[Ord. No. 3682 §§1 —
3, 6-19-2006]
A.
Purpose.
1.
This Article sets forth the policy of the City concerning employee
disclosure of misconduct and the protection of employees from retaliation
for disclosing what the employee believes evidences certain unlawful,
wasteful or hazardous practices. This policy is applicable to all
employees of the City.
2.
The City is committed to operating legally and ethically at all times.
Therefore, employees are required to report violations of laws, regulations
and policies that they either observe or reasonably suspect. Failure
to report a known violation shall result in disciplinary action.
3.
It is the policy of the City that common sense and sound business
judgment is the key to determining whether conduct complies with ethical
and legal standards. All City employees encountering a situation that
may involve fraud, misuse of property or theft such that they feel
uncomfortable or unsure are required to ask:
4.
It is also the policy of the City that any employee shall be free
without fear of retaliation to make known allegations of alleged misconduct
existing with the City that he reasonably believes evidences:
5.
No retaliation of any kind shall be tolerated against an employee
who makes a good faith report of any known or suspected violation,
even if further investigation finds the report to be erroneous. In
particular, no officer or employee of the City shall take or refuse
to take any personnel action as retaliation against an employee who
discloses information regarding misconduct under this policy or who,
following such disclosure, seeks a remedy provided under this policy
or any other law, rule or regulation.
6.
To the extent possible, reports of misconduct shall be kept anonymous
when requested by the reporting individual. Every effort shall be
made to preserve the confidentiality of the report of misconduct.
7.
Alleged acts of retaliation shall be investigated by the City Manager
or its designee.
8.
Any employee found to have known of misconduct but failed to report
shall be subject to disciplinary action.
9.
Any employee who purposely makes a false report of an alleged violation
shall be subject to disciplinary action and may be subject to other
legal action.
B.
Procedure For Disclosure.
1.
An employee shall disclose all relevant information regarding evidenced
misconduct to the City Manager or his designee in a signed written
document within three (3) days of the day on which he knew or reasonably
should have known of the misconduct. He may also contact the City
Clerk and make his disclosure if said disclosure involves the City
Manager.
2.
If the disclosure is made to the City Clerk, he shall immediately
report same to the Mayor and each member of the Council.
3.
If the disclosure is made to the City Manager or his designee, said
individual shall consider the disclosure and take whatever action
he determines to be appropriate under the law and circumstances of
the disclosure.
4.
In the case of disclosure of misconduct involving City funds, the
City Manager or his designee shall immediately report same to the
Mayor and City Council.
C.
Complaints Of Retaliation As A Result Of Disclosure.
1.
If any employee believes that he has been retaliated against in the
form of an adverse personnel action for disclosing information regarding
misconduct under this policy, he may file a written complaint requesting
an appropriate remedy with the City Manager or his designee within
ten (10) days after he knew or reasonably should have known of the
adverse personnel action, whichever is later.
2.
All complaints filed under this Section shall include, at a minimum,
the following:
a.
The name and address of complainant;
b.
The name and title of the each City Officer or employee against whom
the complaint is made;
c.
The specific type of each adverse personnel action taken;
d.
A clear and concise statement of the facts that form the basis of
the complaint;
e.
The specific date on which each adverse personnel action was taken;
f.
A clear and concise statement of the complainant's explanation of
how his previous disclosure of misconduct is related to the adverse
personnel action; and
g.
A clear and concise statement of the remedy sought by the complainant.
3.
Within thirty (30) calendar days of receipt of the complaint, the
City Manager or his designee:
4.
The determination shall be in writing and shall include the findings
of fact, the conclusions of the investigation and, if applicable,
a specific and timely remedy consistent with the findings.
5.
Copies of all determinations shall be tendered to the Mayor and the
City Council upon completion.
