Draft%20of%205271P%20Reporting%20Improper%20Governmental%20Action.pdf

Parent document: Regular Board Meeting-02-12-2024.pdf

Text

- Public Schools

Book Board Policy

Section 5000 - Personnel

Title Draft of Reporting Improper Governmental Action
Code 5271P

Status

Adopted October 1, 1993

Last Revised January 5, 2024

Prior Revised Dates 11.01; 05.12; 03.28.2016;

REPORTING IMPROPER GOVERNMENTAL ACTION

Definitions: As used in this policy and procedure, the following terms will have the meanings indicated.

A. Improper governmental action means any action by a district officer or employee:

1. That is undertaken in the performance of the officer or employee's official duties, whether or not the action is
within the scope of the employee's }ebemployment; and

2. That (i) is in violation of any federal, state or local law or rule, (ii) is an abuse of authority, (iii) is of
substantial and specific danger to the public health or safety, or (iv) is a gross waste of public funds.

3. Improper governmental action does not include personnel actions including, but not limited to, employee
grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements,
restorations, reemployments, performance evaluations, reduction in pay, dismissals, suspensions, demotions,
violations of the collective bargaining and civil service laws, alleged labor agreement violations, or
reprimands.

B. Retaliatory action means any adverse change ##-the+terms-and-eonditiens-ofa-staff members-emptoyment-an
employee's employment status, unwarranted negative performance evaluations, or hostile actions towards a local
government employee that were encouraged by a supervisor.

C. Emergency means a circumstance that if not immediately changed may cause damage to persons or property.
Employees are encouraged to report instances which they believe constitute improper governmental
raiseenduetaction.

Reporting

Employees who become aware of actions that they believe constitute improper governmental action should raise the issue
first with their supervisor. Where the employee reasonably believes the improper governmental action involves his or her
supervisor, the employee may raise the issue directly with the superintendent or the person whom the superintendent has
designated to receive reports of improper governmental action. If requested by the supervisor or superintendent/designee,
the employee will submit a written report to the supervisor or superintendent/designee, stating in detail the basis for the
employee's belief that an improper governmental action has occurred.

In case of an emergency where the employee believes that damage to persons or property may result if aetten-change is
not taken immediately, or where the employee has a legal obligation to report (for instance, where child abuse is
suspected), the employee will report the improper governmental action directly to the appropriate government agency with
responsibility for investigating the improper action.

District employees who fail to make a good faith attempt to follow this policy and procedure in reporting improper
governmental eerdtetaction will not be eligible for the protection outlined.

Response
The employee's supervisor, the superintendent or the superintendent's designee will take prompt action to see that the
report of improper governmental action is properly investigated.


District officers and employees involved in the investigation will keep the identity of reporting employees confidential to the
extent possible under law, unless the employees authorize the disclosure of their identities in writing.

After an investigation has been completed, the reporting employee will receive a summary of the investigation results,
except to the extent that resulting personnel actions must be kept confidential. If a reporting employee reasonably believes
that an adequate investigation was not done by the district, that insufficient action has been taken, or that the improper
governmental action is likely to recur, the employee may report information about the improper governmental action
directly to the appropriate government agency.

Retaliation

Employees who believe that they have been retaliated against for reporting an improper governmental action should advise
their supervisor, the superintendent or the superintendent's designee. Appropriate action to investigate and address
complaints of retaliation will be taken.

If the complaint cannot be informally resolved, the employee will provide written notice to the superintendent/designee that
specifies (i) the alleged retaliatory action and (ii) the relief requested by the employee. The written complaint must be fited

within delivered no later than 30 days efafter the alleged retaliation. The district will respond to the complaint within thirty
days of receiving the written notice.

If the employee alleging retaliation receives no response from the district within 30 days or objects to the district's
response, the employee may request a hearing before a state administrative law judge. The request for a hearing must be

delivered in writing to the superintendent/designee either fifteen days fetewing-of delivery of the district s response, or 45

days after the complaint was filed, if there was no response.
The district will apply for a hearing within 5 working days to:

Office of Administrative Hearings
P. O. Box 424898
949-Lakeridge-Way- SW

Olympia, Washington 98504-2488
(360) 407-2700

The district will consider any recommendation provided by the administrative law judge that an employee found to have
retaliated against an employee who reported improper governmental action be suspended with or without pay or dismissed.

Administration

A summary of this policy and procedure will be posted where all employees will have reasonable access to it, the policy and
procedure will be made available to any employee who requests them, and the policy and procedure will be given to all new
employees.

The following is a list of agencies responsible for enforcing federal, state and local laws and investigating issues involving
potential improper governmental action. Employees having questions about these agencies or the procedures for reporting
improper governmental action are encouraged to contact their supervisor, the superintendent or designee.

Local City Police Dept. or County Sheriff's Office

Local City or County Environmental Protection Office

WashingtonA- Attorney General's Office
Consumer Protection Division

800 Fifth Avenue, Suite 2000
Seattle, WA 98104
1-800-551-4636

Washington Auditor's Office
Insurance Building

Capitol Campus

P.O. Box 40021

Olympia, Washington 98504-0021


Washington Department of Ecology

300 Desmond Drive SE or P.O. Box 47600
Lacey, Washington 98504-7600

(360) 407-6000

Washington&; Human Rights Commission
711 South Capitol Way, Suite 402

Olympia, Washington 98504-2490
(800) 233-3247

WashingtonA- Dept. of Labor & Industries
P.O. Box 44000

Olympia, Washington 98504-4400
(800) 547-8367

WashingtonA; Department of Natural Resources
1111 Washington St. SE or RO-BexMS 47000
Olympia, Washington 98504-7000

(360) 902-1000

Local County Prosecutor's Office
Local or County Health Department

U. S. Department of Education
Office of the Inspector General

Washington, D.C. 20202-1500

Audits: (800) MIS-USED

U.S. Environmental Protection Agency
300 Desmond Dr. Suitete; 102

Lacey, WA 98503

(360) 753-9437

U.S. Equal Employment Opportunity Commission:

{FEOC)-909 First Avenue:, Suite #400
Seattle, WA 98104-1061
(800) 669-4000

Federal Emergency Mgmt. Agency (FEMA)
130 - 228th Street, SeuthwestSW
Bothell, WA 98021-8627-9796

(425) 487-4600

U S Department of Labor
Occupational Safety and Health
4444 rd Ave FAS
Seattte WA 98104-3346

20425 72nd Avenue, Suite 150 A
Kent, WA 98032-2388

(206) 553-5939757-6677

National Transportation Safety Board
Washington, DC
429 L Enfant Plaza SW

Washington D.C., DC 2062420594
(202) 314-6000

U S Department of Franspertatien Commerce
Office of Inspector General

: att *-Maits 7996

1401 Constitution Avenue, N.W.
Washington, DC 20230


(800) 424-5197

WA Superintendent of Public Instruction

Old Capitol Building

P O Box 47200 or 600 Washington Street SE
Olympia, Washington 98504-7200

(360) 725-6000