(a) RETALIATION PROHIBITED. No City officer or employee may take steps to terminate a contract with a City contractor; refuse to use a City contractor for contracted services; request that a City contractor terminate, demote, or suspend one of its employees; or take other similar adverse action against any City contractor or employee of a City contractor because the contractor or the contractor’s employee:
(1) filed a complaint with any supervisor within a City agency alleging that a City officer or employee engaged in improper government activity, misused City funds, caused deficiencies in the quality and delivery of government services, or engaged in wasteful and inefficient government practices;
(2) filed a complaint with any supervisor within a City agency alleging that another City contractor, or employee of another City contractor, engaged in unlawful activity, misused City funds, caused deficiencies in the quality and delivery of government services or engaged in wasteful and inefficient government practices; or
(3) provided any information in connection with or otherwise cooperated with any investigation conducted under this Chapter 1.
(b) COMPLAINTS OF RETALIATION.
(1) Administrative Complaints. Any City contractor or employee of a City contractor, who believes it, he, or she has been the subject of retaliation in violation of subsection (a) of this Section 4.117
may file a complaint with the Ethics Commission. The complaint must be filed no later than two years after the date of the alleged retaliation.
The Ethics Commission shall investigate complaints of violations of subsection (a) of this Section 4.117 pursuant to the procedures specified in Charter Section C3.699-13 and the regulations adopted thereunder. The Ethics Commission may decline to investigate complaints alleging violations of subsection (a) if it determines that the same or similar allegations are pending with or have been finally resolved by another administrative or judicial body. Nothing in this subsection shall preclude the Ethics Commission from referring any matter to any other City department, commission, board, officer, or employee, or to other government agencies for investigation and possible disciplinary or enforcement action. The Ethics Commission may refer matters to the Department of Human Resources with a recommendation. The Ethics Commission may require any City department to provide a written report regarding the department’s investigation and any action that the department has taken in response to the Ethics Commission’s referral, within a time frame that the Ethics Commission shall specify.
(2) Burden of Establishing Retaliation. In order to establish that retaliation occurred under this Section 4.117
, the Ethics Commission in an administrative proceeding must determine, by a preponderance of the evidence, that the complainant’s engagement in activity protected under subsection (a) was a substantial motivating factor for the adverse action. The respondent may rebut this claim if it demonstrates by a preponderance of the evidence that it would have taken the same adverse action irrespective of the complainant’s participation in protected activity.
(c) PENALTIES AND REMEDIES.
(2) Redress for Retaliatory Adverse Action. Following an administrative hearing and after making a finding that an adverse action has been taken for purposes of retaliation, the Ethics Commission may, subject to the Charter’s budgetary and contracting provisions, order the cancellation of retaliatory adverse action taken against a City contractor or employee of a City contractor.
(3) Discipline by Appointing Authority. Any City officer or employee who violates subsection (a) of this Section 4.117
shall be subject to disciplinary action up to and including dismissal by his or her appointing authority. If no disciplinary action is taken by the appointing authority, the Ethics Commission may refer the matter to the Civil Service Commission for action pursuant to Charter Section A8.341.
(d) NOTICE OF WHISTLEBLOWER PROTECTIONS. The Controller shall prepare, and each City department shall post, a notice of the whistleblower protections established by this Section 4.117
. City contractors shall distribute the notice of protections to all of their employees.
(Added by Ord. 299-18, File No. 180317, App. 12/21/2018, Eff. 1/21/2019; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)