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Home My WebLink About068 - Reporting Improper Gov Action ADMINISTRATIVE ORDER NO. 68 • TO: All wDepartme s FROM: Gary Crutchfi anager DATE: January 1, 1993 SUBJECT: REPORTING IMPROPER GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST RETALIATION The following Administrative Order is effective immediately. I. POLICY STATEMENT. It is the policy of the City of Pasco (1 ) to encourage reporting by its employees of any improper governmental action taken by officers or employees of the organization and (2) to protect employees who have reported improper governmental actions in accordance with these policies and procedures . Il, DEFINITIONS. As used in this policy, the following terms shall have the meanings indicated: • a. " Improper governmental action" means any action by a City of Pasco officer or employee: 1 . That is undertaken in the performance of the officer's or employee's official duties, whether or not the action is within the scope of the employee's employment; and 2. That (i) is in violation of any federal, state, or local law or rule, (ii) is an abuse of authority, (iii) is of substantial and specific danger to the public health or safety or (iv) is a gross waste of public funds. "Improper governmental action" does not include personnel actions, including employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, . - demotions, violations of collective bargaining or civil service laws, alleged violations of labor agreements or reprimands. b. " Retaliatory action" means any adverse change in an employee's employment status or in the terms and conditions of employment. G " Emergency" means a circumstance that if not immediately changed may cause damage to persons or property. • ADMINISTRATIVE ORDER - PAGE 1 REPORTING IMPROPER GOVERNMENTAL ACTION III. PROCEDURES FOR REPORTING. Except as provided for herein, employees who become aware of improper governmental actions should raise the issue first with the Pasco City Manager. If requested by the City Manager, the employee shall submit a written report to the City Manager, or to some person designated by the City Manager, stating in detail the basis for the employee's belief that an improper governmental action has occurred. 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 report the improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action. The City Manager, or the City Manager's designee, as the case may be, shall take prompt action to properly investigate the report of improper governmental action. City officers and employees involved in the investigation shall keep the identity of reporting employees on a "need to know" basis for purposes of an adequate investigation, and confidential to the extent reasonably possible under law, unless the employee authorizes the disclosure of his or her identity in writing. After an investigation has been completed, the employee reporting the improper governmental action shall be advised of a summary of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. • City employees may report information about improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action if. (1) the improper governmental action involves the City Manager, or (2) the City of Pasco employee reasonably believes that (a) an adequate investigation was not undertaken by the City of Pasco to determine whether an improper governmental action occurred; or (b) that insufficient action has been taken by the City of Pasco to address the improper governmental action; or (c) that for other reasons the improper governmental action is likely to reoccur. City employees who fail to make a good-faith attempt to follow these procedures in reporting improper governmental action shall not receive the protections provided by this policy. IV. PROTECTION AGAINST RETALIATORY ACTIONS. City officials and employees are prohibited from taking retaliatory action against an employee because he or she has in good faith reported an improper governmental action in accordance with these policies and procedures. Employees who believe that they have been retaliated against for reporting an improper governmental action should advise the City Manager or the City Manager's designee. City officials and supervisors shall take appropriate • ADMINISTRATIVE ORDER - PAGE 2 REPORTING IMPROPER GOVERNMENTAL ACTION action to investigate and address complaints of retaliation. . If the City Manager, or the City Manager's designee, as the case may be, does not satisfactorily resolve an employee's complaint that he or she has been retaliated against in violation of this policy, the City employee may obtain protection under this policy and pursuant to state law by providing a written notice to the Pasco City Council that: a. Specifies the alleged retaliatory action; and, b. Specifies the relief requested. City employees shall file their notice with the City Council and provide a copy of their written charge to the City Manager no later than thirty (30) days after the occurrence of the alleged retaliatory action. The City shall respond in writing to the employee within thirty (30) days to the charge of retaliatory action. After receiving either the response of the City or thirty days after the delivery of the charge to the City, the employee may request a hearing before a state administrative law judge to establish that a retaliatory action occurred and to obtain appropriate relief provided by law. An employee seeking a hearing should deliver the request for hearing to the City Manager within the earlier of either fifteen (15) days of delivery of the City's response to the charge of retaliatory action, or forty-five (45) days of delivery of the charge of . retaliation to the City for response. Upon receipt of requests for hearing, the City shall apply within five (5) working days to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge: Office of Administrative Hearings P. 0. Box 42488, 4224 Sixth S.E. Rowe Six, Bldg 1 Lacey, WA 98504-2488 (206) 459-6353. The City Manager will consider any recommendation made by the administrative law judge in his/her Decision, that the retaliator be suspended with or without pay, or dismissed. V. RESPONSIBILITIES. The City Manager is responsible for implementing the City's policies and procedures (1) for reporting improper governmental action and (2) for protecting employees against retaliatory actions. This includes ensuring that this policy and these procedures (1 ) are permanently posted where all employees will have reasonable access to them, (2) are made available to any employee upon request and (3) are provided to all newly-hired employees. Officers, managers and • ADMINISTRATIVE ORDER - PAGE 3 REPORTING IMPROPER GOVERNMENTAL ACTION supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Violations of this policy shall be • subject to the imposition of discipline, including discharge. VI. LIST OF AGENCIES. Following is a list of agencies responsible for enforcing federal, state and local laws and investigating other issues involving improper governmental action. Employees having questions about these agencies or the procedures for reporting improper governmental action are encouraged to contact the City Attorney. CITY OF PASCO STATE OF WASHINGTON Pasco City Attorney Attorney General's Office 412 West Clark Street Fair Practices Division P. O. Box 293 2000 Bank of California Center Pasco, WA 99301 900 Fourth Avenue 545-3406 Seattle, WA 98164 (206) 464-6684 Pasco City Prosecutor 323 West Lewis Street State Auditor's Office P. O. Box 293 Legislative Building • Pasco, WA 99301 P. O. Box 40021 545-3409 Olympia, WA 98504-0021 (206) 753-5280 Pasco Police Department Public Safety Building, Room 223 State Department of Ecology 1016 North 4th Avenue 3190 160th S.E. Pasco, WA 99301 Bellevue, WA 98008-5852 545-3421 (206) 649-7000 FRANKLIN COUNTY Human Rights Commission 402 Evergreen Plaza Bldg., FJ-41 Franklin County Prosecuting Attorney 711 South Capitol Way 618 West Clark Street Olympia, WA 98504-2490 P. O. Box 1160 (800) 662-2755 Pasco, WA 99301- 1160 545-3543 State Department of Health Health Consumer Assistance Franklin County Sheriff's Department P. O. Box 4789 Public Safety Building, Room 219 Olympia, WA 98504-7891 1016 North 4th Avenue (800) 525-0127 Pasco, WA 99301 545-3500 Department of Labor & Industries 300 West Harrison, Room 201 Seattle, WA 98119 (206) 281-5400 ADMINISTRATIVE ORDER - PAGE 4 REPORTING IMPROPER GOVERNMENTAL ACTION State Liquor Control Board Equal Employment Opportunity Commission Enforcement Office 2815 Second, Suite 500 2101 Sixth Avenue Seattle, WA 98121 Seattle, WA 98121 (206) 553-0968 • (206) 464-6094 Federal Emergency Management Agency Department of Natural Resources 130 228th Street S.W. P. 0. Box 68 Bothell, WA 98021 Enumclaw, WA 98022 (206) 487-4600 (206) 825-1631 General Services Administration Puget Sound Water Quality Authority 915 Second Avenue P. O. Box 40900 Seattle, WA 98104 Olympia, WA 98504 (206) 493-9300 Office of Inspector General Department of Social and Health Services Audits Investigations Special Investigation Office (206) 931-7650 (206) 931-7654 5200 Southcenter Blvd, Suite 23 Tukwila, WA 98188 Law Enforcement (206) 764-4048 (206) 553-0290 Fraud Complaints Department of Health & Human Services (800) 562-6025 Food & Drug Administration 22201 23rd Drive S.E. UNITED STATES Bothell, WA 98012 U. S. Attorney Trade Complaints 800 Fifth Avenue (206) 483-4949 • Seattle, WA 98104 (206) 553-7970 Office of the Regional Secretary General Counsel's Office Department of Commerce Inspector General Office of Inspector General Audits Investigations Office of Audits (206) 553-0452 (206) 553-0229 915 Second Avenue Seattle, WA 98104 Department of Housing and Urban (206) 553-0801 Development Office of Counsel Government accounting Office 1321 Second Avenue Fraud Hot Line (800) 424-5454 Seattle, WA 98101 (206) 553-4976 U. S. Customs Service Office of Enforcement Office of Inspector General 909 First Avenue Seattle, WA 98104 Audits Investigations (206) 553-7531 (206) 553-0270 (206) 553-0272 Environmental Protection Agency Interstate Commerce Commission Criminal Investigations 915 Second Avenue, Room 1894 1200 Sixth Avenue Seattle, WA 98174 Seattle, WA 98101 (206) 553-5421 (206) 553-8306 is ADMINISTRATIVE ORDER - PAGE 5 REPORTING IMPROPER GOVERNMENTAL ACTION Department of Justice Drug Enforcement Administration 220 West Mercer, Suite 300 Seattle, WA 98119 • (206) 553-5443 Department of Labpr Occupational Safety & Health (OSHA) 1111 Third Avenue, Suite 715 Seattle, WA 98101-3212 (206) 553-5930 Office of Inspector General Audits 1111 Third Avenue, Suite 780 Seattle, WA 98101 -3212 (206) 553-4880 Investigations 1111 Third Avenue, Suite 785 Seattle, WA 98101-3212 Office of Women's Bureau 1111 Third Avenue, Suite 885 Seattle, WA 98101-3212 Department of Transportation Office of Inspector General • 915 Second Avenue Seattle, WA 98178 (206) 553-5720 Department of Treasury Bureau of Alcohol, Tobacco & Firearms Law Enforcement Division 915 Second Avenue, Room 806 Seattle, WA 98174 Department of Veterans Affairs Office of Inspector General 915 Second Avenue Seattle, WA 98174 Fraud/Waste/Abuse Hot Line (800) 488-8244 ADMINISTRATIVE ORDER - PAGE 6 REPORTING IMPROPER GOVERNMENTAL ACTION