Chapter 2.86
IMPROPER GOVERNMENTAL ACTION
Sections:
2.86.030 Reporting and investigation procedures.
2.86.040 Protection against retaliatory actions.
2.86.050 Implementation of chapter provision—Responsibility.
2.86.010 Policy.
It is the policy of Adams County (A) to encourage reporting by its employees of improper governmental action taken by the county’s officers or employees; and (B) to protect county employees who have reported improper governmental actions in accordance with Adams County’s policies and procedure(s). (Ord. O-1-93 § 1)
2.86.020 Definitions.
The following terms shall have the meanings indicated:
1. “Improper governmental action” means any action by an Adams County department head or employee:
a. That is undertaken in the performance of the department head’s or employee’s official duties, whether or not the action is within the scope of 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.
2. “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.
3. “Retaliatory action” means any adverse change in the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary action of an employee’s employment status.
4. “Emergency” means a circumstance that, if not immediately changed, may cause damage to persons or property. (Ord. O-1-93 § 2)
2.86.030 Reporting and investigation procedures.
A. Adams County 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.
B. Where the employee reasonably believes the improper governmental action involves his or her supervisor, the employee may raise the issue directly with the department head or such other person as may be designated by the board of commissioners to receive reports of improper governmental action.
C. 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.
D. The supervisor, the department head or the board of commissioners, as the case may be, shall take prompt action to assist the employee in properly investigating the report of improper governmental action.
E. County officials and employees involved in the investigation shall keep the identity of reporting employee(s) confidential to the extent possible under law, unless the employee authorizes the disclosure of his or her identity in writing.
F. After an investigation has been completed, the employee reporting the improper governmental action shall be given a summary of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential.
G. In the event the county employee reasonably believes that an adequate investigation was not undertaken by Adams County to determine whether an improper governmental action occurred, or that insufficient action was taken by Adams County to address the improper governmental action and it is likely to recur, then the employees may report to the appropriate government agency with responsibility for investigating the improper action.
H. Adams County employees who fail to make a good-faith attempt to follow the county’s procedures in reporting improper governmental action shall not receive the protection provided by Ch. 44, Laws of 1992 and this chapter. (Ord. O-1-93 § 3)
2.86.040 Protection against retaliatory actions.
A. Adams County officials and employees are prohibited from taking retaliatory action against an employee because he or she has, in good faith, reported an improper governmental action in accordance with these policies and procedures.
B. Employees who believe that they have been retaliated against for reporting an improper governmental action, should advise their supervisor, the department head or the Adams County prosecuting attorney. Adams County officials and supervisors shall take appropriate action to investigate and address complaints of retaliation.
C. If the employee’s supervisor, the department head, or the prosecuting attorney, as the case may be, does not satisfactorily resolve an employee’s complaint that he or she has been retaliated against in violation of this policy, the employee may obtain protection under this policy and pursuant to state law by providing a written notice to the board of commissioners that:
1. Specifies the alleged retaliatory action; and
2. Specifies the relief requested.
D. Adams County employees shall provide a copy of their written charge to the board of commissioners no later than thirty days after the occurrence of the alleged retaliatory action. The board of commissioners shall respond within thirty days to the charge of retaliatory action.
E. After receiving either the response of the board of commissioners or thirty days after the delivery of the charge to the board, 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 board of commissioners within the earlier of either fifteen days of delivery of the board’s response to the charge of retaliatory action, or forty-five days of delivery of the charge of retaliation to the board for response.
F. Upon receipt of request for hearing, the board of commissioners 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 Hearing
P.O. Box 42488, 4224 Sixth S.E.
Rowe Six, Bldg. 1
Lacey, WA 98504-2488
(206) 459-6353
The board of commissioners will consider any recommendation provided by the administrative law judge that the retaliator be suspended with or without pay, or dismissed. In the event the retaliator is an elected official, the person may be requested to resign, or appropriate action may be taken to institute a recall petition. (Ord. O-1-93 § 4)
2.86.050 Implementation of chapter provision—Responsibility.
A. The Adams County board of commissioners is responsible for implementing Adams County’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.
B. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility.
C. Violations of this policy may result in:
1. Disciplinary action under the Adams County personnel policy;
2. Legal action under the provisions of Ch. 44, Laws of 1992, or such other statutes as may be applicable;
3. Economic sanctions/damages as may be determined by an administrative law judge or court having jurisdiction over violations of this chapter and Ch. 44, Laws of 1992. (Ord. O-1-93 § 5)