Chapter 2.100
REPORTING OF IMPROPER GOVERNMENTAL ACTION
Sections:
2.100.040 Procedures for reporting.
2.100.050 Protection against retaliatory actions.
2.100.060 Mayor—Responsibilities.
2.100.010 Policy adopted.
The city adopts a policy for reporting improper governmental actions which also provides protection for employees against retaliation. (Ord. 1090 (part), 1993)
2.100.020 Policy statement.
It is the policy of the city:
(1) To encourage reporting by its employees of improper governmental action taken by the city officers or employees; and
(2) To protect the city employees who have reported improper governmental actions in accordance with the city policies and procedures. (Ord. 1090 (part), 1993)
2.100.030 Definitions.
As used in this policy, the following terms shall have the meanings indicated:
“Emergency” means a circumstance that if not immediately changed may cause damage to persons or property-”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:
a. Is in violation of any federal, state, or local law or rule,
b. Is an abuse of authority,
c. Is of substantial and specific danger to the public health or safety, or
d. Is a gross waste of public funds.
“Improper 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.
“Retaliatory action” means any adverse change in the terms and conditions of a city employee’s employment. (Ord. 1090 (part), 1993)
2.100.040 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 mayor or the city 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 mayor 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. The city officers and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under law, unless the employee authorized 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.
(d) City employees may report information about improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action if the city 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’s procedures in reporting improper governmental action shall not receive the protections provided by the city in these procedures. (Ord. 1090 (part), 1993)
2.100.050 Protection against retaliatory actions.
(a) City officials and employees are prohibited from taking retaliatory action against a city employee because he or she has in good faith reported an improper governmental action in accordance with these procedures.
(b) Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the mayor 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 mayor, or the mayor’s designee, as the case may be, does not satisfactorily resolve a city employees’ complaint that he or she has been retaliated against in violation of this policy, the city employee may obtain protection under this policy and pursuant to state laws 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 mayor 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 either the response of the city or thirty days after the delivery of the charge to the city, the city 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 mayor within the earlier of fifteen days of delivery of the city’s response to the charge of retaliatory action, or forty-five days of delivery of the charge of retaliation to the city’s response.
(f) Upon receipt to request for hearing, the city shall apply within five 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
(g) The city will consider any recommendation provided by the administrative law judge that the retaliator be suspended with or without pay, or dismissed. (Ord. 1090 (part), 1993)
2.100.060 Mayor—responsibilities.
(a) The mayor is responsible for implementing the city’s policies and procedures:
(1) For reporting improper governmental action; and
(2) For protecting employees against retaliatoryactions.
(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.
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. 1090 (part), 1993)
2.100.070 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:
(1) State Agencies.
Attorney General’s Office, Fair Practices Division
State Auditor’s Office, Legislative Building
State Department of Ecology
Human Rights Commission
State Department of Health, Health Consumer Assistance
Department of Labor and Industries
State Liquor Control Board, Enforcement Office
Department of Natural Resources
Puget Sound Water Quality Authority
Department of Social and Health Services, Special Investigation Office
(2) United States Agencies.
Department of Agriculture, Office of Inspector General
Alcohol Tobacco and Firearms, Criminal Enforcement
U.S. Attorney
Department of Commerce, Office of Inspector General
Consumer Product Safety Commission
U.S. Customs Service, Office of Enforcement
U.S. Department of Education, Office of Inspector General
Environmental Protection Agency, Criminal Investigations
Equal Employment Opportunity Commission
Federal Emergency Management Agency
Federal Trade Commission
General Services Administration
Department of Health and Human Services, Food and Drug Administration
Department of Housing and Urban Development, Office of Counsel
Interstate Commerce Commission
Department of Interior, U.S. Fish and Wildlife Services
Department of Justice, Drug Enforcement Administration
Department of Labor, Occupational Safety and Health (OSHA)
Mine Safety and Health Administration
National Transportation Safety Board
Nuclear Regulatory Commission
Securities and Exchange Commission
Department of Transportation, Office of Inspector General
Department of Treasury
Department of Veterans Affairs, Office of Inspector General
(Ord. 1090 (part), 1993)