Procedure: 5014P

Section: 5000 - Personnel

Title: Reporting Improper Governmental Action

Status: Active

Adopted: March 28, 1994

---

Procedure - Reporting Improper Governmental Action

I. Definition

As used in this policy and procedure, the following terms shall have the meanings indicated.

A. Improper governmental action means any action taken by a district officer or employee:

1. that is undertaken in the performance of the officer or employee's official duties, whether or not the action is within the scope of the employee's job; 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.

B. Retaliatory action means any adverse change in the terms and conditions of a staff member's employment.

C. Emergency means a circumstance that if not immediately changed may cause damage to persons or property. Employees are encouraged to report instances which they believe constitute governmental misconduct.

II. Reporting 

Employees who become aware of actions that they believe constitute improper governmental action should raise the issue first with their supervisor. If requested by the supervisor, the employee shall submit a written report to the supervisor or designee, stating in detail the basis for the employee's belief that an improper governmental action has occurred.

Where the employee reasonably believes the improper governmental action involves his or her supervisor, the employee may raise the issue directly with the superintendent or the person whom the superintendent has designated to  receive reports of improper governmental action.

In case of emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, or where the employee has a legal obligation to report (for instance, where child abuse is suspected), the employee shall report the improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action.

District employees who fail to make a good faith attempt to follow this policy and procedure in reporting improper governmental conduct shall not be eligible for the protections outlined.

III. Response

The employee's supervisor, the superintendent or the superintendent's designee shall take prompt action to see that the report of improper governmental action is properly investigated.

Persons involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under law, unless the employees authorize the disclosure of their identities in writing.

After an investigation has been completed, the reporting employee shall receive a summary of the investigation results, except to the extent that resulting personnel actions must be kept confidential. If a reporting employee reasonably believes that an adequate investigation was not done by the district, that insufficient action has been taken, or that the improper governmental action is likely to recur, the employee may report information about the improper governmental action directly to the appropriate government agency.

IV. Retaliation

Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the superintendent or the superintendent's designee. Appropriate action to investigate and address complaints of retaliation shall be taken.

If the employee alleging retaliation receives no response from the district or objects to the district's response, the employee may request a hearing before a state administrative law judge. The request for a hearing must be delivered in writing to the superintendent either fifteen days following the district's response, or 45 days after the complaint was filed, if there was no response.

The district will apply for a hearing within five working days to:

Office of Administrative Hearings

P.O. Box 42488 Rowe Six, Building 1 4224 - 6th S.E.

Lacey, WA 98504-2488

(360) 459-6353

The district will consider any recommendation provided by the administrative law judge that an employee found to have retaliated against an employee who

reported improper governmental action be suspended with or without pay or dismissed.

V. Administration

A summary of this policy and procedure will be permanently posted where all employees have reasonable access to it, the policy and procedure will be made available to any employee who requests them, and the policy and procedure will be given to all new employees.

The following is a list of agencies responsible for enforcing federal, state and local laws and investigating issues involving potential improper governmental action. Employees having questions about these agencies or the procedures for  reporting improper governmental action are encouraged to contact their supervisor, the superintendent or designee.

Local City Police Department or County Sheriff's Office Local County Prosecutor’s Office Local City or County Health Dept Local City or County Env. Prot. Office	Washington Supt. Of Public Inst. Old Capitol Building P.O. Box 47200 Olympia, WA 98504-7200 360-753-6738
WA Attorney General's Office Fair Practices Division 2000 Bank of California Center 900 - 4th Avenue Seattle, WA (206) 464-6684	U.S. Department of Education Office of Inspector General 915 2nd Avenue Seattle, WA Audits: (206)553-0657           Investigations: (206) 553-1482
Environmental Protection Agency Criminal Investigations 1200 – 6th Avenue Seattle, WA	Puget Sound Water Quality Authority P.O. Box 40900 Olympia, WA 98504 (360) 493-9300
Washington Auditor’s Office Legislative Building P.O. Box 40021 Olympia, WA 98504-0021 (360) 753-5280	Equal Employment Oppor. Comm. 2815 – 2nd Avenue, Suite 500 Seattle, WA 98178 (206) 553-0968
Washington Department of Ecology 3190 – 160th S.E. Bellevue, WA 98008-5852	Federal Emergency Mgmt. Agency 130 – 228th Street S.W. Bothell, WA (425) 487-4600
WA Human Rights Commission 402 Evergreen Plaza Bldg., FJ-41 711 South Capitol Way Olympia, WA 98504-2490 (360) 753-6770	U.S. Dept. of Labor Occupational Safety & Health 1111 – 3rd Ave., Suite 715 Seattle, WA 98101-3212 (206) 553-5930
WA Dept. of Labor & Industries 300 West Harrison, Room 201 Seattle, WA (206) 281-5400	National Trans. Safety Board 19518 Pacific Highway South Seattle, WA (206) 764-3782
WA Department of Natural Resources P.O. Box 68 Enumclaw, WA 98022 (360) 825-1631	U.S. Dept. of Transportation Office of Inspector General 915 – 2nd Avenue Seattle, WA 98178 (206) 553-5720

 

Legal References:

Chapter 44, Laws of 1992                Local Government Whistleblowers

Adopted: 03.28.94