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HomeMy WebLinkAbout08-93 RESOLUTION NO. 8-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the City Personnel Policy and Procedures for City employees by adopting a policy and establishing procedures for disclosure by City of Port Angeles employees of improper governmental actions and protection for City of Port Angeles employees from retaliation for having made such reports. WHEREAS, the City of Port Angeles is committed to the policy that City employees should be encouraged to disclose, to the extent not expressly prohibited by law, improper governmental actions of officials and other employees; and WHEREAS, it is further the policy of the City of Port Angeles to protect City employees who make good faith reports to appropriate governmental bodies and to prevent retaliation for the making of such good faith reports; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. The City of Port Angeles Personnel Policy and Procedures Manual is hereby amended by adding a new Section 2.50, reporting improper governmental action and protecting employees against retaliation, as set forth in the attached Exhibit "A". PASSED by the City Council of the city of Port Angeles at a regular meeting of said Council held on the 2nd day of ATTEST:February , 1993. Becky J~lUp~n, ~l~ 'Cl~rk APPROV~ AS TO FORM: -1- Exhtb~t "A" CHAPTER 2.5 - REPORTING IMPROPER GOVERNMENTAL ACTION and PROTECTING EMPLOYEES AGAINST RETALIATION In 1992, Washington enacted Substitute Senate Bill 6321, an Act relating to local government whistleblowers. The law is intended to protect local government employees who raise issues of improper governmental actions with their supervisors and with appropriate governmental agencies. The City of Port Angeles respects the rights of reporting employees and has adopted this policy to insure compliance with the law. It is unlawful for a local government to take retaliatory action because an employee, in good faith and in conformance with the local government's procedures, provides information that improper governmental action may have occurred. 2.51 POLICY STATEMENT It is the policy of the City of Port Angeles (1) to encourage reporting by its employees of improper governmental action taken by the City of Port Angeles officers or employees and (2) to protect the City of Port Angeles employees who have reported improper governmental actions in accordance with the City of Port Angeles' policies and procedures. 2.52 DEFINITIONS As used in this policy, the following terms shall have the meanings indicated: 1. "Improper governmental action" means any action by a City of Port Angeles officer or employee: a. 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 b. 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 personnel actions, including employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployment, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of collective bargaining or civil service laws, alleged violations of labor agreements or reprimands. 2. "Retaliatory action" means any adverse change in the terms and conditions of a City of Port Angeles employee's employment. - 1 - 3. "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property. 2.53 PROCEDURES FOR REPORTIN~ The City of Port Angeles 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 Manager or such other person as may be designated by the City Manager to receive reports of improper governmental action. 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. The supervisor, the City Manager or the City Manager's designee, as the case may be, shall take prompt action to assist the City of Port Angeles in properly investigating the report of improper governmental action. The City of Port Angeles' officers and employees involved in the investigation shall keep the identity of reporting employees 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. The City of Port Angeles employees may report information about improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action if the City of Port Angeles employee reasonably believes that an adequate investigation was not undertaken by the City of Port Angeles to determine whether an improper governmental action occurred, or that insufficient action has been taken by the City of Port Angeles to address the improper governmental action or that for other reasons the improper governmental action is likely to recur. City of Port Angeles employees who fail to make a good-faith attempt to follow the City of Port Angeles's procedures in reporting improper governmental action shall not receive the protection provided by the City of Port Angeles in these procedures. - 2 - 2.54 PROTECTION ~GAINST RETALIATORY ACTIONS City of Port Angeles officials and employees are prohibited from taking retaliatory action against a City of Port Angeles employee because he or she has in good faith reported an improper govern- mental action in accordance with these policies and procedures. Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the City of Port Angeles Manager or the City of Port Angeles Manger's designee. The City of Port Angeles officials and supervisors shall take appropriate action to investigate and address complaints of retaliation. If the employee's supervisor, the City Manager, or the City Manager's designee, as the case may be, does not satisfactorily resolve a City of Port Angeles employee's complaint that he or she has been retaliated against in violation of this policy, the City of Port Angeles employee may obtain protection under this policy and pursuant to state law by providing a written notice to the City of Port Angeles city Council no later than thirty days after the occurrence of the alleged retaliatory action that: a. Specifies the alleged retaliatory action; and b. Specifies the relief requested. The City of Port Angeles employees shall provide a copy of their written charge to the City of Port Angeles Manager no later than thirty (30) days after the occurrence of the alleged retaliatory action. The City of Port Angeles shall respond within thirty (30) days to the charge of retaliatory action. After receiving either the response of the City of Port Angeles or thirty days after the delivery of the charge to the City of Port Angeles, the City of Port Angeles 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 of Port Angeles Manager within the earlier of either fifteen (15) days of delivery to the City of Port Angeles' response to the charge of retaliatory action, or forty- five (45) days of delivery of the charge of retaliation to the City of Port Angeles for response. Upon receipt of request for hearing, the City of Port Angeles shall apply within five (5) 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 - 3 - The City of Port Angeles will consider any recommendation provided by the administrative law judge that the retaliator be suspended with or without pay, or dismissed. 2.55 RESPONSIBILITIES The Human Resources Director, as designated by the City Manager, is responsible for implementing the City of Port Angeles's 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 policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. In order to insure reporting options for the employee, the City Manager's designee will be: (1) Human Resources Director, (2) City Attorney/Sr. Assistant City Attorney. - 4 - 2.56 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 the Port Angeles City Attorney's Office. CITY OF PORT ANGELES CLALLAM COUNTY SHERIFF 223 E. 4th Craig D. Knutson Port Angeles, WA 98362 City Attorney (206 452-7836 321 E. 5th, P.O. Box 1150 Port Angeles, WA 98362 (206) 457-0411 ext. 173 STATE OF WASHINGTON Dennis C. Dickson STATE AUDITOR'S OFFICE Sr. Assistant City Attorney Legislative Building 321 E. 5th, P.O. Box 1150 P.O. Box 40021 Port Angeles, WA 98362 Olympia, WA 98504-0021 (206) 457-0411 ext. 174 (206) 753-5280 PORT ANGELES POLICE DEPARTMENT STATE DEPT. OF ECOLOGY Steve Ilk, Chief of Police 3190-160th S.E. 321 E 5th, P.O. Box 1150 Bellevue, WA 98008-5852 Port Angeles, WA 98362 (206) 649-7000 (206) 457-0411 ext 137 (206) 452-4545 PORT ANGELES FIRE DEPARTMENT STATE ATTORNEY GENERAL'S OFFICE Larry Glenn, Chief Fair Practices Division 321 East 5th 2000 Bank of California Center Port Angeles, WA 98362 900 Fourth Avenue (206) 457-0411 ext. 250 Seattle, WA (206) 452-4545 (206) 464-6684 CL~LLAM COUNTY CLALLAM COUNTY PROSECUTING HUMAN RIGHTS COMMISSION ATTORNEYtS OFFICE 402 Evergreen Plaza Bldg. FJ-41 David H. Bruneau 711 South Capitol Way Clallam County Prosecutor Olympia, WA 98504-2490 223 E. 4th Port Angeles, WA 98362 (206) 452-7831 STATE DEPT. OF HEALTH Health Comsumer Assistance CLALLAM COUNTY HEALTH DEPT. P.O. Box 4789 223 E. 4th Olympia, WA 98504-7891 Port Angeles, WA 98362 800-525-0127 (206) 452-7831 - 5 - DEPARTMENT OF LABOR & INDUSTRIES CONSUMER PRODUCT SAFETY 800 West Harrison, Room 201 COMMISSION Seattle, WA Hot Line (206 281-5400 800-638-2772 STATE LIQUOR CONTROL BOARD U.S. CUSTOMS SERVICE Enforcement Office Office of Enforcement 2101 Sixth Avenue 909 First Avenue Seattle, WA Seattle, WA (206) 464-6091 (206) 553-7531 DEPARTMENT OF NATURAL U.S. DEPARTMENT OF EDUCATION RESOURCES Office of Inspector General P.O. Box 68 915 Second Avenue Enumclaw, WA 98022 Seattle, WA (206) 825-1631 Audits: (206) 553-0657 Investigations: (206) 553-1482 PUGET SOUND WATER ENVIRONMENTAL PROTECTION AGENCY QUALITY AUTHORITY Criminal Investigations P.O. Box 40900 1200 Sixth Avenue Olympia, WA 98504 Seattle, WA (206) 493-9300 (206) 553-8306 DEPT. OF SOCIAL & HEALTH SERVICES EQUAL EMPLOYMENT OPPORTUNITY Special Investigation Office COMMISSION 5200 Southcenter Blvd. Suite 23 2815 Second, Suite 500 Tukwila, WA Seattle, WA (206) 764-4048 (206) 553-0968 Fraud Complaints: 800-562-6025 UNITED STATES U.S. DEPT. OF AGRICULTURE FEDERAL EMERGENCY Office of Inspector General MANAGEMENT AGENCY 915 Second Avenue 130-228th Street S.W. Seattle, WA Bothell, WA (206) 487-4600 Supervisor Auditor: (206) 553-8290 FEDERAL TRADE COMMISSION 915 Second Avenue Supervisor Special Agent Seattle, WA Investigation: (206) 553-4656 (206) 553-8286 ALCOHOL, TOBACCO & FIREARMS DEPARTMENT OF COMMERCE Criminal Enforcement Office of Inspector General 915 Second Avenue Seattle, WA Office of Audits (206) 553-4485 915 Second Avenue Seattle, WA U.S. ATTORNEY (206 553-0801 800 5th Avenue, Seattle, WA Government Accounting Office (206) 553-7970 Fraud Hot Line 800-424-5454 - 6 - U.S. GENERAL SERVICES U.S. DEPARTMENT OF LABOR ADMINISTRATION Occupational Safety & 915 Second Avenue Health (OSHA) Seattle, WA 1111 Third Ave., Suite 715 Seattle, WA 98101-3215 Office of Inspector General office of Inspector General Audits: (206) 931-7650 Audits Investigations: (206) 931-7654 1111 Third Ave., suite 780 Law Enforcement: (206) 553-0290 Seattle, WA 98101-3212 (206) 553-4880 U.S. DEPARTMENT OF HEALTH & Investigations HUMAN SERVICES 1111 Third Ave., suite 785 Food & Drug Administration Seattle, WA 98101-3212 22201 23rd Drive S.E. Bothell, WA office of Women's Bureau 1111 Third Ave., Suite 885 Trade Complaints: (206) 483-4949 Seattle, WA 98101-3212 Office of the Regional Secretary MINE SAFETY & HEALTH General Counsel's Office, ADMINISTRATION Inspector General l17-107th N.E. Bellevue, WA Audits: (206) 553-0452 (206) 553-7037 Investigations (206) 553-0229 NATIONAL TRANSPORTATION U.S. INTERSTATE COMMERCE SAFETY BOARD COMMISSION 19518 Pacific Highway South 915 Second Avenue, Room 1894 Seattle, WA Seattle, WA 98174 (206) 764-3782 (206) 553-5421 NUCLEAR REGULATORY COMMISSION U.S. DEPARTMENT OF INTERIOR 510-975-0200 U.S. Fish & Wildlife Services Division of Law Enforcement SECURITIES & EXCHANGE COMMISSION 121-107th N.E. 915 Second Avenue Bellevue, WA Seattle, WA 98174 (206) 553-5543 (206) 553-7990 U.S. DEPARTMENT OF JUSTICE DEPARTMENT OF TRANSPORTATION Drug Enforcement Administration Office of Inspector General 220 West Mercer, Suite 300 915 Second Avenue Seattle, WA Seattle, WA (206) 553-5443 (206) 553-5720 DEPARTMENT OF TREASURY DEPARTMET OF VETERANS AFFAIRS Bureau of Alcohol, Tobacco office of Inspector General and Firearms 915 Second Avenue Law Enforcement Division Seattle, WA 98174 915 Second Avenue, Room 806 Fraud/Waste/Abuse Hot Line Seattle, WA 98174 800-481-8244 - 7 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of Counsel 1321 Second Avenue Seattle, WA (206) 553-4976 Office of Inspector General Audits: (206) 553-0270 Investigations: (206) 553-0272 - 8 - Summary City of Port Angeles Whistelblower Policies and Procedures · The City of Port Angeles has adopted policies and procedures which encourage City employees to disclose improper governmental action and provide remedies for retaliation. The policies and procedures are set forth in Chapter 2.5 of the City of Port Angeles Policy and Procedures Manual. · Section 2.52 sets forth definitions pertinent to the policies and procedures adopted. · The City Council of the City of Port Angeles has adopted a policy and appropriate procedures to follow for reporting improper governmental actions: The policy describes the person or persons within local government and outside local government to whom to report information concerning improper governmental actions. This list includes the county prosecuting attorney. This summary of procedures for reporting improper governmental actions is to be posted on designated employee bulletin boards throughout City facilities. Adopts a policy that requires City employees to provide a written report describing the improper governmental action prior to providing the information to persons outside the City o Port Angeles. If an employee fails to comply with this requirement, said employee will not receive the protections of this chapter. The identity of the reporting employee will be kept confidential to the extent possible under law, unless the employee authorizes the disclosure of his or her identity in writing. · Retaliatory action against an employee reporting improper governmental action is unlawful. City of Port Angeles employees are required to provide a written notice of retaliatory action within thirty days of the action. The City of Port Angeles is required to respond to said notice of retaliatory action within thirty days of receipt of said written notice. The City of Port Angeles whistleblowers are authorized to request a hearing to establish that a retaliatory action has occurred and to obtain relief, within fifteen days of receiving response from the City of Port Angeles. Within five days of receiving the request for a hearing from the whistleblower, the City of Port Angeles must apply to the state office of administrative hearings for an adjudicative proceeding before an administrative law judge. The whistleblower is required to prove his or her claim by a preponderance of the evidence. The administrative law judge must issue a final decision within forty-five days after the date the request for hearing was delivered to the local government. The administrative law judge is authorized to reinstate the employee with or without pay, award costs and reasonable attorney's fees to the prevailing party, and 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. Penalties are paid to the local government administrative hearings account. The final decision of the administrative law judge is subject to judicial review. R20~UM