For the purpose of this subchapter, the following definitions shall apply, any term not defined shall have the same meaning as such words and terms under the state's Whistle-blower's Act.
ADVERSE PERSONNEL ACTION. The discharge, suspension, transfer or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions or employment by the city.
CITY. All Palm Bay departments and all political subdivisions and special districts under the City Council's legislative authority.
EMPLOYEE. A person who performs services for, and under the control and direction of the city, for wages or other remuneration. Employee shall not include elected officials of the city.
FRAUDULENT ACTIVITY. Includes payment for services not performed or for goods not delivered; falsification, or alteration of documents; improprieties/misrepresentation in the handling or reporting of money or financial transactions; theft, misappropriation, misapplication, destruction, removal, or concealment of City property.
GROSS MISMANAGEMENT. A continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact.
GROSS WASTE OF PUBLIC FUNDS. An unnecessary or unauthorized expenditure of a substantial amount of money or a series of unnecessary or unauthorized expenditures of smaller amounts of money cumulatively amounting to a substantial amount of money.
ILLEGAL ACTIVITY. Violations of federal, state, or local laws including, but not limited to, accepting or offering bribes, kickbacks, or rebates.
IMPROPER GOVERNMENTAL ACTION. Any action by a city employee, an appointed member of a board, commission or committee or an elected official of the city that is undertaken in the performance of such person's duties with the city that is fraudulent activity, illegal activity, a gross waste of public funds or demonstrates gross mismanagement in violation of city policy or rules. The action need not be within the scope of the employee's, elected official's or board, commission or committee member's official duties to be subject to a claim of improper governmental action. IMPROPER GOVERNMENTAL ACTION does not include city 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, reprimands, or violations of collective-bargaining agreements.
RETALIATION or RETALIATORY ACTION. Any adverse personnel action taken because: (1) an employee lawfully disclosed information or filed an allowable complaint pursuant to this subchapter; (2) an employee testified, assisted or is scheduled to testify or assist in any investigation, action or proceeding relating to the lawful disclosure of information by another employee pursuant to this subchapter; or (3) the supervisor who imposed the adverse personnel action believed the employee receiving the adverse personnel action was involved in the activities described in parts (1) and (2) of this paragraph and such belief was the primary reason for the adverse personnel action.
WHISTLE-BLOWER. An employee who reports, to one or more of the parties specified in this subchapter, an activity that the employee considers to be illegal, dishonest, unethical, or otherwise improper.
(Ord. 2002-30, passed 4-18-02; Am. Ord. 2020-75, passed 11-5-20)