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Home My WebLink About93-016RESOLUTION NO. dS~...~.-! ~ A RESOLUTION ADOPTING A POLICY FOR THE CITY OF PORT TOWNSEND REGARDING EMPLOYEE REPORTING OF IMPROPER GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST RETALIATION AS REQUIRED BY RCW 42.41, THE LOCAL GOVERNMENT EMPLOYEE WHISTLEBLOWER ACT. WHEREAS, the City of Port Townsend wishes to encourage the disclosure of improper governmental action by its officials and employees in an atmosphere free of concerns regarding retaliation for such reporting; and WHEREAS, the City of Port Townsend believes such a policy is in the best interests of the officials and employees and the public because it will encourage the prevention and curing of potential abuses; and WHEREAS, the City of Port Townsend wishes to adopt a policy regarding reporting by officials and employees of improper governmental actions consistent with the provisions of RCW 42.41; Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND: REPORTING IMPROPER GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST RETALIATION Policy Statement It is the policy of the City of Port Townsend (hereinafter "City") (1) to encourage reporting by its employees of improper governmental action taken by City officers or employees and (2) to protect the City employees who have reported improper governmental actions in accordance with the City's policies and procedure(s). Definitions As used in this policy, the following terms shall have the meanings indicated: 1. "Improper governmental action" means any action by a City 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. "Retaliatory action" means any adverse change in the terms and conditions of a City employee's employment. "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property, Procedures for Reporting 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 City Clerk/Treasurer 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 Clerk/Treasurer or the City Clerk/Treasurer'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 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. 2 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. A report may also be made directly to the County Prosecuting Attorney who may then take action as may be appropriate. 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 protection provided by the City in these procedures. Protection Against Retaliatory Action 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 policies and procedures. 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 City Clerk/Treasurer's designee. City officials and supervisors shall take appropriate action to investigate and address complaints of retaliation. If the employee's supervisor, the City Clerk/Treasurer, or the City Clerk/Treasurer's designee, as the case may be, does not satisfactorily resolve a City employee's 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 law by providing a written notice to the City Council that: a. Specifies the alleged retaliatory action and b. Specifies the relief requested. City employees shall provide a copy of their written charge to the City Clerk/Treasurer no later than thirty (30) days after the occurrence of the alleged retaliatory action. The City shall respond within thirty (30) days to the charge of retaliatory action. 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 Clerk Treasurer within 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 for response. Upon receipt of request for hearing, the City shall apply within five (5) working days to the State Office of Administrative Heatings for an adjudicative proceeding before an administrative law judge: Office of Administrative Hearings P. O. Box 42488, 4224 Sixth S.Ei Rowe Six, Bldg. 1 Lacey, WA 98504-2488 (206) 459-6353 The City will consider any recommendation provided by the administrative law judge that the retaliator be suspended with or without pay, or dismissed. Responsibilities The Clerk/Treasurer is responsible for implementing the City'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. 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 Clerk/Treasurer. CITY OF PORT TOWNSEND JEFFERSON COUNTY City Clerk/Treasurer City Hall 540 Water Street Port Townsend, WA (206) 385-3333 98368 Jefferson County Prosecuting Attorney Jefferson County Courthouse Port Townsend, WA 98368 (206) 385-9180 City Attorney 209 Quincy Street Port Townsend, WA (206) 385-5991 98368 STATE OF WASHINGTON Attorney General's Office Fair Practices Division 2000 Bank of California Center 900 Fourth Avenue Seattle, WA (206) 464-6684 Human Rights Commission 402 Evergreen Plaza Bldg., FJ-41 711 South Capitol Way Olympia, WA 98504-2490 Department of Labor & Industries 300 West Harrison, Room 201 Seattle, WA (206) 281-5400 State Liquor Control Board Enforcement Office 2101 Sixth Avenue Seattle, WA (206) 464-6094 Department of Social and Health Services Special Investigation Office 5200 Southcenter Blvd., Suite 23 Tukwila, WA (206) 764-4048 Fraud Complaints (800) 562-6025 UNITED STATES Department of Agriculture Office of Inspector General 915 Second Avenue Seattle, WA Supervisor Auditor (206) 553-8290 Supervisor Special Agent Investigation (206) 553-8286 State Auditor's Office Legislative Building P. O. Box 40021 Olympia, WA 98504-0021 (206) 753-5280 State Department of Ecology 3190 160th S.E. Bellevue, WA 98008-5852 (206) 649-7000 State Department of Health Health Consumer Assistance P. O. Box 4789 Olympia, WA 98504-7891 (800) 525-0127 Department of Natural Resources P. O. Box 68 Enumclaw, WA 98022 (206) 825-1631 Puget Sound Water Quality Authority P. O. Box 40900 Olympia, WA 98504 (206) 493-9300 Alcohol Tobacco & Firearms Criminal Enforcement 915 Second Avenue Seattle, WA (206) 553-4485 U. S. Attorney 800 Fifth Avenue Seattle, WA (206) 553-7970 Department of Commerce Office of Inspector General Office of Audits 915 Second Avenue Seattle, WA (206) 553-0801 Government Accounting Office Fraud Hot Line (800) 424-5454 U. S. Department of Education Office of Inspector General 915 Second Avenue Seattle, WA Audits Investigations (206) 553-0657 (206) 553-1482 Equal Employment Opportunity Commission 2815 Second, Suite 500 Seattle, WA (206) 553-0968 Federal Trade Commission 915 Second Avenue Seattle, WA (206) 553-4656 Department of Health & Human Services Food & Drug Administration 22201 23rd Drive S.E. Bothell, WA Trade Complaints (206) 483-4949 Office of the Regional Secretary General Counsel's Office, Inspector General Audits (206) 553-0452 Investigations (206) 553-0229 Dept. of Housing and Urban Development Office of Counsel 1321 Second Avenue Seattle, WA (206) 553-4976 Consumer Product Safety Commission Hot Line (800) 638-2772 U. S. Customs Service Office of Enforcement 909 First Avenue Seattle, WA (206) 553-7531 Environmental Protection Agency Criminal Investigations 1200 Sixth Avenue Seattle, WA (206) 553-8306 Federal Emergency Management Agency 130 228th Street S.W. Bothell, WA (206) 487-4600 General Services Administration 915 Second Avenue Seattle, WA Office of Inspector General Audits (206) 931-7650 Investigations (206) 931-7654 Law Enforcement (206) 553-0290 Interstate Commerce Commission 915 Second Avenue, Room 1894 Seattle, WA 98174 (206) 553-5421 Department of Interior U. S. Fish & Wildlife Services Division of Law Enforcement 121 107th N.E. Bellevue, WA (206) 553-5543 6 Office of Inspector General Audits Investigations (206) 553-0270 (206) 553-0272 Department ot~stice Drug Enforcement Administration 220 West Mercer, Suite 300 Seattle, WA (206) 553-5443 Mine Safety & Health Administration 117 107th N.E. Bellevue, WA (206) 553-7037 Department of Labor Occupational Safety & Health (OSHA) 1111 Third Avenue, Suite 715 Seattle, WA 98101-3212 (206) 553-5930 National Transportation Safety Board 19518 Pacific Highway South Seattle, WA (206) 764-3782 Nuclear Regulatory Conunission (510) 975-0200 Securities and Exchange Commission 915 Second Avenue Seattle, WA 98174 (206) 553-7990 Department of Transportation Office of Inspector General 915 Second Avenue Seattle, WA 98178 (206) 553-5720 Department of Veterans Affairs Office of Inspector General 915 Second Avenue Seattle, WA 98174 Fraud/Waste/Abuse Hot Line (800) 488-8244 Office of Inspector General Audits 1111 Third Avenue, Suite 780 Seattle, WA 98101-3212 (206) 553-4880 Investigations 1111 Third Avenue, Suite 785 Seattle, WA 98101-3212 Office of Women's Bureau 1111 Third Avenue, Suite 885 Seattle, WA 98101-3212 Department of Treasury Bureau of Alcohol, Tobacco & Firearms Law Enforcement Division 915 Second Avenue, Room 806 Seattle, WA 98174 PASSED by the.City Council for tJl~-~.~ of Pojit Townsend and signed by the Mayor this /~ day of ~ (~~~Ai~ :, _ Clerk/Treasurer, David Grove City AttOrney, Dennis McLerran 7