A. Attached to the ordinance codified in this chapter as Appendix A is a list of agencies responsible for enforcing federal, state and local law and investigating other issues involving improper governmental action. Employees having questions about these agencies or other procedures for reporting improper governmental action are encouraged to contact their supervisor or such other person as may be designated by their supervisor.

B. City employees who obtain knowledge of facts demonstrating improper governmental actions should raise the issue first with their supervisor, the city manager, the city manager’s designee, or the appropriate governmental agency responsible for investigating such improper action as listed in the attached Appendix A. If requested by the supervisor, the city manager, or the city manager’s designee, the employee shall submit a written report to the city stating in detail the basis for the employee’s belief that an improper governmental action has occurred.

C. In the case of an emergency, the employee may report the improper governmental action directly to a person or entity who is not the person’s supervisor, the city manager, the city manager’s designee, or a government agency listed in the attached Appendix A. In all other cases, the employee must first follow the reporting procedure outlined in subsection B above.

D. City employees who fail to make a good-faith attempt to follow this policy in reporting improper governmental action shall not receive the protections provided under this policy or the Act. Employees who make false reports may be subject to the disciplinary procedures in the city personnel code.

E. The supervisor, the city manager, or the city manager’s designee, as the case may be, shall take prompt action to assist the city in properly investigating the report of improper governmental action. City officers, administrators, supervisors, and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under the 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 the summary of the results of the investigation, except personnel actions taken as a result of the investigation may be kept confidential.

F. City officials, administrators, supervisors and employees are prohibited from taking retaliatory action against the city employee because he or she has in good faith reported an improper governmental action in accordance with this policy.

G. Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the city manager, or the city manager’s designee. City officials, administrators and supervisors shall take appropriate action to investigate and address complaints of retaliation. If the supervisor, the city manager, or the city manager’s designee, as the case may be, does not satisfactorily resolve a city employee’s complaint that he or she has been retaliated against in violation of this policy, the city employee may obtain protection under this policy by providing, in accordance with subsection H below, a written notice to the city council specifying the alleged retaliatory action, and the relief requested.

H. City employees shall provide written notice given under subsection G by delivery of such notice to the city clerk no later than 30 days after the occurrence of the alleged retaliatory action with a copy to the city manager. The city shall respond within 30 days to the charge of retaliatory action.

I. After receiving the response of the city or 30 days after the delivery of the written notice to the city manager, the city employee may request a hearing before the Bellevue hearing officer to establish that a retaliatory action occurred and to obtain appropriate relief provided by law. An employee seeking a hearing must deliver the request for hearing to the city manager within the earlier of either 15 days of delivery of the city’s response to the charge of retaliatory action or 45 days of delivery of the written notice given under subsection H to the city manager.

J. 

K. The city manager or the city manager’s designee is responsible for implementing the city’s policies and procedures: (1) for reporting improper governmental actions, and (2) for protecting employees against retaliatory actions. This includes insuring that this policy is permanently posted where all employees will have reasonable access to it and that this policy is made available to any employee upon request. The city will, to the extent it considers practical, provide training and education on the whistleblower policy. City supervisors and administrators are responsible for insuring that this policy is fully implemented within their areas of responsibility. Violations of this policy may result in appropriate disciplinary action, up to and including dismissal.

L. This policy shall apply to improper governmental action occurring on or after January 1, 1993. (Ord. 6230 § 2, 2015; Ord. 5023 § 1, 1997; Ord. 4526 § 5, 1993.)