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HomeMy WebLinkAboutres1993-032WHATCOM COUNTY COUNCIL AGENDA BILL NOj4B93 -148 \RANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator. Executive fJ E u E V E D �;1 2 ���� %HATCOM COUNTY J CC ),UNCIL 4/27/93 Council Division Head: 5/11/93 Finance /council Dept. Head: 5/25/93 Finance /Council Prosecutor. Purchasing /Budget: Executive: '�0. SUBJECT.• A resolution establishing policies and procedures on .reporting improper government action and protecting employees against retaliation in accordance with the local government employee whistleblower act. ATTACHMENTS: Resolution Exhibit A: Wliatcom County Policies and Procedures on Reporting Improper Governmental Action and Protecting Employees against Retaliation SUMMARY STATEMENT.• for this item /project: $N /A umber(s): N/A Please complete sections of box as appropriate & explain the item below. Should Clerk schedule a Is it (or will it be) within budget? N/A YES / / NO In March 1992, the Washington State Legislature passed Senate Bill 6321 which provides for protection of local government employees who raise issues of improper government actions with their supervisors and with appropriate government agencies. According to Senate Bill 6321, local governments must enact specific policies for reporting improper government actions and must provide this information to its employees. The attached resolution adopts Exhibit A, Whatcom County Policies and Procedures on Reporting Improper Governmental Action and Protecting Employees against Retaliation. ORIGINATOR'S RECOMMENDED ACTION.- Pass COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN.- 4/27/93: Referred to finance and personnel committee 5/11/93: Council voted to postpone until May 25; held in Finance and Personnell Committee. 5/25/93: Council approved the resolution with amendments. 6 -0 with Henderson absent. Related File Numbers: Ordinance or Resolution Number (this item only): R93 -032 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 3 /23 /93 1 RESOLUTION NO. 93 -032 2 A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES 3 FOR REPORTING IMPROPER GOVERNMENT ACTION AND 4 PROTECTING EMPLOYEES AGAINST RETALIATION 5 .WHEREAS, in March 1992, the Washington State Legislature passed Senate Bill 6 6321 which provides for protection of local government employees who raise issues of 7 improper government actions with their supervisors and with appropriate government 8 agencies; and, 9 WHEREAS, according to Senate Bill 6321, local governments must enact specific 10 policies for reporting improper government actions and must provide this information to its 11 employees. 12 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that 13 Exhibit A, Whatcom County Policies and Procedures on Reporting Improper Governmental 14 ' Action and Protecting Employees Against Retaliation, is hereby adopted. 15 APPROVED this 25th day of Mai , 1993. 16 17 ATTEST: 18 7Cyt uq - e- 19 Council Clerk 20 APPROVED AS TO FORM :' 21 i ��`% - �• 41". 22 Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON kfargar4 M. Laidlaw, Chair Page 1 EXHIBIT A WHATCOM COUN'T'Y POLICIES AND PROCEDURES ON REPORTING IMPROPER GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST RETALIATION Policy Statement It is the policy of Whatcom County Government (1) to encourage reporting by its employees of improper governmental action taken by Whatcom County government officers or employees and (2) to protect Whatcom County government employees who have reported improper governmental actions in accordance with Whatcom County government'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 Whatcom County government officer or employee: a. That is undertaken in the course of an officer's or employee's performance of his or her 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, reprimands or any other terms and conditions of employment. 2. "Retaliatory action" means any adverse change in the terms and conditions of a Whatcom County government employee's employment in response to that employee's role in reporting improper governmental action in accord with the policies and procedures set forth herein. 3. 'Emergency" means a circumstance that if not immediately changed may cause damage to persons or property. Page 1 Procedures for Reporting Any Whatcom County government employee who becomes aware of improper governmental actions should raise the issue first with his or her department head. Where the employee believes the improper governmental action involves his or her department head, the employee shall raise the issue first with the Whatcom County Personnel Director or the Whatcom County Prosecuting Attorney or their designee. The employee shall submit a written report to his or her department head, to the Whatcom County Personnel Director or to the Whatcom County Prosecuting Attorney, as the case may be. The report shall explain in detail the basis for the employee's belief that an improper governmental action has occurred. 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 governmental agency (see attached list of agencies) with responsibility for investigating the improper action. Within three (3) days of receiving a written report from a Whatcom County government employee, the department head, the Personnel Director, the Prosecuting Attorney, or their designee, as the case may be, shall complete the top portion of an Improper Governmental Action reporting form (Exhibit B) and shall forward a copy of the completed reporting form and a copy of the employee's written report to the - Whatcom County Executive. An initial determination whether, on its face, the employee's report sets forth improper governmental action and whether an investigation is warranted shall be noted on the reporting form. If an investigation is warranted, it will be the responsibility of the department head, the Personnel Director, the Prosecuting Attorney, or their designee to ensure the proper investigation of the employee's report. Persons involved with and /or indicated in the report of improper governmental action shall be contacted and provided with an opportunity to respond to the report. Whatcom County government 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. A written report on the persons interviewed, details and findings of the investigation as well as recommended action shall be completed on the bottom portion of the Improper Governmental Action reporting form. A copy of the completed reporting form along with a copy of any investigation responses shall be forwarded to the Whatcom County Executive within thirty (30) days of the employee's report. If the investigation will take more than 30 days to complete, the reporting employee and County Executive shall be notified. The County Executive shall review the reports and shall make the final determination on actions to be taken. The employee reporting the improper governmental action shall be provided with a summary of the results of any investigation and actions taken, except that personnel actions taken as a result of the investigation may be kept confidential. The Personnel Director will maintain files on all associated paperwork regarding a report of Improper Governmental Action. Page 2 If the employee reasonably believes that an adequate investigation was not undertaken, the employee shall next raise the issue with: 1) the Personnel Director or the Prosecuting Attorney if the initial report was given to his or her department head; or, 2) the Personnel Director if the initial report was given to the Prosecuting Attorney; or, 3) the Prosecuting Attorney if the initial report was made to the Personnel Director. A copy of the initial written report, a copy of the written response and a list of reasons why the employee feels the initial investigation was inadequate shall be submitted to the Personnel Director or the Prosecuting Attorney or their designee, as the case may be. After a final investigation has been completed, the Personnel Director, the Prosecuting Attorney or their designee, as the case may be, shall respond in writing to the report of improper governmental action. A copy of the written response shall be forwarded to the Whatcom County Executive. The employee reporting the improper governmental action shall be advised of the results of the final investigation, except that personnel actions taken as a result of the investigation may be kept confidential. Whatcom County government employees may report information about improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action if the Whatcom County government employee reasonably believes that an adequate investigation was not taken by Whatcom County government to determine whether an improper governmental action occurred, or that insufficient action has been taken by Whatcom County government to address the improper governmental action or that for other reasons the improper governmental action is likely to recur. Whatcom County government employees who fail to make a good -faith attempt to follow the Whatcom County government's procedures in reporting improper governmental action shall not be entitled to receive the protections provided by Whatcom County government in these procedures. Nothing in these policies and procedures shall be construed to interfere with an employee's right to communicate with his or her union representative concerning improper governmental action, or with Whatcom County elected officials, including county Councilpersons, concerning the same. Such elected officials, upon receiving such information, shall facilitate the employee's reporting to the appropriate designated person(s) per this policy. The employee's communication with union representatives or elected officials does not discharge the employee's duty to follow the procedures set forth herein in order to avail himself or herself of the protections of this policy. Protection Against Retaliatory Actions Whatcom County government officials and employees are prohibited from taking retaliatory action against a Whatcom County government 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 his or her department head, the Personnel Director or Prosecuting Attorney. Whatcom County government officials and department heads shall take appropriate action to investigate and address complaints of retaliation. Page 3 If the employee's department head, the Personnel Director 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 Whatcom County Executive no later than thirty (30) days after the occurrence of the alleged retaliatory action that: 1) specifies the alleged retaliatory action and 2) specifies the relief requested. The Whatcom County Executive shall respond within thirty (30) days of receipt of the written notice of a charge of retaliatory action. After receiving either the response of Whatcom County government or thirty days after the delivery of the charge to Whatcom County government, 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 Whatcom County Executive within the earlier of either fifteen (15) days of delivery of the Whatcom County government's response to the charge of retaliatory action, or forty -five (45) days of delivery of the charge of retaliation to Whatcom County government for response. Upon receipt of request for hearing, Whatcom County government shall apply within five (5) 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 (206) 459 -6353 Whatcom County government will review any recommendation provided by the administrative law judge that the retaliator be suspended with or without pay, or dismissed. Responsibilities The Personnel Director, the Prosecuting Attorney or their designee is responsible for implementing Whatcom County government'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 and department heads 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. Page 4 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 Personnel Director, the Prosecuting Attorney or their designee. CnT OF BELLINGHAM Attorney General's Office Regional Office Legal Department 103 E. Holly City Hall Bellingham, WA 98225 Bellingham, WA 98225 (206) 676 -2037 (206) 676 -6903 State Auditor's Office City of Bellingham Police Department 215 W. Holly City Hail Bellingham, WA 98225 Bellingham, WA 98225 (206) 676 -2165 (206) 676 -6913 State Department of Ecology WHATCOM COLTNrY ' 3190 160th S.E. Bellevue, WA 98008 -5852 Whatcom County Prosecuting Attorney (206) 649 -7000 5th Floor, Whatcom County Courthouse Bellingham, WA 98225 Human Rights Commission (206) 676 -6784 402 Evergreen Plaza Bldg., FJ -41 711 South Capitol Way Buildings & Code Olympia, WA 98504 -2490 5280 Northwest Road Bellingham, WA 98225 State Department of Health (206) 676 -6907 Health Consumer Assistance P.O. Box 4789 Environmental Health Olympia, WA 98504 -7891 509 Girard Street 800 -525 -0127 Bellingham, WA 98225 (206) 676 -6724 Department of Labor & Industries 2500 Elm, Suite F Solid Waste Bellingham, WA 98225 316 Lottie Street (206) 676 -2083 Bellingham,•WA 98225 (206) 676 -7695 State Liquor Control Board Enforcement Office Whatcom County Sheriffs Department 2500 Elm Public Safety Building Bellingham, WA 98225 Bellingham, WA 98225 (206) 676 -2073 (206) 676 -6550 Department of Natural Resources STATE OF WASHINGTON P.O. Box 68 Enumclaw, WA 98022 Department of Agriculture (206) 825 -1631 Horticultural Office 1000 N. Forest Street Puget Sound Water Quality Authority Bellingham, WA 98225 P.O. Box 40900 (206) 676 -6739 Olympia, WA 98504 (206) 493 -9300 Air Pollution Authority Northwest 302 Pine, Suite 307 Mt. Vernon, WA 98273 (206) 428 -1617 800- 622 -4627 Page 5 Department of Social & Health Services U.S. Department of Education 4101 Meridian Office of Inspector General Bellingham, WA 98226 915 Second Avenue (206) 647 -3000 Seattle, WA Fraud Complaints Audits 800 -562 -6025 (206) 553-0657 Investigations Transportation Department (206) 553 -1482 512 Sunset Drive (206) 734 -2980 Bellingham, WA 98225 (206) 676 -2100 Environmental Protection Agency (206) 553 -8286 Criminal Investigations Washington Utilities and 1200 Sixth Avenue Transportation Commission Seattle, WA 2500 Elm, Suite B (206) 553 -8306 Bellingham, WA 98225 (800) 4244372 (206) 676 -2149 Federal Emergency Management Agency Equal Employment Opportunity Commission UNITED SPATES 2815 Second, Suite 500 Seattle, WA Department of Agriculture (206) 553 -0968 Office of Inspector General 915 Second Avenue Seattle, WA Federal Bureau of Investigation 104 W. Magnolia Supervisor Auditor Bellingham, WA 98225 (206) 553 -8290 (206) 734 -2980 Supervisor Special Agent Investigation Federal Communications Commission (206) 553 -8286 1330 Loomis Trail Road Custer, WA 98240 Alcohol Tobacco & Firearms (206) 354 -4892 Criminal Enforcement 915 Second Avenue Seattle, Wa Federal Emergency Management Agency (206) 553-0485 130 228th Street S.W. Bothell, WA U.S. Attorney (206) 4874600 800 Fifth Avenue Seattle, Wa (206) 553 -7970 Federal Trade Commion 915 Second Avenue Department of Commerce Seattle, WA (206) 553-4656 Law Enforcement Office 104 W. Magnolia Bellingham, WA 98225 General Services Administration (206) 676 -9268 Public Buildings Service Federal Building Government Accounting Office Bellingham, WA 98225 Fraud Hot Line 800 -424 -5454 (206) 676 -8440 Consumer Product Safety Commission Office of Inspector General Hot Line Audits 800 - 638 -2772 (206) 931 -7650 Investigations U.S. Customs (206) 931 -7654 Federal Building Law Enforcement Bellingham, WA 98225 (206) 553-0290 (206) 734 -5463 Page 6 Department of Health & Human Services Food & Drug Administration 22201 23rd Drive S.E. Bothell, WA Trade Complaints (206) 483-0949 Office of the Regional Secretary General Counsel's Office, Inspector General Audits (206) 553 -0452 Investigations (206) 553-0229 Department of Housing and Urban Development Office of Counsel 1321 Second Avenue Seattle, WA 553-0976 Office of Inspector General Audits (206) 553-0270 Investigations (206) 553-0272 Interstate Commerce Commission 915 Second Avenue, Room 1894 Seattle, WA 98174 (206) 553 -5421 Department of Interior Fish & Wildlife Services 104 W: Magnolia Bellingham, WA 98225 (206) 733 -0963 Department of Justice Drug Enforcement Administration 170 "C" Blaine, WA 98230 (206) 332 -8692 Department of Labor Occupational Safety & Health (OSHA) 1111 Third Avenue, Suite 715 Seattle, WA 98101 -3212 (206) 553 -5930 Office of Inspector General Audits Suite 780 (206) 553 -4880 Investigations Suite 785 Office of Women's Bureau Suite 885 Page 7 Mine Safety & Health Administration 117 107th N.E. Bellevue, WA (206) 553 -7037 National Transportation Safety Board 19518 Pacific Highway South Seattle, WA (206) 764 -3782 Nuclear Regulatory Commission 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 Treasury Internal Revenue Service 104 W. Magnolia Bellingham, WA 98225 Department of Veterans Affairs Office of Inspector General 915 Second Avenue Seattle, WA 98174 Fraud/Waste /Abuse Hot Line 800-488 -8244 WHISMF -393 5/25/93