§ 2-160. Purpose and applicability; policy.

(a)

This division sets forth the policy of the City concerning employee disclosure of misconduct and the protection of employees from retaliation for disclosing what the employee believes evidences certain unlawful, wasteful or hazardous practices. This policy is applicable to all employees of the City.

(b)

The City is committed to operating legally and ethically at all times. Therefore, employees are required to report violations of laws, regulations, and policies that they either observe or reasonably suspect. Failure to report a known violation shall result in disciplinary action.

(c)

It is the policy of the City that common sense and sound business judgment is the key to determining whether conduct complies with ethical and legal standards. All City employees encountering a situation that may involve fraud, misuse of property or theft such that they feel uncomfortable or unsure, are required to ask:

(1)

Whether the conduct is legal;

(2)

Whether the parties are being fair and honest; and

(3)

Whether the conduct is in the best interest of the City or its citizens.

If the answer to any of the preceding questions is in the negative, the employees have a duty to report the potentially unlawful or wrongful conduct or to request additional information.

(d)

It is also the policy of the City that any employee shall be free without fear of retaliation to make known allegations of alleged misconduct existing within the City that he reasonably believes evidences:

(1)

An abuse of authority, gross misconduct, or gross waste of money;

(2)

Embezzlement of or fraud involving City funds;

(3)

A substantial and specific danger to public health or safety; or

(4)

A violation of law.

No retaliation of any kind shall be tolerated against an employee who makes a good faith report of any known or suspected violation, even if further investigation finds the report to be erroneous. In particular, no officer or employee of the City shall take or refuse to take any personnel action as retaliation against an employee who discloses information regarding misconduct under this policy or who, following such disclosure, seeks a remedy provided under this policy or any other law, rule or regulation.

(e)

To the extent possible, reports of misconduct shall be kept anonymous when requested by the reporting individual. Every effort shall be made to preserve the confidentiality of the report of misconduct.

(f)

Alleged acts of retaliation shall be investigated by the Chief Administrative Officer or his designee.

(g)

Any employee found to have known of misconduct but failed to report shall be subject to disciplinary action.

(h)

Any employee who purposely makes a false report of an alleged violation shall be subject to disciplinary action and may be subject to other legal action.

(Code 2004, § 2-211; Ord. No. 2004-1-12, § 1, 2-9-2004; Ord. No. 2004-360-330, § 1, 12-13-2004)

(Code 2004, § 2-211; Ord. No. 2004-1-12, § 1, 2-9-2004; Ord. No. 2004-360-330, § 1, 12-13-2004)