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
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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
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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