§ 2-81. Administrative procedure for handling whistle blower complaints.

(a)

Intent. It is the intent of the city commission to prevent any retaliatory action against any employees who reports [to] the city manager a violation of law on the part of the city or an independent contractor working for the city that creates a substantial and specific danger to the public's health, safety, or welfare. It is the further intent of the city commission to prevent any retaliatory action against any person who discloses information to the city manager alleging improper use of the governmental office, gross waste of funds, or other abuse or gross neglect of duty on the part of any employee or officer of the city.

(b)

Definitions. As used in this section, unless otherwise specified, the following words or terms shall have the meanings indicated:

Adverse personnel action means the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by the city or an independent contractor working for the city.

Employee means a person who performs services for, and under the control and direction of, or contract with, the city or an independent contractor working for the city for wages or other enumeration.

Gross mismanagement means a continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact.

Independent contractor means a person engaged in any business who enters into a contract with the city.

(c)

Actions prohibited.

(1)

The city or an independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this section.

(2)

The city or an independent contractor shall not take any adverse action that affects the rights or interests of a person in retaliation for the person's disclosure of information under this section.

(3)

The provisions of this section shall not be applicable when an employee or person discloses information known by the employee or person to be false.

(d)

Nature of information disclosed. The information disclosed under this section includes:

(1)

Any violation or suspected violation of any federal, state, or local law, rule or regulation committed by an employee or agent of the city or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare.

(2)

Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of the city or independent contractor.

(e)

To whom information disclosed. The information disclosed under this section must be disclosed to:

(1)

The employee's immediate supervisor unless the grievance or matter involved a suspension, demotion or discharge.

(2)

The department head if the matter is not resolved by the immediate supervisor or it involves a suspension, demotion or discharge.

(3)

The city manager if the matter is not resolved by the department head.

(4)

If a grievance involving the type of information applicable under this section is not resolved by the city manager, the employee may require review by a grievance resolution board.

(f)

Grievance resolution board. There is hereby authorized and empowered for each properly grievable occurrence a grievance resolution board which shall be composed of a chairman and two other members. The first member shall be selected at random from the list of peer group representatives applicable to the employee grievant. If such person declines or is unavailable, another peer group representative shall be selected at random. The second member shall be selected by the employee grievant at his or her discretion from the list of employer representatives provided by the city. The city's appointed special master shall serve as a third representative as chairman.

(g)

Appeals to decisions of the grievance resolution board. Employees may appeal decisions of the grievance resolution board to the city commission.

(Ord. No. 345, §§ 1—7, 6-28-99)