Chapter 2.50
REPORTING IMPROPER GOVERNMENTAL ACTION
AND PROTECTING EMPLOYEES AGAINST RETALIATION
Sections:
2.50.030 Procedures for reporting.
2.50.040 Protection against retaliatory actions.
2.50.060 Severability – Governing provisions.
2.50.010 Policy statement.
It is the policy of the town of Friday Harbor:
A. To encourage reporting by its employees of improper governmental action taken by town officers or employees,
B. To protect town employees who have reported improper actions in accordance with the town’s policies and procedures. (Ord. 911 § 2, 1993)
2.50.020 Definitions.
As used in this policy, the following terms shall have the meanings indicated:
A. “Improper governmental action” means any action by a town 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 (i) is in violation of any federal, state, or local law or rule; (ii) is an abuse of authority; (iii) is of substantial and specific danger to the public health or safety; or (iv) is a gross waste of public funds.
“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 law, alleged violations of labor agreements or reprimands.
B. “Retaliatory action” means any adverse change in the terms and conditions of a town of Friday Harbor employee’s employment.
C. “Emergency” means a circumstance that if not immediately changed may cause damage to persons or property.
D. “Employee” means any person appointed to any position with the town under any provision of the personnel ordinance of the town whether part-time or full-time, temporary or contract hire. (Ord. 911 § 3, 1993)
2.50.030 Procedures for reporting.
A. Town 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 town administrator 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 town administrator, or the mayor’s designee, as the case may be, shall take prompt action to assist the town in properly investigating the report of improper governmental action. Town 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. Town 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 town to determine whether an improper governmental action occurred, or that insufficient action has been taken by the town to address the improper governmental action or that for other reasons the improper governmental action is likely to recur.
E. Town employees who fail to make a good-faith attempt to follow the town of Friday Harbor’s procedures in reporting improper governmental action shall not receive the protections provided by the town of Friday Harbor in these procedures. (Ord. 911 § 4, 1993)
2.50.040 Protection against retaliatory actions.
A. Town 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 town administrator, or the mayor’s designee. Town officials and supervisors shall take appropriate action to investigate and address complaints of retaliation.
C. If the employee’s supervisor, the town administrator, or the mayor’s designee, as the case may be, does not satisfactorily resolve an employee’s complaint that he or she 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 town council that:
1. Specifies the alleged retaliatory action; and
2. Specifies the relief requested.
D. Town employees shall provide a copy of their written charge to the town administrator no later than 30 days after the occurrence of the alleged retaliatory action. The town shall respond within 30 days to the charge of retaliatory action.
E. After receiving either the response of the town or 30 days after the delivery of the charge to the town, 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 town administrator within the earlier 15 days of delivery of the town’s response to the charge of retaliator action, or 45 days of delivery of the charge of retaliation to the town for response.
F. Upon receipt of request for hearing, the town shall apply within five working days to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge or make arrangements for appointment of a private professional quasi-judicial hearings officer. The town will consider any recommendation provided by the hearings officer that the retaliatory individual be suspended with or without pay, or dismissed. (Ord. 911 § 5, 1993)
2.50.050 Responsibilities.
A. The town administrator is responsible for implementing the town of Friday Harbor’s policies and procedures:
1. For reporting improper governmental action; and
2. For protecting employees against retaliatory action.
B. 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.
C. 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. (Ord. 911 § 6, 1993)
2.50.060 Severability – Governing provisions.
If any part or portion of this chapter is declared invalid for any reason, such declaration of invalidity shall not affect any remaining part or portions. Nothing in this chapter shall supersede or replace any provisions related to personnel action, including actions that may be taken under applicable civil service regulation. (Ord. 911 § 7, 1993)