RES 989onRESOLUTIONNO.
A RESOLUTION of the City of Camas adopting a policy for
reporting improper governmental action and protecting employees
against retaliation.
WHEREAS,the Legislature of the State of Washington has adopted the Local
Government Whistleblower Protection Act,RCW Chaper 42.41,and
WHEREAS,said act requires local governments to develop and implement a policy and
procedures for reporting improper governmental actions and protecting employees who report
improper governmental actions from retaliation.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAMAS that the City of Camas policy for reporting improper governmental action and
protecting employees against retaliation attached hereto be and the same is hereby adopted,
replacing all previously adopted policies.
ADOPTED at a regular meeting of the Council of the City of Camas this
day of August,2004.
SIGNED:
ATTEST:
Clerk
APP as to form:
mi/
REQUIRED POSTING
Do Not Remove
CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
1.01 Purpose
1.02 Policy Statement
1.03 Definitions
1.04 Prohibited Conduct
1.05 Prohibited Conduct after Leaving City
1.06 Procedures for Reporting
1.07 Complaints,Investigations,Hearings and Enforcement
1.08 Protection Against Retaliatory Actions
1.09 Responsibilities
1.10 List of Agencies
1.01 Purpose
The city finds that the proper operation of government requires that
employees be independent ,impartial,and responsible to the people!that
government decisions and policy be made in the proper channels of the
governmental structure!and that the public have confidence in the
integrity of its government .Accordingly ,it is the purpose of this policy to
establish ethical standards of conduct for all employees of the city!to set
forth those acts that are incompatible with such standards!to require
disclosure by such employees of private financial or other interests in
matters affecting the city!and to provide effective means for enforcement
thereof.This policy is not to be construed so as to impair the ability of
city employees to participate in ceremonial,representational or
informational functions in the pursuit of their official duties.
A.
This policy shall be liberally construed in favor of protecting the public's
interest in full disclosure of conflicts of interest and promoting ethical
standards of conduct for city employees.
B.
This policy shall be interpreted and applied to allow inadvertent minor
violations to be corrected and cured without disciplinary action and in
conformance with the spirit and purpose of this policy.
C.
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
Policy Statement1.02
It is the policy of the City of Camas (1)to encourage reporting by its employees of improper
governmental action taken by City of Camas officers or employees and (2)to protect City of Camas
officers and employees who have reported improper governmental actions in accordance with the
City of Camas's policies and procedure(s).
Definitions1.03
As used in this policy,the following terms shall have the meanings indicated:
“City agency”means every department or any subdivision thereof.A.
“City employee”or “employee”means every position of employment in any city agency and
any elected or appointed City officer.
B.
“Person”means individual,association,corporation,or other legal entity.C.
“Subject”means the person to whom the whistleblower alleges responsibility.D.
“Improper governmental action”means any action by a City of Camas employee:E.
That is undertaken in the performance of the employee’s official duties,whether or not the
action is within the scope of the employee’s employment;and
1.
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.
2 .
“Improper governmental action”does not include personnel actions,including
employee grievances,complaints,appointments,promotions,transfers,assignments,
reassignments,reinstatements,restorations,reemployment,performance evaluations,
reductions in pay,dismissals,suspensions,demotions,violations of collective
bargaining or civil service laws,alleged violations of labor agreements or
reprimands.
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
“Retaliatory action"means any adverse change in the terms and conditions of a City of
Camas employee’s employment.F.
“Emergency”means a circumstance that if not immediately changed may cause damage to
persons or property.
G.
1.04 Prohibited Conduct
No current city employee shall :
Improper Use of Official Position.A.
Use his or her official position for a purpose that is,or would to a reasonable person
appear to be primarily for the private benefit of the employee,rather than primarily
for the benefit of the city;or to achieve a private gain or an exemption from duty or
responsibility for the employee or any other person;
1.
Use or permit the use of any person,funds,or property under his or her official
control,direction,or custody,or of any city funds or city property,for a purpose
which is,or to a reasonable person would appear to be,for other than a city purpose ;
provided,that nothing shall prevent the private use of city property which is available
on equal terms to the public generally (such as the use of library books or tennis
courts ),the use of city property in accordance with city policy for the conduct of
official city business (such as the use of a city automobile),if in fact the property is
used appropriately;or the use of city property for participation of the city in activities
of associations of governments or governmental officials;
2 .
Except in the course of official duties,assist any person in any city transaction where
such city employee's assistance is,or to a reasonable person would appear to be,
enhanced by that employee's position with the city;provided that this subsection
shall not apply to:any employee appearing on his or her own behalf or representing
himself or herself as to any matter in which he or she has a proprietary interest,if not
otherwise prohibited by ordinance;
3 .
Accept Gifts or Loans.B .
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
Solicit or receive any retainer,gift,loan,entertainment,favor,or other thing of
monetary value from any person or entity where the retainer,gift,loan,
entertainment,favor,or other thing of monetary value has been solicited,or received
or given or,to a reasonable person,would appear to have been solicited,received or
given with intent to give or obtain special consideration or influence as to any action
by such employee in his or her official capacity .
1.
Disclose Privileged Information.C.
Disclose or use any privileged or proprietary information gained by reason of his or
her official position for the immediate or anticipated personal gain or benefit of the
employee or any other person or entity;provided,that nothing shall prohibit the
disclosure or use of information which is a matter of public knowledge,or which is
available to the public on request.
1 .
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
1.05 Prohibited Conduct After Leaving City
No former employee shall,during the period of one (1)year after leaving city office or
employment:
A.
Disclose or use any privileged or proprietary information gained by reason of his/her
city employment for his/her gain or anticipated gain,or for the gain or anticipated
gain of any person,unless the information is a matter of public knowledge or is
available to the public on request;
1.
Assist any person in proceedings involving the agency of the city with which he/she
was previously employed,involving a matter in which he or she was officially
involved,participated or acted in the course of duty;
2 .
Represent any person as an advocate in any matter in which the former employee was
officially involved while a city employee;
3.
Participate as a competitor in any competitive selection process for a city contract in
which he or she assisted the city in determining the project or work to be done or the
process to be used.
4.
The prohibitions of Sections 1.05 A2 and 1.05 A3 shall not apply to former employees acting
on behalf of a governmental agency unless such assistance or representation is adverse to the
interest of the city .
B.
1.06 Procedures for Reporting Improper Governmental Actions
In order to be investigated,an assertion of improper governmental action must be provided to the
City within one year after the occurrence of the asserted improper governmental action.
City of Camas employees who become aware of improper governmental actions should file a report
through the City Administrator or such other person as may be designated by the City Administrator
to receive reports of improper governmental action.
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
In the case of an emergency,where the employee believes that damage to persons or property may
result if action is not taken immediately,the employee may report the improper governmental action
directly to the appropriate government agency with responsibility for investigating the improper
action.
The City Administrator or the City Administrator’s designee,as the case may be,shall take prompt
action to assist the City of Camas in properly investigating the report of improper governmental
action.City of Camas officers and employees involved in the investigation shall keep the identity
of reporting employees confidential to the extent possible under law,unless the employee authorizes
the disclosure of his or her identity in writing.After an investigation has been completed,the
employee reporting the improper governmental action shall be advised of a summary of the results
of the investigation,except that personnel actions taken as a result of the investigation may be kept
confidential.
City of Camas employees may report information about improper governmental action directly to
the appropriate government agency with responsibility for investigating the improper action if the
employee reasonably believes that an adequate investigation was not undertaken by the City of
Camas to determine whether an improper governmental action occurred,or that insufficient action
has been taken to address the improper governmental action or that for other reasons the improper
governmental action is likely to recur.
City of Camas employees who fail to make a good-faith attempt to follow the City’s procedures in
reporting improper governmental action shall not receive the protections provided by the city in
these procedures.
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER )
1.07 Complaints,Investigations,Review and Enforcement
Any person may file a complaint alleging a violation of this policy,as set forth in Section
1.06 Procedures for Reporting.A.
The complaint shall be in writing and shall,except as described in section C below,be signed
by the complainant.The written complaint should state the nature of the alleged violation(s),
the date(s),time and place of each occurrence,and name of the person(s)charged with the
violation(s).To facilitate the reporting requirements the City will provide a Whistleblower
Reporting Form.The complaint shall be filed with the City Administrator who shall provide
a copy to the person charged with a violation.The complainant shall provide the City
Administrator with all available documentation or other evidence to demonstrate a reason
for believing that a violation has occurred.
B .
This policy is intended to protect employees who choose to come forward in good faith with
complaints about governmental actions and conduct of City of Camas employees.C.
Anonymous complaints have the potential to subject the person who is the subject of the
complaint to an investigation that may,at the least,cause stress and embarrassment,and
may,at most,result in discipline or termination of employment.The City is reluctant to
begin an investigation based on an anonymous complaint due to the fact that evidence will
be difficult to obtain and verify,and it will be impossible to assess the complainant's
credibility.Complainants and whistleblowers have protection from retaliation under City
policy ,and a thorough investigation of such complaints is the City's goal.It is not possible
to conduct a thorough investigation when a complainant remains anonymous.Therefore,the
City reserves the right to decline to investigate any complaint that is provided anonymously.
If a complaint is received anonymously it shall be referred to the City Attorney for a
recommendation on the processing of the complaint.Upon review of the complaint,the City
Attorney will make a recommendation to the City Administrator.Such a recommendation
will be made within ten (10)days of receipt of the complaint,if possible.Upon receipt of
the City Attorney’s recommendation,the City Administrator shall make the final
determination on whether or not to investigate the matter.
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
Within thirty (30)days after receipt of a complaint,the City Administrator or another person
appointed by the City Administrator shall conduct a preliminary investigation.If the City
Administrator is implicated in the complaint,the City Attorney will determine who will
conduct the City’s investigation.Criminal allegations will be referred to the proper law
enforcement agency.
D.
If the City Administrator determines,after preliminary investigation,that there are no
reasonable grounds to believe that a violation has occurred,the City Administrator shall
dismiss the complaint.If the City Administrator does so dismiss the complaint,he or she
shall do so in writing,setting forth a summary of the facts and provisions of law upon which
the dismissal is based,and shall provide a copy of the written dismissal to the complainant
and to the person charged with the violation.
E.
The City Administrator shall take final action on the complaint after the preliminary
investigation,unless the complaint has been dismissed or the City Administrator has
determined that the violation was inadvertent and minor and was or is being satisfactorily
corrected and cured.
F.
Final action upon a complaint shall occur within sixty (60)days after receipt of a complaint.
The City Administrator shall issue a written determination stating whether the policy has
been violated and setting forth a summary of the facts and the provisions of law upon which
this determination is based.A copy of said determination shall be delivered to the
complainant,to the person charged with a violation,and,where appropriate,to the person’s
supervisor.
G .
If the City Administrator determines that an employee has violated the provisions of this
policy,the City Administrator may subject the employee to disciplinary action.In addition
to any other penalty herein or otherwise provided by law,a violation shall be cause for
suspension,discharge,or removal from employment,or such other disciplinary action as
may,by the mayor,be deemed necessary and proper,and consistent with city administration
and personnel ordinances and rules;provided,that this section shall not derogate from
employee rights under any collective bargaining agreement or city administration and
personnel ordinances,or rules promulgated thereunto.
H.
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER )
Protection Against Retaliatory Actions1.08
City of Camas officials and employees are prohibited from taking retaliatory action against an
employee because he or she has in good faith reported an improper governmental action in
accordance with these policies and procedures.
Employees who believe that they have been retaliated against for reporting an improper
governmental action should advise in writing their supervisor ,the City Administrator or the City
Administrator’s designee.City of Camas officials and supervisors shall take appropriate action to
investigate and address complaints of retaliation.
If the employee’s supervisor ,the City Administrator,or the City Administrator’s designee,as the
case may be,does not satisfactorily resolve an employee’s complaint that he or she has been
retaliated against in violation of this policy ,the employee may obtain protection under this policy
and pursuant to state law by providing a written notice to the City of Camas’s City Council that:
Specifies the alleged retaliatory action and
Specifies the relief requested .
a.
b.
City of Camas employees shall provide a copy of their written charge to the City Administrator no
later than thirty (30)days after the occurrence of the alleged retaliatory action.The City of Camas
shall respond within thirty (30)days to the written charge of retaliatory action.
After receiving either the response of the City of Camas or thirty days after the delivery of the charge
to the City of Camas,the employee may request a hearing before a state administrative law judge
to establish that a retaliatory action occurred and to obtain appropriate relief provided by law.An
employee seeking a hearing should deliver the request for hearing to the City Administrator within
the earlier of either fifteen (15)days of delivery of the City of Camas’s response to the charge of
retaliatory action,or forty-five (45)days of delivery of the charge of retaliation to the City of Camas
for response.
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER )
Upon receipt of request for hearing ,the City of Camas shall apply within five (5)working days to
the State Office of Administrative Hearings for an adjudicative proceeding before an administrative
law judge:
Office of Administrative Hearings
PO Box 42488,(919 Lakeridge Way SW 2nd Floor)
Olympia,WA 98502-6026
Voice (360)664 -8717 Fax (360)664-8721
The City of Camas will consider any recommendation provided by the administrative law judge that
the retaliator be suspended with or without pay ,or dismissed.
Responsibilities1.09
The City Administrator is responsible for implementing the City of Camas’s policies and procedures
(1 )for reporting improper governmental action and (2)for protecting employees against retaliatory
actions.This includes ensuring that this policy and these procedures (1 )are permanently posted
where all employees will have reasonable access to them,(2)are made available to any employee
upon request and (3)are provided to all newly-hired employees.Officers,managers and supervisors
are responsible for ensuring the procedures are fully implemented within their areas of responsibility.
Violations of this policy and these procedures may result in appropriate disciplinary action,up to
and including dismissal.
List of Agencies1.10
Following is a list of agencies responsible for enforcing federal,state and local laws and
investigating other issues involving improper governmental action.Employees having questions
about these agencies or the procedures for reporting improper governmental action are encouraged
to contact the City Administrator.
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
State Department of Ecology
Mailing Address:
PO Box 47775
Olympia,WA 98504-7775
Location:300 Desmond Drive
Lacey,WA 98503
(360)407-6300
LOCAL AGENCIES
City of Camas
City Administrator
616 N.E.Fourth Avenue
Camas,WA 98607
(360)834-6864
Clark County
Prosecuting Attorney's Office
1200 Franklin Street
P.O .Box 5000
Vancouver,WA 98668
(360)699-2261
State Department of Health
Health Consumer Assistance
PO Box 4789
Olympia,WA 98504-7891
(800 )525-0127
Human Rights Commission
711 South Capitol Way ,#402
PO Box 42490
Olympia,WA 98504-2490
(360)753-6770 or (800)233-3247
STATE AGENCIES
Office of the Attorney General
Antitrust Division
900 Fourth Avenue,Suite 2000
MS TB 14
Seattle,WA 98164-1012
(206)464-7744 Department of Labor &Industries
Mailing Address:
PO Box 44850
Olympia,WA 98504-4850
Location:7273 Linderson Way SW
Camas,WA 98501-5414
(360)902-5799
Office of the Attorney General
1125 Washington Street SE
PO Box 40100
Olympia,WA 98504-0100
(360)753-6200
Liquor Control Board
3000 Pacific Avenue SE
Olympia,WA 98504-3080
(360)664-1600
State Auditor's Office
Attn:ED
PO Box 40021
Olympia,WA 98504-0021
(360)902-0370
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
Department of Commerce
Office of Inspector General
915 Second Avenue
Room 3062
Seattle,WA 98174
(206)220-7970
Department of Natural Resources
1111 Washington Street SE
PO Box 47000
Olympia,WA 98504-7000
(360)902-1000
Puget Sound Water Quality Action Team
PO Box 40900
Olympia,WA 98504
(360)407-7300
Consumer Product Safety Commission
1301 Clay Street,Suite 610-N
Oakland,CA 94612-5217
(510)637-4050
Dept ,of Social &Health Services
Director’s Office
4450 10th Avenue SE
Mail Stop 45840
Lacey,WA 98503
(360)902-8400
Customs Service
P.O.Box 55700
Portland,OR 97238-5700
(503)326-7625
Location:
8337 NE Alderwood Road,Room 200
Portland,OR 97220FEDERALAGENCIES
Department of Agriculture
Office of Inspector General
75 Hawthorne Street,Suite 200
San Francisco,CA 94105-3920
(415)744-2851
Department of Education
Jackson Federal Building
915 2nd Avenue,Room 3362
Seattle,WA 98174-1099
(206)220-7800
Bureau of Alcohol,Tobacco &Firearms
Seattle Field Division
915 2nd Avenue,Room 790
Seattle,WA 98174-1093
(206)389-5800
Environmental Protection Agency
1200 Sixth Avenue
Seattle,WA 98101
(206)553-1200
Attorney’s Office
1201 Pacific Avenue,Suite 700
Tacoma,WA 98402-4305
(253)428-3800
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER )
Nuclear Regulatory Commission
Region IV
611 Ryan Plaza,Suite 400
Arlington,TX 76011-8064
(800)695-7403
Equal Employment Opportunity Commission
Federal Office Building
909 First Avenue,Suite 400
Seattle,WA 98104-1061
(206)220-6883 or (800)669-4000
Seattle,WA
(206)220-6883 ;(800)368-9331 Securities and Exchange Commission
Pacific Regional District Office
44 Montgomery Street,Suite 1100
San Francisco ,CA 94104
(415)705-2500
Federal Emergency Management Agency
Federal Regional Center
130 228th Street SW
Bothell,WA 98021 -9796
(425 )487 -4600 Social Security
402 Yauger Way SW
Olympia,WA 98502
(800)772-1213FederalTradeCommission
2896 Federal Building
915 Second Avenue
Seattle,WA 98174
(877)382-4357
Department of Transportation
Washington Division Office
711 South Capitol Way,Suite 501
Mail Stop:40943
Olympia,WA 98501
(360)753-9480
General Services Administration
400 15th Street SW
Auburn,WA 98001
(253 )931 -7500 National Transportation Safety Board
19518 Pacific Highway South
Suite 201
Seattle,WA 98188
(206)870-2200
Dept ,of Health &Human Services
1200 Sixth Avenue,Room 1930
Seattle,WA 98101
(206)553-1049
Department of Treasury
Internal Revenue Service (Local Office)
404 Legion Way
Olympia,WA 98501
(360)570-5410
Housing and Urban Development
Seattle Federal Office Building
909 First Avenue,Suite 200
Seattle,WA 98104-1000
(206)220-5101 or (877)741-3281
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CITY OF CAMAS
EMPLOYEE CODE OF ETHICS AND POLICY FOR REPORTING IMPROPER
GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST
RETALIATION (WHISTLE BLOWER)
Department of Treasury
Financial Management Service
San Francisco Financial Center
P.O.Box 193858
San Francisco,CA 94119
(415)817-7300
Department of Interior
Western WA Fish and Wildlife
510 Desmond Drive SE,Suite 102
Lacey,Washington 98503
(360)753-9440
Department of Justice
Drug Enforcement Administration
400 2nd Avenue West
Seattle,WA 98119
(206)553-5443
Department of Veterans Affairs
Veterans Benefits Administration
Federal Building
915 2nd Avenue
Seattle,WA 98174
(800)827-1000DepartmentofLabor
Occupational Safety &Health (OSHA)
1111 Third Avenue,Suite 715
Seattle,WA 98101-3212
(206)553-5930
Office of Inspector General Audits
1111 Third Avenue,Suite 780
Seattle,WA 98101-3212
(206)553-4880
Veterans Health Administration
4916 Center Street,Suite E
Tacoma,WA 98409
(253)565-7038
Office of Women's Bureau
1111 Third Avenue,Suite 885
Seattle,WA 98101-3212
(206)553-1534
Mine Safety &Health Admin.
3633 136th Place,SE,Room 206
Bellevue,WA 98006
(206)553-7037
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