Chapter 2.36
REPORTING IMPROPER GOVERNMENTAL ACTIONAND PROTECTING EMPLOYEES AGAINST RETAILIATION
Sections:
2.36.030 Procedures for reporting.
2.36.040 Protection against retaliatory actions.
2.36.010 Purpose.
It is the policy of the city (A) to encourage reporting by its employees of improper governmental action taken by city officers or employees; and (B) to protect city employees who have reported improper actions in accordance with the city’s policies and procedure(s). (Ord. 366 § 1(Exh. A)(part), 2009: Ord. 263 § 2, 1992. Formerly 2.84.010)
2.36.020 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A. “Emergency” means a circumstance that if not immediately changed may cause damage to persons or property.
B. “Employee” means any person appointed to any position with the city whether part-time or full-time, temporary or contract hire.
C. “Improper governmental action” means any action by a city 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:
a. In violation of any federal, state, or local law or rule,
b. An abuse of authority,
c. Of substantial and specific danger to the public health or safety, or
d. A gross waste of public funds.
3. “Improper governmental action” does not include proper 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, reprimands or any other personnel action taken under authority of state law.
D. “Retaliatory action” means any adverse change in a city employee’s employment status or in the terms and conditions of a city employee’s employment based on the reporting by the employee of improper governmental actions. (Ord. 366 § 1(Exh. A)(part), 2009: Ord. 263 § 3, 1992. Formerly 2.84.020)
2.36.030 Procedures for reporting.
A. City 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 his or her supervisor, the employee may raise the issue directly with the city clerk/treasurer or such other person as may be designated by the mayor to receive reports of improper governmental action.
B. 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.
C. The supervisor, the city clerk/treasurer or the mayor’s designee, as the case may be, shall take prompt action to assist the city in properly investigating the report of improper governmental action. City officers and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent reasonably 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 given a summary of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential.
D. City employees may report information about improper governmental action directly to the appropriate government agency responsible for investigating the improper action if the employee reasonably believes that an adequate investigation was not undertaken by the city to determine whether an improper governmental action occurred, or that insufficient action has been taken by the city to address the improper governmental action or that for other reasons the improper governmental action is likely to recur.
E. City employees who fail to make a good-faith attempt to follow the city procedures in reporting improper governmental action shall not receive the protections provided by the city in these procedures. (Ord. 366 § 1(Exh. A)(part), 2009: Ord. 263 § 4, 1992. Formerly 2.36.030)
2.36.040 Protection against retaliatory actions.
A. City officials and employees are prohibited from taking retaliatory action against an employee because he or she has in good faith reported an improper governmental action in accordance with these policies and procedures.
B. Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the city clerk/treasurer or the mayor’s designee. City officials and supervisors shall take appropriate action to investigate and address complaints of retaliation.
C. If the employee’s supervisor, the city clerk/treasurer, or the mayor’s designee, as the case may be, does not or will not apparently be able to satisfactorily resolve an employee’s complaint that he or she has been retaliated against in violation of this chapter within thirty days of the occurrence of the alleged retaliatory action, the employee may obtain protection under this chapter and pursuant to state law by providing a written notice to the city council that:
1. Specifies the alleged retaliatory action; and
2. Specifies the relief requested.
D. City employees shall provide a copy of their written charge to the city clerk/treasurer no later than thirty days after the occurrence of the alleged retaliatory action. The city shall respond within thirty days to the charge of retaliatory action.
E. After receiving the response of the city or thirty days after the delivery of the written notice to the city clerk/treasurer, the city employee may request a hearing to establish that a retaliatory action occurred and to obtain appropriate relief provided by law. An employee seeking a hearing shall deliver the request for such a hearing to the city clerk/treasurer within the earlier of either fifteen days of delivery of the city’s response to the charge of retaliatory action or forty-five days of delivery of the written notice of the alleged retaliatory action given to the city clerk/treasurer.
F. Upon receipt of request for hearing, the city shall apply within five working days to the environmental hearings office for an adjudicative proceeding before an administrative law judge or environmental hearings officer or make arrangements for appointment of a private professional quasi-judicial hearings officer.
G. The city will consider any recommendation that the retaliatory individual should be suspended, with or without pay, or dismissed provided by the quasi-judicial hearings officer, if the employee has requested a hearing before such an officer or the administrative law judge. (Ord. 366 § 1(Exh. A)(part), 2009: Ord. 263 § 5, 1992. Formerly 2.84.040)
2.36.050 Responsibilities.
The mayor or the mayor’s designee is responsible for implementing the city policies and procedures (1) for reporting improper governmental action and (2) for protecting employees against retaliatory actions. This includes ensuring 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 ensuring the procedures are fully implemented within their areas of responsibility. Violations of this chapter and these procedures may result in appropriate disciplinary action, up to and including dismissal. (Ord. 366 § 1(Exh. A)(part), 2009: Ord. 263 § 6, 1992. Formerly 2.84.050)