§ 2.80.110. Report of wrongdoing—Protection from retaliation.

A.

It is unlawful for any person to coerce any employee into undertaking an illegal, unethical or improper act, or to take any retaliatory action against any employee because of that employee's disclosure of information relating to county government mismanagement, corruption, misuse or waste of funds, abuse of authority, substantial and specific danger to public health or safety, or other wrongdoing in violation of the law.

B.

It is unlawful for any person to coerce or attempt to coerce any employee, through threats or intimidation, to withdraw or dismiss a personnel grievance, or to threaten disciplinary or criminal action against any employee for filing or for refusing to dismiss a personnel grievance, or to take any retaliatory action against an employee based on that employee's filing of a personnel grievance. It shall not be a violation of this subsection to offer or engage in good faith settlement negotiations which are voluntarily entered into by a grieving employee and which may include discussions regarding the dismissal of any pending grievances.

C.

Any employee who refuses to obey an illegal instruction or who discloses information concerning county government mismanagement, corruption, misuse or waste of funds, abuse of authority, substantial and specific danger to public health or safety, or other wrongdoing in violation of the law with a reasonable, good-faith belief that such refusal is justified or that such disclosures are true and accurate shall be protected from any retaliatory or coercive personnel action which is based on an employee exercising rights set forth in county policies, regulations, ordinances, or in the law. This provision does not extend to any protection for employees from otherwise proper and justified personnel actions taken for disciplinary or budgetary reasons and not for retaliatory purposes. A "personnel action" means any administrative act or omission which adversely affects an employee's grade, personnel evaluation, salary or working conditions, or changes the employee's duties or responsibilities inconsistent with the employee's grade and salary.

D.

Employees are encouraged and directed to report to appropriate agencies or officials instances of possible county government mismanagement, corruption, misuse or waste of funds, abuse of authority, substantial and specific danger to public health or safety, or other wrongdoings in violation of the law. If such a report is filed with a county department, official or agency, the identity of the employee filing the report shall be kept confidential to the extent possible under applicable policies, ordinances and laws unless this right is waived in writing by the employee.

E.

Any person may file a complaint charging a violation of this section. The mayor or council shall also have authority, with or without a complaint, to initiate an inquiry of any county official or employee suspected of taking retaliatory or coercive personnel action against an employee as prohibited by this section.

F.

Any person violating subsections A or B of this section shall be guilty of a Class B misdemeanor and upon conviction shall be punished as set forth in Chapter 1.12 of this code.

(Ord. 1473 (part), 2001; Ord. 1423, § 1, 1998; 1986 Recodification; Ord. 848, § 1, 1983; prior code § 1-5-11)