Chapter 3.44
WHISTLEBLOWERS
Sections:
3.44.020 Whistleblowers and other persons protected.
3.44.030 Limitation of protections.
3.44.040 Relief and penalties.
3.44.010 Definitions.
The following words have the meanings prescribed:
“Matter of public concern” means:
1. A violation of state, federal or municipal law, regulation or ordinance;
2. A danger to public health or safety;
3. Gross mismanagement, a substantial waste of funds, or a clear abuse of authority; or
4. A matter accepted for investigation by the office of the ombudsman under AS 24.55.100 or 24.55.320.
“Public body” means and includes an officer or agency of:
1. The federal government;
2. The state;
3. A political subdivision of the state including:
a. A municipality;
b. A school district; and
4. A public or quasi-public corporation or authority established by state or municipal law. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2 (3.12.290), 1991. Formerly 3.12.010)
3.44.020 Whistleblowers and other persons protected.
A. The borough may not discharge, threaten or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location or privileges of employment because:
1. The employee, or a person acting on behalf of the employee, reports to a public body or is about to report to a public body a matter of public concern; or
2. The employee participates in a court action, an investigation, a hearing or an inquiry held by a public concern.
B. The borough may not disqualify a public employee or other person who reports a matter of public concern or participates in a proceeding connected with a matter of public concern before a public body or court, because of the report or participation, from eligibility to:
1. Bid on contracts with the Northwest Arctic Borough;
2. Receive land under a law of the state or an ordinance of the municipality; or
3. Receive another right, privilege or benefit.
C. The provisions of this section and NABC 3.44.030 and 3.44.040 do not:
1. Require the borough to compensate an employee for participation in a court action or in any investigation, hearing or inquiry by a public body;
2. Prohibit the borough from compensating an employee for participation in a court action or in an investigation, hearing or inquiry by a public body;
3. Authorize the disclosure of information that is legally required to be kept confidential;
4. Diminish or impair the rights of an employee under a collective bargaining agreement.
D. The borough shall use appropriate means to inform employees of their protections and obligations under this section and NABC 3.44.030 and 3.44.040. (Ord. 13-10 § 1, 2014; Ord. 00-09 § 1, 2000; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.260. Formerly 3.12.190)
3.44.030 Limitation of protections.
A. A person or employee is not entitled to the protections under this section and NABC 3.44.020 and 3.44.040 unless the person or employee:
1. Reasonably believes that the information reported is or is about to become a matter of public concern; and
2. Reports the information in good faith.
B. A person or employee is entitled to the protection under this section and NABC 3.44.020 and 3.44.040 only if the matter is of public concern.
C. The borough requires that, before an employee initiates a report on a matter of public concern under NABC 3.44.020, the employee shall submit a written report concerning the matter to the mayor.
1. Within 30 days of such employee’s report to the mayor, the personnel committee shall meet to consider the employee’s report and the mayor’s response; and
2. The personnel committee shall acknowledge to both the employee and the assembly receipt of such report and a determination of what action if any is to be taken. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.270. Formerly 3.12.200)
3.44.040 Relief and penalties.
A person or employee who alleges a violation of NABC 3.44.020 has those remedies available by law. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.280. Formerly 3.12.210)