Chapter 2.85
REPORTING IMPROPER GOVERNMENTAL ACTION
Sections:
2.85.030 Procedures for reporting.
2.85.040 Protection against retaliatory actions.
2.85.010 Policy statement.
It is the policy of the town of La Conner to encourage its employees to report improper governmental action taken by the town of La Conner officers or employees and to protect the town of La Conner policies and procedures. [Ord. 616, 1992.]
2.85.020 Definitions.
As used in this policy, the following terms shall have the meanings indicated:
(1) “Improper governmental action” means any action by a town of La Conner 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, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of collective bargaining or civil service laws, alleged violations of labor agreements or reprimands.
(2) “Retaliatory action” means any adverse change in the terms and conditions of a town of La Conner employee’s employment.
(3) “Emergency” means a circumstance that if not immediately changed may cause damage to persons or property. [Ord. 616, 1992.]
2.85.030 Procedures for reporting.
(1) Town of La Conner 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 town ombudsman or such other person as may be designated by the town council to receive reports of improper governmental action.
(2) In 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.
(3) The supervisor, the ombudsman or the town council’s designee, as the case may be, shall take prompt action to assist the town of La Conner in properly investigating the report of improper governmental action. Town of La Conner 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.
(4) Town of La Conner employees may report information about improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action if the employee reasonably believes that an adequate investigation was not undertaken by the town of La Conner to determine whether an improper governmental action occurred, or that insufficient action has been taken by the town of La Conner to address the improper governmental action or that for other reasons the improper governmental action is likely to recur.
(5) Town of La Conner employees who fail to make a good-faith attempt to follow the local’s procedures in reporting improper governmental action shall not receive the protections provided by the town of La Conner in these procedures. [Ord. 616, 1992.]
2.85.040 Protection against retaliatory actions.
(1) Town of La Conner officials and employees are prohibited from taking retaliatory action against a town of La Conner employee because he or she has in good faith reported an improper governmental action in accordance with these policies and procedures.
(2) Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the ombudsman or the town council’s designee. Town of La Conner officials and supervisors shall take appropriate action to investigate and address complaints of retaliation.
(3) If the employee’s supervisor, the ombudsman or the town council’s designee, 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 town council that:
(a) Specifies the alleged retaliatory action; and
(b) Specifies the relief requested.
(4) Town of La Conner employees shall provide a copy of their written charge to the town ombudsman no later than 30 days after the occurrence of the alleged retaliatory action. The town ombudsman shall respond within 30 days to the charge of retaliatory action.
(5) After receiving either the response of the town of La Conner or 30 days after the delivery of the charge to the ombudsman, 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 ombudsman within the earlier of either 15 days of delivery to the ombudsman’s response to the charge of retaliatory action, or 45 days of delivery of the charge of retaliation to the town council for response.
(6) Upon receipt of the request for hearing, the town of La Conner 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 Hearings
P.O. Box 42488
4224 Sixth S.E.
Rowe Six, Bldg. 1
Lacey, WA 98504-2488
(360) 459-6352
(7) The town of La Conner will consider any recommendation provided by the administrative law judge that the retaliator be suspended with or without pay, or dismissed. [Ord. 616, 1992.]
2.85.050 Responsibilities.
(1) The mayor is responsible for implementing the town of La Conner’s policies and procedures:
(a) For reporting improper governmental action; and
(b) For protecting employees against retaliatory actions.
(2) This includes ensuring that this policy and these procedures:
(a) Are permanently posted where all employees will have reasonable access to them;
(b) Are made available to any employee upon request; and
(c) Are provided to all newly hired employees.
(3) Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. [Ord. 616, 1992.]