The administrative law judge must issue a final decision within 45 days after the date the request for hearing was delivered to the city of Forks.
(d) The administrative law judge may reinstate the employee with or without pay, award costs and reasonable attorney’s fees to the prevailing party, impose a civil penalty personally upon the retaliator of up to $3,000, and recommend that any person found to have retaliated be suspended with or without pay or dismissed.
(e) Penalties are paid to the city of Forks administrative hearings account.
(f) Final decision of the administrative law judge is subject to judicial review. (Ord. 370 § 2, 1994)
2.60.030 Providing information to city of Forks employees.
The city of Forks, upon adoption of the ordinance codified in this chapter, shall provide a copy to all city employees and shall post a summary of all procedures for reporting improper acts and retaliatory actions. (Ord. 370 § 4, 1994)