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Res 92-124 RESOLUTION NO. 92-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING A CITY POLICY FOR REPORTING IMPROPER GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST RETALIATION, IN COMPLIANCE WITH CHAPTER 44, LAWS OF THE STATE OF WASHINGTON, 1992. WHEREAS, it is recognized that addressing improper governmental actions with supervisors and City officials can contribute significantly to improving the overall quali ty of government and will promote public confidence in government; and WHEREAS, it is the desire of the City to resolve problems and pursue suggestions through an informal process where such process is in the best interest of the City and its employees; and WHEREAS, in some instances, formal procedures are required to allow employees to raise issues of improper governmental actions where informal procedures are not appropriate; and WHEREAS, the Washington State legislature in March of 1992 passed a new law intended to protect local government employees who raise issues of improper government actions with their supervisors and appropriate local agencies (Chapter 44, Laws of 1992); and WHEREAS, the purpose of this Act is to both protect local government employees by encouraging disclosure of improper governmental actions and providing remedies for retaliation, as well as safeguarding legitimate employer interests by encouraging that complaints be first made to the local government and by providing for speedy dispute resolution; NOW, THEREFORE, COpy THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: section 1. policv Statement. It is the policy of the City of Federal Way to encourage reporting by its employees of improper governmental action taken by City of Federal Way officers or employees and to protect City of Federal Way employees who have reported improper governmental actions in accordance with the policies and procedures below. section 2. Definitions. As used in this policy, the following terms shall have the meanings indicated: 1. "Improper governmental action" means any action by a City of Federal Way officer or employee: a. 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 b. That is in violation of any federal, state, or local law or rule; or is an abuse of authority; or is of substantial and specific danger to the public health or safety; or 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, reemployment, performance -2- 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 employee's employment, including, but not limited to: denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, letters of reprimand, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary action resulting from a report of improper governmental conduct. 3. "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property. section 3. Procedures for Reportina. City of Federal Way employees who become aware of improper governmental actions first should raise the issue with their supervisor. If requested by the supervisor, the employee shall submit a written report to the supervisor, or to some person designated by 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 or department -3- director, the employee may raise the issue directly with the department director. 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 supervisor, or the department director, as the case may be, shall take prompt action to assist the city of Federal Way in properly investigating the report of improper governmental action. city of Federal Way 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 may be kept confidential. Employees may report information about improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action if the employee reasonably believes that an adequate investigation was not undertaken by the city to determine whether an improper governmental action occurred, or that insufficient action has been taken by the City address the improper governmental action or that for other reasons the improper governmental action is likely to -4- recur. Employees who fail to make a good-faith attempt to follow the City's procedures in reporting improper governmental action shall not receive the protections provided by the city in these procedures. section 4. Protection Aaainst Retaliatorv Actions. City of Federal Way 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 their supervisor or department director. City officials and supervisors shall take appropriate action to investigate and address complaints of retaliation. If the employee's supervisor, the City Manager, or his or her 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 employee may obtain protection under this policy and pursuant to state law by providing a written notice to the city Manager that: a. Specifies the alleged retaliatory action, and b. Specifies the relief requested. Employees shall 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 -5- respond wi thin thirty (30) days to the charge of retaliatory action. After receiving either the response of the City or thirty (30) days after the deli very 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 request 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.O. Box 42488, 4224 sixth S.E. Rowesix Building, #1 Lacey, WA 98504-8915 (206) 459-6353 section 5. City Responsibilitv. The city of Federal Way is responsible for implementing these 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 -6- newly-hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Section 6. List of Acrencies. A list of agencies responsible for enforcing federal, state and local laws and investigating other issues involving improper governmental action is attached as Exhibit A. Employees having questions about these agencies or the procedures for reporting improper governmental action are encouraged to contact the Personnel Department. section 7. Effective Date. This resolution is effective upon passage. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of December , 1992. CITY OF FEDERAL WAY iik7.'i:~$;J 5i:T~.6f~ ~CITY CLERK, MAUREEN M.SWANEY, CMC AS TO FORM: CAROLYN A. LAKE FILED WITH THE CITY CLERK: November 25, 1992 PASSED BY THE CITY COUNCIL: December 1, 1992 RESOLUTION NO. 92-l24 1 a \kathleer\reso \ whistle -7- EXHIBIT A LIST OF GOVERNMENTAL AGENCIES Federal Way Law Department Federal Way City Attorney 33530 First Way S Federal Way, W A 98003 (206) 661-4031 KING COUNTY King County Ombudsman(General Complaints) 213 King County Court House Seattle, W A (206)296-3452 King County Environmental Division Code Enforcement (206) 296-6680 King County Health Center Chemical and Physical Hazards Line (206) 296-4692 King County Prosecuting Attorney King County Court House Seattle, W A Criminal Div.(206)296-9ooo Fraud Div. (206)296-9010 Civil Div. (206) 296-9015 King County Health Services Hazardous Waste 110 Prefontaine Place, South Seattle, WA 98104 (206) 296-3995 Puget Sound Air Pollution Agency (206) 296-7330 STATE OF WASHINGTON Attorney General's Office Fair Practices Division 2000 Bank of California Center 900 Fourth Avenue Seattle, W A (206) 464-6684 State Auditor's Office Legislative Building P.O. box 40021 Olympia, WA 98504-0021 (206) 753-5280 State Department of Ecology 3190 160th S.E. Bellevue, W A 98008-5852 (206) 649-7000 Human Rights Commission 402 Evergreen Plaza Bldg., FJ-41 711 South Capitol Way Olympia, W A 98504-2490 State Department of Health Health Consumer Assistance P.O. Box 4789 Olympia, WA 98504-7891 800-525-0127 Department of Labor & Industries 300 West Harrison, Room 201 Seattle, W A (206) 281-5400 State Liquor Control Board Enforcement Office 2101 Sixth Avenue Seattle, W A (206) 464-6094 Department of Natural Resources P.O. Box 68 Enumclaw, WA 98022 (206) 825-1631 Puget Sound Water Quality Authority P.O. Box 40900 Olympia, W A 98504 (206) 493-9300 Department of Social & Health Services Special Investigation Office 5200 Southcenter Blvd., Ste 23 Tukwila, WA (206) 764-4048 Fraud Complaints 800-562-6025 UNITED S T A TFS Department of Agriculture Office of Inspector General 915 Second Avenue Seattle, W A Supervisor Auditor (206) 553-8290 Supervisor Special Agent Investigation (206) 553-8286 Alcohol, Tobacco & FlI"earms Criminal Enforcement 915 Second Avenue Seattle, W A (206) 553-4485 U.S. Attorney 800 Fifth Avenue Seattle, W A (206) 553-7970 Department of Commerce Office of Inspector General Office of Audits 915 Second Avenue Seattle, WA (206) 553-0801 Government Accounting Office Fraud Hot Line 800-424-5454 Consumer Product Safety Commission Hot Line 800-638-2772 U.S. Customs Service Office of Enforcement 909 FlI"St Avenue Seattle, W A (206) 553-7531 U.S. Department of Education Office of Inspector General 915 Second Avenue Seattle, W A Audits (206 553-0657 Investigations (206) 553-1482 Environmental Protection Agency Criminal Investigations 1200 Sixth Avenue Seattle, W A (2060 553-8306 Equal Employment Commission 2815 Second, Ste. 500 Seattle, W A (206) 553-1968 Opportunity Federal Emergency Management Agency 130 228th Street SW Bothell, WA (206) 487-4600 Federal Trade Commission 915 Second Avenue Seattle, W A' (206) 553-4656 General Services Administration 915 Second Avenue Seattle, WA Office of Inspector General Audits (206) 931-7650 Investigations (206) 931-7654 Law Enforcement (206) 553-0290 Department of Health & Human Services Food & Drug Administration 22201 23rd Drive S.E. Bethell, W A Trade Complaints (206) 483-4949 Office of the Regional Secretary General Counsel's Office, Inspector General Audits (206) 553-0452 Investigations (206) 553..<J229 Department of Housing and Urban Development Office of Counsel 1321 Second Avenue Seattle, W A 553-4976 Office of Inspector General Audits Investigations (206) 553-0270 (206) 553..<J272 Interstate Commerce Commission 915 Second Avenue, Room 1894 Seattle, WA 98174 (206) 553-5421 Department of Interior U.S. Fish & Wildlife Services Division of Law Enforcement 121 1O7th N.E. Bellevue, W A (206) 553-5543 Department of Justice Drug Enforcement Administration 220 West Mercer, Ste. 300 Seattle, W A (206) 553-5443 Department of Labor Occupational Safety & Health (OSHA) 1111 Third Avenue, Ste. 715 Seattle, WA 98101-3212 (206) 553-5930 Office of Inspector General Audits 1111 Third Avenue, Ste. 780 Seattle, WA 98101-3212 (206) 553-4880 Investigations 1111 third Avenue, Ste. 785 Seattle, WA 98101-3212 Office of Women's Bureau 1111 Third Avenue, Ste. 885 Seattle, WA 98101-3212 Mine Safety & Health Administration' 117 107th N.E. Bellevue, W A (206) 553-7037 National Transportation Safety Board 19518 Pacific Highway South Seattle, W A (206) 764-3782 Nuclear Regulatory Commission 510-975-0200 Securities and Exchange Commission 915 Second Avenue Seattle, WA 98174 (206) 553-7990 Department of Transportation Office of Inspector General 915 Second Avenue Seattle, WA 98178 (206) 553-5720 Department of Treasury Bureau of Alcohol & 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 FraudlWaste!Abuse Hot Line 800-488-8244