HomeMy WebLinkAbout09-96 - Res. Adopting a Mason County Whistleblower Policy RESOLUTION NO. 9-96
ADOPTING A MASON COUNTY
WHISTLEBLOWER POLICY
WHEREAS, RCW 36.32.110(6) states that the Board of County Commissioners
have responsibility for the management of county business;
WHEREAS, RCW 42.41.030(2) requires that each local government adopt a policy
which provides a mechanism for employees to report improper governmental action and;
WHEREAS, RCW 42.41.040 makes it unlawful for a local government official to
take retaliatory action against an employee who in good faith reported improper
governmental action;
NOW, THEREBY, BE IT RESOLVED, the Board of County Commissioners does
hereby establish the Mason County Whistleblower Policy
SIGNED this 16th day of January, 1996.
BOARD OF COUNTY COMMISSIONERS
Absent 1/16/96
MARY CADY, CHAIRPERSON
MARV L. FAUGHENDER, COMMISSIONER
WILLIAM O. HUNTER, COMMISSIONER
ATTEST:
REBECCA S. ROGERS, CLEF*OF THE BOARD
RVl i WED AS TO FORM:
'f 0'
Michael Clift, Chief Deputy Prosecuting Attorney
c: Elected Officials
Departnent Heads
MASON COUNTY
WHISTLEBLOWER POLICY
General Policy:
In compliance with the Local Government Employee Whistleblower Protection Act, RCW
42.41, this policy is created to encourage employees to disclose any improper
governmental action taken by county officials or employees without fear of retaliation.
This policy also safeguards legitimate employers interests by encouraging complaints to
be made first to the County, with a process provided for speedy dispute resolution.
Key Definitions:
Improper Governmental Actions: any action by a county officer or employee that is:
(1) undertaken in the performance of the official's or employee's official duties,
whether or not the action is within the scope of the employee's employment,
and
(2) in violation of any federal, state or local law or rule, is an abuse of authority,
is of substantial and specific danger to the public health or safety, or is a
gross waste of public funds.
(3) "improper governmental action"does not include personnel actions including
but not limited to employee grievances, complaints, appointments,
promotions, transfers, assignments, reassignments, reinstatements,
restorations, reemployments, performance evaluations, reductions in pay,
dismissals, suspensions, demotions, violations of the local government
collective bargaining and civil service laws, alleged labor agreement
violations, reprimands, or any action that may be taken under chapter 41.14
or 41.56 RCW.
Retaliatory Action: "Retaliatory action" means: (a) Any adverse change in a local
government employee's employment status, or 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 actions; or (b) hostile actions by another employee towards a local
government employee that were encouraged by a supervisor or senior manager or
official.
EmergenM- a circumstance that if not immediately changed may cause damage to
persons or property.
MASON COUNTY WHISTLEBLOWER POLICY
Page 2
Procedure for Reporting Improper Government Action: County employees who become
aware of improper governmental action should follow this procedure:
(1) Bring the matter to the attention of the Board of County Commissioners or
the Prosecuting Attorney, in writing, stating in detail the basis for the
employee's belief that an improper action has occurred. This should be
done as soon as the employee becomes aware of the improper action.
(2) The Board of County Commissioners or their designee, or the Prosecuting
Attorney shall promptly investigate the report of improper government action.
After the investigation is completed (within thirty (30) days of the employee's
report), the employee shall be advised of the results of the investigation,
except that personnel actions taken as a result of the investigation may
be kept confidential.
An employee who fails to make a good faith effort to follow this policy shall not be entitled
to the protection of this policy against retaliation, pursuant to RCW 42.41.030.
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 bypass the
above procedure and report the improper action directly to the appropriate government
agency responsible for investigating the improper action.
Employees may report information about improper governmental action directly to an
outside agency if the employee reasonably believes that an adequate investigation was
not undertaken by the County to determine whether an improper government action
occurred, or that insufficient action was taken by the County to address the improper
action or that for other reasons the improper action is likely to recur.
Protection Against Retaliation: It is unlawful for a local government to take retaliatory
action because an employee, in good faith, provided information that improper
government action occurred. Employees who believe they have been retaliated against
for reporting an improper government action should follow this procedure:
Procedure for Seeking Relief Against Retaliation:
(1) Employees shall provide a written complaint to the Board of County
Commissioners or Prosecuting Attorney within thirty (30) days of the
occurrence of the alleged retaliatory action. The written charge shall specify
the alleged retaliatory action and the relief requested.
MASON COUNTY WHISTLEBLOWER POLICY
Page 3
(2) The Board of County Commissioners or their designee, or the Prosecuting
Attorney shall investigate the complaint and respond in writing within thirty
(30) days of receipt of the written charge.
(3) After receiving the County's response, the employee may request a hearing
before a state administrative law judge (ALJ) to establish that a retaliatory
action occurred and to obtain appropriate relief under the law. The request
for hearing must be delivered within the earlier of either fifteen (15) days of
receipt of the County's response to the charge of retaliatory action or forty-
five (45) days of receipt of the charge of retaliation to the Board of County
Commissioners for response.
(4) Within five (5) working days of receipt of a request for hearing the County
shall apply to the State Office of Administrative Hearing's for an adjudicative
proceeding before an administrative law judge. At the hearing, the
employee must prove that a retaliatory action occurred by a preponderance
of the evidence in the hearing. The AU will issue a final decision not later
than forty-five (45) days after the date of the request for hearing, unless an
extension is granted.
Policy implementation: The Board of County Commissioners is responsible for
implementing these policies and procedures. This includes posting the policy on the
County bulletin board, making the policy available to any employee upon request, and
providing the policy to all newly hired employees. Officers, managers and supervisors 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.
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