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As used in this policy, the following terms shall have the meaning indicated:

A. “Abuse of authority” means intentional misuse of power or position by a public officer or employee for an improper purpose.

B. “Emergency” means a circumstance that if not immediately changed may cause harm or injury to persons or property.

C. “Good faith” means action taken after a reasonable investigation of facts available to the employee, and after due consideration and with an honestly held belief that there was improper conduct.

D. “Gross waste” means a significant or recurring intentional misuse of public funds, and does not include unintentional errors.

E. “Improper governmental action” means any action by a city officer or employee:

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

2. That:

a. Is in violation of any federal, state or local law or rule;

b. Is an abuse of authority with substantial adverse impact to the public interest;

c. Is a substantial and specific danger to the public health or safety; or

d. 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, reductions in pay, dismissals, suspensions, demotions, violations of applicable collective bargaining and civil service laws, alleged labor agreement violations, reprimands, or any other personnel action taken under authority of state law.

F. “Retaliatory action” means any adverse change in a city employee’s employment status or in the terms and conditions of a city employee’s employment based on the reporting by the employee of improper governmental actions.

G. “Rule” means any order, directive, or regulation, the violation of which subjects a person to a penalty or administrative sanction. (Ord. 4526 § 4, 1993.)