Whisleblower Protection FM-002 - Linn County Board of Supervisors Policy

8/8/2019 Whisleblower Protection FM-002 - Linn County Board of Supervisors Policy

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I. PURPOSEThe purpose of this policy is to protect any employee who engages in any goodfaith disclosure of alleged wrongful conduct to a County official or public body.

II. POLICYAll employees of Linn County are expected to abide by applicable state andfederal laws. An employee cannot be compelled by a supervisor or Countyofficial to violate a county policy, an applicable law, or public policy. In theinterest of the County, an employee who has particular knowledge of specificacts which the employee reasonably believes constitute wrongful conductshould disclose the conduct to the appropriate County official.

No employee who in good faith reports an alleged wrongful act shall sufferharassment, retaliation, or adverse employee consequence. An employee whoretaliates against someone who reports a violation in good faith is subject todiscipline up to and including termination of employment. This policy is intendedto encourage employees and others to raise serious concerns within the Countyprior to seeking resolution outside the County.

III. SCOPEThis policy is applicable to all Linn County departments and employees.

IV. DEFINITIONS AND EXAMPLES

Wrongful conduct

Wrongful conduct is defined in this policy to include but is not limited to:

A serious violation of County policy

A violation of applicable state and federal laws

The use of County property, resources, or authority for personal gain orother non County-related purpose except as provided under County policy

Distribution: Auditors Office, EmployeeHandbook, Intranet

BOARD OF SUPERVISORSCounty of Linn, Iowa

Revision No.:

Reference:Board of Supervisors Minutes of 03/26/07 and03/28/07

Directive Number:

Approval Date:

03/28/07

Effective Date:

03/28/07

Policy Section & Number:FM-002

SUBJECT: Whistleblower Protection


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V. PROCEDURES

Reporting Violations

Disclosure and Investigation

Where the County has defined policies and procedures for maintaining

standards of conduct and disclosure of such violations, the applicable Countypolicies should be followed to disclose such violations. Relevant policiesinclude but are not limited to:

County policies prohibiting sexual harassment

County policies prohibiting discrimination

County policy on reporting and investigation of fraud or misconduct

In matters relating to wrongful conduct, mismanagement of County resources,or an abuse of authority which is not covered by a specific County policy, theHuman Resources Director is designated to receive such disclosures andconduct or coordinate follow-up which may include an investigation of the

disclosure.

The Human Resources department will maintain records of these allegations.The Human Resources Director or a referring unit (for example, the FinanceDirector) will follow-up on the matter which may include an investigation of thedisclosure. Laws and County policies impose privacy and confidentialityrestraints on reporting the results of such a review or investigation. Within theconstraints of these laws and policies, the Human Resources department willacknowledge, and as appropriate and permissible by law and policy, provideconfirmation of the status and outcome of the review.

In matters of disclosure, the County will make all reasonable efforts to maintainthe confidentiality of the employee making the disclosure as long asmaintaining confidentiality does not interfere with conducting an investigation ofthe specific allegations or taking corrective action.

Complaints of Reprisal

An employee who believes they have been subjected to an adverseemployment action based on prior disclosure of alleged wrongful conduct maycontest the action by filing a written complaint of reprisal with the HumanResources Director. In the event the alleged wrongful conduct is against the

Human Resources Director, the written complaint should be filed with theCounty Finance Director. The Director will review the complaint to determine:

Whether the complainant made a disclosure before an adverseemployment action was taken

Whether the responding party could reasonably have been construed tohave knowledge of the disclosure and the identity of the disclosingemployee


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Whether the complainant has actually suffered an adverse employmentaction after making the disclosure

Whether the complainant alleges that adverse employment actionoccurred as a result of the disclosure

If the Director determines that all the above elements are present, the Directorshould contact the County Attorney to investigate the claim and makerecommendations for resolution.

At the time the County Attorney is contacted, the Director should inform, inwriting the complaining party and the responding party of:

The intent to proceed with an investigation

The specific allegations to be investigated

The appointment of the County Attorney and

Allowing each party the written opportunity to support or respond to theallegations

Once the County Attorney has conducted a review and considers theinvestigation complete, the Human Resources Director will be notified of itscompletion. The Human Resources Director, in conferral with the CountyAttorney, should issue a letter of findings to both the complainant and therespondent.

Nothing in this policy is intended to interfere with legitimate employmentdecisions.

Documents

Whisleblower Protection FM-002 - Linn County Board of Supervisors Policy