RESOLUTION NO. 16-10

A RESOLUTION ADOPTING POLICIES OF NO RETALIATION FOR REPORTING IMPROPER OR UNLAWFUL CONDUCT

WHEREAS, the 2016 Legislature of the State of Oregon Amended Oregon Revised Statutes 659A.200, 659A203, and 659A.885 providing further protections for Public Employees from retaliation due to a good faith reporting of improper or unlawful conduct; and

WHEREAS, the new law requires employers to produce a policy that “delineates the rights and remedies found in the law”; and

WHEREAS, the City currently provides for “Whistle Blower” protection in Section 7 of the Employee Handbook; and

WHEREAS, the City Council intends to comply with State Statute;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

Section 1. Reporting.

An employee, or volunteer member of a City Board, Commission, Committee, or

Task Force of the City of Sodaville may report reasonable concerns about the City’s compliance with any laws,

regulation or policy using one of the methods identified in this policy:

A. Immediate Supervisor: An employee of the City may report the potentially improper or unlawful conduct to his or her immediate supervisor. If the employee is not comfortable speaking with their immediate supervisor, or they are not satisfied with their supervisor’s response, they are encouraged to speak with the following, in order:

1. The City Administrator

2. The City Attorney.

3. The City Mayor

Supervisors and managers are required to inform the City Administrator about reports of improper or unlawful conduct they receive from employees immediately.

B. Open Door: Nothing in Section 1(A.) will preclude an employee from availing themselves of the City Administrator’s Open Door policy. However, the employee should first talk to their immediate supervisor.

C. Improper or Unlawful Conduct: The City will not retaliate against any employee or volunteer who discloses information that the employee or volunteer reasonably believes is evidence of:

1. A violation of any federal, Oregon, or local law, rules or regulations by the City.

2. Mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health resulting from actions of the City.

3. A substantial and specific danger to the public health and safety resulting from actions of the City; or the fact that a recipient of government services is subject to a felony or misdemeanor arrest warrant.

Section 2. Prohibited Acts of The City.

The City is prohibited from engaging in disciplinary actions in response to an employee who reasonably believes there is an improper or unlawful conduct which the employee has reported or is attempting to report. The City is further prohibited from removing any volunteer member of a City Board, Commission, Committee, or Task Force of the City who reasonably believes there is improper or unlawful conduct and reports, or attempts to report such conduct. The City may not prohibit an employee or volunteer who reasonably believes there is improper or unlawful conduct from reporting such conduct.

Section 3. Employee and Volunteer Protections.

In accordance with State law, the City will not prohibit an employee or volunteer of a City Board, Commission, Committee, or Task Force from discussing the activities of a public body or a person authorized to act on behalf of a public body with a member of the Legislative Assembly, legislative committee staff acting under the direction of a member of the Legislative Assembly, any member of the elected governing body of the City, County, or other service district.

A. Employee and Volunteer Remedies: If the City were to prohibit, discipline, or threaten to discipline an employee, or volunteer for engaging in an activity described above, the employee or volunteer has the following remedies:

1. An employee may file a complaint with the Oregon Bureau of Labor and Industries or bring civil action in court to secure all remedies provided for under Oregon law.

2. A volunteer may file a complaint with the City Attorney or District Attorney, or bring civil action in court to secure all remedies provided for under Oregon law.

Section 4. Confidentiality.

Reports of unlawful or improper conduct will be kept confidential to the extent allowed by law and consistent with the need to conduct an impartial and efficient investigation.

Section 5. Effective Date.

This Resolution shall be effective upon adoption by the City Council and approval of the Mayor.

Passed by the Council this 15 day of December, 2016.