295 Whistleblower Act Policy..~
CITY OF YELM
RESOLUTION NO. 295
A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF YELM,
WASHINGTON, APPROVING THE LOCAL GOVERNMENT EMPLOYEE
WHISTLEBLOWER ACT POLICY ATTACHMENT A TO THIS RESOLUTION
AND AUTHORIZING ITS INCLUSION IN THE CITY OF YELM
PERSONNEL POLICY MANUAL ORIGINALLY ADOPTED BY CITY
COUNCIL ON JULY 22, 1993.
WHEREAS, .the Washington. State Legislature recently adopted
regulations for Whistleblower protection of local governmental
employees (Chapter 44, Laws of 1992); and
WHEREAS, these regulations require that local governments adopt
consistent policies, and provide employees with notice of the
procedures for reporting improper governmental actions that will
allow protection from retaliatory action and relief in appropriate
circumstances; and
WHEREAS, the City Council has reviewed the policy attached hereto
as Exhibit A and believes its adoption to be both required by law
and in the best interest of the citizens of the City of Yelm, now,
therefore,
THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Section 1. All existing wording contained in Chapter 9.4,
Whistleblower Protection, in the City of Yelm Personnel Policv
Manual shall be deleted.
Section 2. The Whistleblower Protection Policy attached hereto
as Exhibit A is hereby approved and adopted by the City Council,
authorizing its inclusion in the City of Yelm Personnel Policv
Manual. The City Clerk is hereby authorized to incorporate such
document into the Manual at Chapter 9.4 assigning chapter, page and
paragraph numbers as may be appropriate for its incorporation into
said Manual.
Section 3. Posting of Summary.' Pursuant to Section 3(4) of
Chapter 44, Laws of 1992, the City Clerk shall permanently post a
copy of the attached policy in a place where all employees will
have reasonable access to it and shall make such policy available
to City employees upon request.
ADOPTED this 28th day of July, 1993.
Ka hry M. Wolf, yor
Attest:
~~ ~ ~ ~
Agnes~P. Colombo, City Clerk
PASSED and APPROVED: July 28, 1993
CITY OF YELM
"WHISTLEBLOWER" POLICY
REPORTING IMPROPER GOVERNMENTAL ACTION AND PROTECTING
EMPLOYEES AGAINST RETALIATION
Policy Statement
It is the City of Yelm's policy to:
1. Encourage its employees to report improper governmental
action taken by City of Yelm officials or employees; and,
2. Protect City of Yelm employees who have reported improper
governmental actions in keeping with the City's policies
and procedures.
Definitions
1. Good faith means a deliberate and genuine action taken
with confidence in its truth or correctness, along with
a lack of interest in taking any conscious advantage of
another.
2. Improper governmental action means any action by~a City
of Yelm official or employee that:
a. Is undertaken in the performance of the official's
or employee's official duties, whether or not the
action is within the scope of the employee's
employment; and,
b. One or more of the. following appears to be present:
(1) A violation of any Federal, State, or local
law or rule;
(2) An abuse of. authority;
(3) A substantial and specific danger to the
public health or safety; or,
(4) A 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. Examples of improper governmental action include, but are
not limited to, misappropriating City equipment and
supplies for personal use, having City employees do work
on a public official's private property while on City
time or on their own time without compensation, operating
a private business on City time, and accepting gratuities
or kickbacks.
3. Retaliatory action means any adverse change in the terms
and conditions of a City of Yelm employee's employment.
CITY OF YELM
WHISTLEBLOWER POLICY - ATTACHMENT A, RESOLUTION 295 PAGE 1
4. Emergency means a circumstance that if not immediately
changed may cause damage to persons or property.
Reporting Procedure
Report to Supervisor or Department Head First
City employees who become aware of improper governmental
actions, including those involving individuals outside their
own departments, must raise the issue first with their
supervisor or department head, except as qualified below. If
requested by the supervisor, the employee shall submit a
written report to the supervisor or department head, or to
some person designated by the supervisor or department head,
stating in detail the basis for the employee's belief that an
improper governmental action has occurred.
If Improper Action Involves Supervisor or Department Head
Where the employee reasonably believes the improper
governmental action involves his or her supervisor, the
employee shall raise the issue with the department head, the
Chief Administrative Officer, or with the Mayor.
In Case of Emergency
In the case of an emergency, where the employee believes in
good faith 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.
If the City Fails to Adequately Investigate
If the employee reasonably believes
• that an adequate investigation was not undertaken by the
City of Yelm 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 the improper governmental action is likely to recur,
the employee shall give written notice to the Mayor. Not
sooner than 48 hours after notifying the Mayor, and if the
employee still reasonably believes that the proper corrective
action has not been taken, the employee may report information
about the improper governmental action directly to the
Counci L/Department Liaison, or the appropriate government agency with
responsibility for investigating the improper actions. (See
attached listing of agencies on page 5.)
If Improper Action Involves City Council or Mayor
Where the employee reasonably believes the improper
governmental action involves a City Council member, the
employee may raise the issue directly with the Mayor.
Where the employee reasonably believes the improper
governmental action involves the Mayor, the employee may raise
the issue directly with the Council/Department Liaison, City Attorney or
Thurston County Prosecuting Attorney.
CITY OF YELM
WHISTLEBLOWER POLICY - ATTACHMENT A, RESOLUTION 295 PAGE 2
Good Faith Attempt to Follow These Procedures Required
City employees who do not make a good faith attempt to follow
these procedures in reporting improper governmental action
,shall not receive the protection provided by the City in these
procedures.
Investigation Procedures
The supervisor, department head, Chief Administrative Officer
or the Mayor, as the case may be, shall take action within
fifteen (15) calendar days to properly investigate the report
of improper governmental action. The employee raising the
issue shall be notified by the ? Mayor when the investigation
is begun and approximately when it will be concluded. City of
Yelm 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 employee may be notified at his/her
home address if he or she so requests.
Protection Against Retaliatory Actions
Retaliation Prohibited
City of Yelm 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 policies and procedures.
If Retaliation Occurs
An employee who believes that they have been retaliated
against for reporting an improper governmental action should
advise his/her supervisor, department head, the Chief
Administrative Officer, Mayor or the official indicated in the
following matrix:
If perceived Advise in writing within
Retaliation is by: then thirty (30) days to:
1. Supervisor 1. Department Head
(with copy to Chief
Administrative
Officer)
2. Department Head 2. Chief Administrative
Officer (with copy
to the Mayor)
3. Other Individual not named 3. Mayor
above, including Council-
members
4 . Mayor 4 . Council/Department Liaison
CITY Of YELM
WHISTLEBLOWER POLICY - ATTACHMENT A, RESOLUTION 295 PAGE 3
City employees shall provide the written charge of retaliation
to the appropriate individual no later than thirty (30) days
after the occurrence of the alleged retaliatory action. The
Department Head, Chief Administrative Officer or Mayor shall
take appropriate action to investigate and address complaints
of retaliation and respond, within thirty (30) days, to the
charge of retaliatory action. Only in cases where the Mayor
is perceived to have taken a retaliatory action, should the
employee send such charge of retaliation to the Council/Department
Liaison and the Council/Department Liaison must respond within thirty ( 30 )
days, to the charge of retaliatory action.
If the Complaint is Not Satisfactorily Addressed
If the person advised of the retaliatory action does not
satisfactorily resolve the employee's complaint, the employee
may obtain protection under this policy and pursuant to State
law by providing a written note to the Council/Department
Liaison that specifies the alleged retaliatory action and the
relief requested.
When to Request a State Hearing
After receiving either the response of the City of Yelm or
thirty (30) days after the delivery of the charge to the
Mayor, 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 Mayor with the earlier of either fifteen
(15) days of delivery of the City's response to the charge of
retaliatory action, or forty-five ( 45 ) days of delivery of the
charge of retaliation to the City of Yelm for response.
Upon receipt of request for hearing the City of Yelm 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 Southeast
Row Six, Building 1
Lacey, WA 98504-2488
(206) 459-6353
The City of Yelm will consider any recommendation provided by
the administrative law judge that the retaliator be suspended
with or without pay, or dismissed.
Management Responsibilities
Department heads, managers and supervisors are responsible for
ensuring the procedures are fully implemented within their
areas of responsibility.
Communication and Implementation
The Chief Administrative Officer is responsible for
implementing the City of Yelm's policies and procedures for
CITY OF YELM
WHISTLEBLOWER POLICY - ATTACHMENT A, RESOLUTION 295 PAGE 4
reporting improper governmental action and for protecting
employees against retaliatory actions. This includes ensuring
that this policy and these procedures are:
1. Permanently posted where all employees will have
reasonable access to them;
2. Make available to any employee upon request; and,
3. Provided to all newly-hired employees.
Violations
Violations of~this policy and these procedures may result in
appropriate disciplinary action, up to and including
dismissal.
Questions?
Contact the City Clerk or Chief Administrative Officer.
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
City Clerk or Chief Administrative Officer.
Thurston County Thurston County Prosecuting Attorney
1-800-624-1234 Thurston County Courthouse
2000 Lakeridge Dr. SW
Olympia, WA 98502
State of Washington Attorney General's Office
(206)464-6684 Fair Practices Division
2000 Bank of California Center
900 Fourth Avenue, Suite 2000
Seattle, WA 98164
(206)753-5280 State Auditor's Office
Legislative Building
P.O. Box 40021
Olympia, WA 98504-0021
United States U.S. Attorney
(206)553-7970 800 Fifth Avenue
Seattle, WA 98104
CITY OF YELM
WHISTLEBLOWER POLICY - ATTACHMENT A, RESOLUTION 295
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