Procedure 5241 - Reporting Improper Governmental Action

I. Definitions: 

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

Employees are encouraged to report instances which they believe constitute governmental misconduct.

II. Reporting: 

Employees who are aware of actions that they believe in good faith constitute improper governmental action should raise the issue first with their supervisor. Where the employee reasonably believes the improper governmental action involves their supervisor, the employee may raise the issue directly with the superintendent, the person whom the superintendent has designated to receive reports of improper governmental action, or a board member. 

In case of emergency where the employee believes that damage to persons or property may result if 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 action will not be eligible for protection outlined. 

III. 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, employees, and board members 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. 

IV. 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 delivered no later than thirty (30) days after the occurrence of the alleged retaliation. The district will respond to the complaint within thirty (30) days of receiving the written notice. 

If the employee alleging retaliation receives no response from the district within thirty (30) days or objects to the district's response, the employee may request a hearing to establish a retaliatory action occurred and to obtain appropriate relief before a state administrative law judge. The request for hearing must be delivered in writing to the superintendent/designee, either fifteen (15) days of delivery of the district's response, or forty-five (45) days after the complaint was filed, if there was no response. 

The district will apply for a hearing within five (5) working days to: 

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. 

V. Intimidation Prohibited 

A district officer, employee, or board member may not use their official authority or influence, directly or indirectly, to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee’s right to report or disclose information concerning an improper governmental action. 

VI. Administration 

A summary of this policy and procedure will be permanently 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 who have questions about these agencies or the procedures for reporting improper governmental action are encouraged to contact their supervisor, the superintendent or designee. 

Adoption: