(A) A “WHISTLEBLOWER” as defined by this policy is an employee of the city who reports an activity that he/she considers to be illegal or dishonest. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures. The Board of Works is charged with these responsibilities.
(B) Examples of illegal or dishonest activities are violations of federal, state or local laws; billing for services not performed or for goods not delivers; and other fraudulent financial reporting.
(C) If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee shall submit those concerns in writing to the City Attorney. Such employee reports of wrongdoing will be investigated by investigators selected by the City Attorney. In addition, other individuals may be included in reviewing the investigation findings at the discretion of the City Attorney.
(D) Employees should exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing shall be subject to disciplinary action up to and including termination of employment.
(E) Whistleblower protections are provided in two important areas - confidentiality and no retaliatory actions. Insofar as possible, the confidentiality of the whistleblower will be maintained. However, confidentiality is not guaranteed; the identity of the reporting individual may have to be disclosed to conduct a thorough investigation, to comply with the law, and to provide the accused individuals their legal rights of defense.
(F) The city will not retaliate against a whistleblower. This includes protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, and threats of physical harm.
(G) Any whistleblower who believes he or she is being retaliated against should submit their concerns in writing to the City Attorney immediately. Any report of retaliation shall be made within 30 days from the most recent incident. Any report of retaliation must state with particularity those actions that the employee making the report believes constitute retaliation. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated.
(H) All investigative reports of illegal and dishonest activities will be promptly submitted to the Board of Works who will be responsible for determining any wrongdoing and coordinating corrective actions.
(Ord. 2018-16, passed 1-7-19)