Whistle Blower Policy & Procedure

REPORTING IMPROPER GOVERNMENT ACTION AND PROTECTING EMPLOYEES AGAINST RETALIATION

It is the policy of Orcas Island Library District (OILD) to (1) provide a procedure for employees to report improper governmental action by OILD officers or employees, and (2) protect employees who have reported improper governmental actions in accordance with OILD policies and procedures.

Definitions
As used in this policy, the following terms shall have the meanings indicated:

1. "Improper governmental action" means any action by a Library officer or employee.
   1. That is undertaken in the performance of the officer's or employee's official duties as a Library employee, 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 written departmental policy, (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.
2. "Retaliatory action" means any adverse change in the terms and conditions of an OILD employee's employment.
3. "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property.

Procedures for Reporting

OILD employees who become aware of 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 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 should raise the issue directly with the highest official in the department or the official holding the position of Board President.

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 Board of County Commissioners and to the appropriate government agency outside of the County when such agency has responsibility for investigating the improper action.

Supervisors shall take prompt action to assist OILD in properly investigating the report of improper governmental action. OILD officers and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent 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 shall be kept confidential.

Thereafter, OILD employees may report information about the improper governmental action directly to the appropriate government agency which has responsibility for investigating the improper action if the OILD employee has a reasonable belief that one of the following two conditions exists:

1. An adequate investigation was not undertaken by OILD to determine whether an improper governmental action occurred, or
2. Insufficient action has been taken by OILD to address the improper governmental action.

OILD employees who fail to make a good-faith attempt to follow OILD procedures in reporting improper governmental action shall not receive the protection provided by OILD in these procedures.

Protection Against Retaliatory Actions

OILD officials and employees are prohibited from taking retaliatory action against an OILD 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 OILD Board. Library Board officials shall take appropriate action to investigate and address complaints of retaliation.

If the OILD Board does not satisfactorily resolve an OILD employee's complaint that he or she has been retaliated against in violation of this policy, the OILD employee may obtain protection under this policy and pursuant to state law by providing a written notice to the San Juan County Board of County Commissioners that:

1. Specifies the alleged retaliatory action and
2. Specifies the relief requested.

An OILD employee shall provide a copy of the written charge to the OILD Board no later than thirty (30) days after the occurrence of the alleged retaliatory action. The Library Board shall respond within thirty (30) days to the charge of retaliatory action.

After receiving either the response of the Library Board or thirty days after the delivery of the charge to The Library Board, the OILD 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 San Juan County Commissioners within the earlier of:

1. either fifteen (15) days of delivery of OILD's response to the charge of retaliatory action, or
2. forty-five (45) days of delivery of the charge of retaliation to OILD for response.

Upon receipt of request for hearing, the OILD Board 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.O. Box 42488, 4224 Sixth S.E.
Row Six, Building 1
Lacey, WA 98504-2488
(206) 459-6353

The OILD Board will consider any recommendation provided by the Administrative Law Judge that the retaliator be suspended with or without pay or be dismissed.

Responsibilities

The Library Director is responsible for disseminating OILD's policies and procedures for (1) reporting improper governmental action and (2) protecting employees against retaliatory actions. This includes ensuring that this policy and these procedures are: (1) permanently posted where all employees will have reasonable access to them, (2) made available upon request and (3) provided to all newly-hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal.

Adopted 4/1994

Reviewed 2/2002, 8/2006