Chapter 2.72
WHISTLEBLOWER’S ACT
Sections:
2.72.010 Background--Law enacted by Washington State Legislature.
2.72.020 Local government whistleblower act--Policies and procedures.
2.72.030 Administrative hearings--Costs.
2.72.040 Providing information to local government employees.
2.72.010 Background--Law enacted by Washington State Legislature.
In 1992, the Washington State Legislature did adopt the Local Government Whistleblower Act in Chapter 44, Laws of 1992. This Act defines local governments and stipulates the procedures for local government policies regarding employee reports of improper acts by the local government, and reports by employees of any retaliatory action against them by such local governments. (Ord. 1108 §1, 1993)
2.72.020 Local government whistleblower act--Policies and procedures.
A. To report an improper act of the local government, an employee shall be encouraged to submit a report in writing to the local government, before reporting such action to any persons outside the local government. A list of appropriate persons within the local government and outside the local government to receive such reports shall be provided to all city employees and be an addendum to the ordinance codified in this chapter.
B. A summary of procedures for reporting improper governmental actions shall be posted on the premises of City Hall for employees.,
C. The identity of reporting employee shall be kept confidential to the extent possible under law, unless the employee authorizes disclosure of identity in writing.
D. Retaliatory Action Unlawful.
1. Local government employees must provide written notice of retaliatory action within thirty days of action. This will be provided to an appropriate in-city contact from the list mentioned above.
2. The local government must respond within thirty days of receipt of written notice from an employee.
3. If employee believes notice has not been properly addressed by the local government, or relief from such reported retaliatory action has not been achieved from the local government within the thirty days, the whistleblower (employee reporting retaliatory action), has fifteen days from the date of local government response to report, or from the thirty-day response time allowed to the local government if no response received, to request a hearing to establish that retaliatory action has occurred and to obtain relief.
E. Hearings On Retaliatory Action.
1. Within five days of receiving the request for a hearing from the whistleblower, the local government shall apply to the state office of administrative hearings for an adjudicative proceeding before an administrative law judge.
2. The whistleblower must prove his or her claim by a preponderance of evidence.
3. 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.
4. The administrative law judge may reinstate the employee with or without pay, award costs and reasonable attorney’s fees to the prevailing party, impose a civil penalty personally upon the retaliatory of up to three thousand dollars and recommend that any person found to have retaliated be suspended with or without pay, or dismissed.
5. Penalties are paid to the local government administrative hearings account.
6. Final decision of the administrative law judge is subject to judicial review. (Ord. 1108 §2, 1993)
2.72.030 Administrative hearings—Costs.
The city shall contribute to the costs of administrative hearings required to enforce the local government whistleblower act through a surcharge added to the city’s audit by the Washington State Auditor’s office. Initially, this amount shall be at the rate of ten cents per hour of auditing time, and after June 30, 1995, the rate for this surcharge shall be based upon the amount collected and deposited into this fund and the remaining funds available.
Payment of this surcharge shall entitle the city to the first twenty-four hours of costs associated with the hearing review in each case. Any additional costs shall be determined by the administrative law judge at time of hearing. (Ord. 1108 §3, 1993)
2.72.040 Providing information to local government employees.
The city, upon adoption of the ordinance codified in this chapter, shall provide a copy to all city employees, shall post a summary of procedures for reporting improper acts and retaliatory actions, and shall include a copy of said ordinance and all addendum as an appendix item in the City Personnel Policies and Procedures Manual. This chapter and its addendum shall also be added to the list of materials received and understood, as initialed by item and signed in total, by all city employees. (Ord. 1108 §4, 1993)