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Home My WebLink AboutN-216 - Reporting Improper Gov't ActionCITY OF PASCO ADMINISTRATIVE ORDERS Administrative Order No. 216 Personnel Policies & Procedures Subject: Reporting Improper Governmental Action and Protecting Employees From Retaliation Initial Effective Date: January 1, 1993 Revised 1 2 / 4 Approved This Administrative Order is effective January 27, 2014, and supersedes Administrative Order No. 68, dated 1/1/93. I. II. III. IV. PURPOSE: The purpose of this administrative order is to: 1) Encourage reporting by employees of any improper governmental action taken by officials or employees of the City; and 2) To protect employees who have accordance with the following policy. DEPARTMENTS AFFECTED: All ATTACHMENTS: A. Agency Contact Information DEFINITIONS: reported improper governmental actions in A. Improper governmental action means any action by a City of Pasco official or employee that is: 1. 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. In violation of any federal, state, or local law or rule; an abuse of authority; of substantial and specific danger to the public health or safety; or a gross waste of public funds. Improper governmental action does not include personnel actions, including employee grievances, complaints, appointments, promotions, transfers, assignments, re- assignments, reinstatements, restorations, re- employments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of collective bargaining or civil service laws, alleged violations of labor agreements, reprimands or any action taken under RCW 41.08 (Civil Service for Firefighters), 41.12 (Civil Service for City Police), 41.56 (Public Employees Collective Bargaining). B. Retaliatory action means 1. 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 action; or 2. Hostile actions by another employee toward a local government employee that were encouraged by a supervisor or senior manager or official. C. Emergency means a circumstance that if not immediately changed may cause damage to persons or property. IV. POLICY: A. Employees who become aware of improper governmental actions should report their concerns, in writing, to the City Manager. This written report to the City Manager, or his/her designee, should state in detail the basis for the employee's belief that an improper governmental action has occurred. The information should be detailed to facilitate a viable investigation by the City or another agency. The employee shall have 30 days from the date of occurrence to provide the written notice to the City Manager. B. The City Manager, or his/her designee, shall take prompt action to properly investigate the report of improper governmental action. City officials, employees, or outside entities involved in the investigation shall keep the identity of reporting employees on a "need to know" basis and confidential to the extent reasonably possible under the law. The employee, however, may authorize the disclosure of his/her identity in writing. After an investigation has been completed, the employee who made the initial report shall be advised, in summary, of the results of the investigation. However, personnel actions taken as a result of the investigation will be kept confidential and not released. C. City employees may report information about improper governmental action directly to the applicable government agency with responsibility for investigation improper action if 1. The improper governmental action involves the City Manager; 2. The reporting 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 Administrative Order No. 216 — Reporting Improper Governmental Action Page 2 c. That for other reasons the improper governmental action is likely to reoccur. D. 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 applicable government agency with responsibility for investigating the improper action. E. City employees who fail to make a good faith effort to follow these procedures in reporting improper governmental action shall not receive the protections provided by this policy. V. PROTECTION AGAINST RETALIATORY ACTIONS: A. City officials and employees are prohibited from taking retaliatory action against an employee because s/he has, in good faith, reported an improper governmental action in accord with this policy. B. Employees who believe they have been retaliated against for reporting an improper governmental action shall provide a written notice of the charge of retaliatory action to the City Manager, to include specifics of the alleged retaliatory action(s). C. City officials and supervisors shall take appropriate action to investigate and address complaints of retaliation. The City Manager shall have 30 days in which to conduct his/her investigation and respond, in writing, to the employee. D. If the City Manager, or his/her designee, does not satisfactorily resolve an employee's complaint that s/he has been retaliated against, in violation of this policy, the employee may obtain protection under this policy and provide a written notice to the Pasco City Council that: 1. Specifies the alleged retaliatory action; and, 2. Specifies the relief requested. E. The City employee must file notice and provide a copy of the written charges to the City Council, no later than 30 days following the date of the City Manager's response. F. The City Council shall have 30 days from receipt of the written charges to respond in writing to the complainant. G. After receiving the City Council's response, 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. 1. An employee seeking a hearing should deliver the request for hearing to the City Manager within fifteen (15) calendar days of the delivery of the City Administrative Order No. 216 — Reporting Improper Governmental Action Page 3 Council's response or within 15 days of the last day on which the local government could respond. H. Upon receipt of request for hearing, the City shall apply within five (5) business days to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge. Office of Administrative Hearings P.O. Box 42488, Olympia, WA 98504 -2488 360- 407 -2700 I. The employee, as the initiating party, must prove his/her claim by a preponderance of the evidence. The administrative law judge shall issue a final decision consisting of findings of fact, conclusions of law, and judgment no later than forty -five (45) days after the date the request for hearing was delivered to the local government. The administrative law judge may grant specific extension of time beyond this period of time for rendering a decision at the request of either party upon a showing of good cause, or upon his/her own motion. The administrative law judge may grant relief to the complainant that could consist of reinstatement (with or without back pay) and such injunctive relief as may be found necessary in order to return the employee to the position s/he held before the retaliatory action and to prevent any reoccurrence of retaliatory action. K. If a determination is made that retaliatory action has been taken against the employee, the administrative law judge may, in addition to any other remedy, impose a civil penalty upon the retaliator of up to three thousand dollars, payable by each person found to have retaliated against the employee, and recommended to the local government that any person found to have retaliated be suspended with or without pay or dismissed. All penalties recovered shall be paid to the local government administrative hearings account. L. The City Manager will consider any recommendations made by the administrative law judge in his/her decision, up to and including that the retaliator be suspended with or without pay or dismissed. Administrative Order No. 216 — Reporting Improper Governmental Action Page 4 Appendix A The following is a list of agencies responsible for enforcing federal, state and local laws and investigating other issues involving improper private /governmental action. Employees having questions about these agencies or the procedures for reporting improper action are encouraged to contact the City of Pasco Human Resources Division or the City Manager's office. CITY of PASCO Pasco City Manager 525 N. 3'd Ave. Pasco, WA 99301 509.545.3404 Pasco Human Resources 525 N. 3' Ave. Pasco, WA 99301 509.545.3408 Pasco Police Department 525 N. 3'a Ave. Pasco, WA 99301 509.545.3481 FRANKLIN COUNTY Franklin County Sheriffs Office Franklin County Courthouse 1016 N. 4a' Pasco, WA 99301 509.545.3501 Franklin County Prosecutor Franklin County Courthouse 1016 N. 4a`, 3'd Floor Pasco, WA 99301 509.545.3543 STATE of WASHINGTON Attorney General of Washington 1125 Washington St. SE P.O. Box 40100 Olympia, WA 98504 -0100 360.753.6000 (State of Washington, cont.) Washington State Auditor's Office Insurance Building — Capitol Campus 302 Sid Snyder Ave. SW Olympia, WA 98504 -0370 360.902.0370 Department of Ecology Eastern Regional Office 4601 N. Monroe Spokane, WA 99205 -1295 509.329.3400 Human Rights Commission 711 S. Capitol Way Olympia, WA 98504 -2490 360.753.6771 Department of Health Consumer Assistance 1.800.525.0127 Labor & Industries 800 Fifth Ave, Suite 2000 Seattle, WA 98104 206.281.5400 Liquor Control Board Enforcement Office 1303 W. Broadway Spokane, WA 99201 509.625.5513 Department of Natural Resources P.O. Box 47000 1111 Washington St. SE Olympia, WA 98504 360.902.1000 Administrative Order No. 216 — Reporting Improper Governmental Action Appendix A - Page 1 (State of Washington, cont.) Department of Social & Health Services Office of Fraud & Accountability P.O. Box 45817 Olympia, WA 98504 -5817 Fraud Complaints: 1.800.562.6900 UNITED STATES of AMERICA U.S. Attorney Eastern Washington Regional Office P.O. Box 1494 Spokane, WA 99210 -1494 509.353.2767 Department of Commerce Office of Inspector General 915 Second Ave., Suite 3062 Seattle WA 98174 206.220.7970 OIG Fraud Hotline 1.800.424.5197 Government Accountability Office 7015' Ave., Suite 2700 Seattle, WA 98104 206.287.4800 Immigration & Customs Enforcement (ICE) Seattle Office 12500 Tukwila International Blvd. Seattle, WA 98168 206.835.0650 Environmental Protection Agency Region X Office 1200 Sixth Ave., Suite 900 Seattle, WA 98101 1.800.424.4372 Appendix A Equal Employment Opportunity Commission Federal Office Building 900 First Avenue, Suite 400 Seattle, WA 98104 -4000 206.220.6911 Federal Emergency Management Agency 130 228" Street SW Bothell, WA 98021 -8627 425.487.4600 General Services Administration Region X Office 40015' Street SW Auburn, WA 98001 253.931.7100 Department of Health & Human Services Region X Office - Director 2201 Sixth Avenue Seattle, WA 98121 206.615.2010 Food & Drug Administration Spokane Regional Office 621 N. Argonne, Suite 102 Spokane Valley, WA 99212 509.353.2746 Department of Housing and Urban Development (HUD) Region X Office 909 First Ave., Suite 200 Seattle, WA 98104 206.220.5101 Department of Justice Drug Enforcement Administration 300 Fifth Avenue, Suite 1300 Seattle, WA 98104 206.553.5443 Administrative Order No. 216 — Reporting Improper Governmental Action Appendix A - Page 2 Appendix A (USA continued) Department of Labor Occupational Safety & Health (OSHA) 300 Fifth Ave., Suite 1280 Seattle, WA 98104 206.757.6700 Office of Inspector General OIG Hotline 200 Constitution Ave. NW Room 5 -5506 Washington, DC 20210 1.800.347.3756 Office of Women's Bureau Region X Office 1111 Third Avenue, Suite 925 Seattle, WA 98101 -3211 206.553.1534 Department of Transportation Jackson Federal Building 915 Second Avenue, Suite 3142 Seattle, WA 98174 206.220.7954 Department of Treasury Bureau of Alcohol, Tobacco & Firearms 915 Second Avenue, Room 790 Seattle, WA 98174 206.204.3205 Department of Veterans' Affairs Jackson Federal Building 915 Second Avenue Seattle, WA 98174 1.800.827.1000 Fraud/Waste /Abuse Hotline 1.800.488.8244 Administrative Order No. 216 — Reporting Improper Governmental Action Appendix A - Page 3