5271P Procedure - Reporting Improper Governmental Action

Definitions

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

1. “Improper governmental action” means any action by a district 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 1) is in violation of any federal, state, or local law or rule; 2) is an abuse of authority; 3) is of substantial and specific danger to public health or safety; or 4) is a gross waste of public funds.
   3. Improper governmental action does not include 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, violations of the collective bargaining and civil service laws, alleged labor agreement violations, or reprimands, or any action that may be taken under chapters 41.56 and 41.59 RCW.
2. “Retaliatory action” means (a) any adverse change in the terms and conditions of a staff member's employment, including the 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 (b) hostile actions by another employee toward a local government employee that were encouraged by a supervisor or senior manager or official.
3. “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.

Reporting

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

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, the employee will 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 will not be eligible for the protection outlined.

Response

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

District officers and employees involved in the investigation will 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 will 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.

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 will be taken.

If the complaint cannot be informally resolved, the employee will provide written notice to the superintendent/designee that specifies the alleged retaliatory action and the relief requested by the employee. The written complaint must be filed within thirty days of the alleged retaliation. The district will respond to the complaint within thirty days of receiving the written notice.

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.

Office of Administrative Hearings
PO Box 42488
919 Lakeridge Way SW
Olympia, Washington 98504-2488
(360) 407-2700

The district will consider any recommendation provided by the administrative law judge that an employee found to have retaliated against another employee who reported improper governmental action be suspended with or without pay or dismissed.

Intimidation Prohibited

A district officer or employee may not use their official authority or influence, directly or indirectly, to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee's right to report or disclose information concerning an improper governmental action.

Administration

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