Translate

GBMA - Whistleblower

Code:  GBMA
Adopted:  9/25/17
 

When an employee has good faith and reasonable belief the employer has violated any federal, state or local, law, rule or regulation; has engaged in mismanagement, gross waste of funds or abuse of authority; or created a substantial and specific danger to public health and safety by its actions, and an employee then discloses or plans to disclose such information, it is an unlawful employment practice for an employer to:

1.      Discharge, demote, transfer, reassign or take disciplinary action against an employee or threaten any of the previous actions.

2.       Withhold work or suspend an employee.

3.       Discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment.

4.       Direct an employee or to discourage an employee to not disclose or to give notice to the employer prior to making any disclosure.

5.       Prohibit an employee from discussing, either specifically or generally, the activities of the state or any agency of or political subdivision in the state, or any person authorized to act on behalf of the state or any agency of or political subdivision in the state, with:

a.       Any member of the Legislative assembly;

b.       Any Legislative committee staff acting under the direction of any member of the Legislative assembly; or

c.       Any member of the elected governing body of a political subdivision in the state or any elected auditor of a city, county or metropolitan service district.

The district will use the complaint process in policy KL- Public Complaints to address any alleged violations of this policy.

An employee’s good faith and reasonable belief shall serve as an affirmative defense to civil or criminal charges related to the employee’s disclosure of lawfully accessed information related to the violation, including information that is exempt from disclosure by public records law.

The district shall deliver a written or electronic copy of this policy to each staff member.

 END OF POLICY
 


Legal Reference(s):
ORS 192.501 to -192.505
ORS 659A.199 to -659A.224
OAR 581-022-2405

Anderson v. Central Point Sch. Dist., 746 F.2d 505 (9th Cir. 1984).
Connick v. Myers, 461 U.S. 138 (1983).

Cross Reference(s):
GBM - Staff Complaints