[HISTORY: Adopted by the Suffolk County Legislature 9-12-1979 by L.L. No.
26-1979 (Ch. 49 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
The purpose of this chapter is to protect employees who make
allegations of corrupt or other criminal activity, conflicts of interest,
unethical conduct, misconduct and incompetence.
"Improper government action" shall mean any action by an employee
which is undertaken which is in violation of any federal, state or
local law, rule or regulation or which is economically wasteful, whether
or not such action is within the scope of his employment.
A.
Any employee may in good faith provide information on any matter
involving improper government action to:
[Amended 9-26-1989 by L.L. No. 35-1989]
B.
Any County officer or official receiving such a report of improper
government action shall either conduct his/her own investigation or
refer the matter to the appropriate department to obtain a preliminary
investigation and a more complete detailed investigation of the alleged
charges.
[Amended 9-26-1989 by L.L. No. 35-1989]
C.
If there is such preliminary investigation undertaken by the appropriate
authorities, it shall not exceed 90 days to determine the validity
of the charges. In conducting such an investigation, the identity
of the person providing the information which initiated the investigation
shall be kept confidential.
D.
If, upon completion of the preliminary investigation, it appears
to the authorities conducting the investigation that the matter is
so unsubstantiated that no further investigation, prosecution or action
is warranted, he or she shall so notify the person who provided the
information initiating the investigation. Such notification shall
be by memorandum containing a summary of the information received,
a summary of the results of the preliminary investigation with regard
to each allegation of improper government action and any determination
made by the investigating officer.
E.
In any case to which this section applies, the identity of the person
who provided the information initiating the investigation shall be
kept confidential, unless the investigating officer determines that
the information has been provided other than in good faith.
F.
If it appears to the investigating officer after completion of the
preliminary investigation that further investigation, prosecution
or administrative action is warranted, he or she shall refer the matter
to the investigating department and notify the party (if known) who
provided the information initiating the investigation that the investigation
is continuing.
G.
Where the preliminary investigation is being undertaken by the investigating
officer, such investigation shall be conducted in accordance with
established rules and regulations. If upon completion of the preliminary
investigation it is determined that no further action is warranted,
the investigating officer will so notify the person (if known) who
provided the information initiating the investigation that the investigation
is closed.
H.
If the investigating officer determines there is reasonable cause
to believe an employee is engaged in any improper activity, the officer
shall report the nature and details of such activity to the proper
authority to whom the original report of improper government action
was made and to such other authority as the investigating officer
deems appropriate.
A.
No employee may, directly or indirectly, use or attempt to use the
official authority or influence of such employee for the purpose of
intimidating, threatening, coercing, commanding, influencing or attempting
to intimidate, threaten, coerce, command or influence any individual
for the purpose of interfering with the right of such individual to
disclose information relative to improper government action.
B.
Use of official authority or influence includes:
(1)
Promising to confer or conferring any benefit (such as compensation,
grant, contract, license or ruling) or effecting or threatening to
effect any reprisal (such as deprivation of any compensation, grant,
contract, license or ruling); or
(2)
Taking, directing others to take, recommending, processing or approving
any personnel action as defined herein.
A.
The County Personnel Officer shall by rule establish a program which provides that during the two-year period after a report, the employee making such report may inform the County Personnel Officer of any changes in the employee's work situation which the employee believes are related to the employee's having provided such information to any official listed in § 71-3A. The County Personnel Officer shall investigate such change in the employee's work situation, and, if he determines that a personnel action has been taken as a reprisal against such employee, he shall report such determination to the appropriate department and to any officer specified to whom the original report of improper government action was made and to such other authority as the County Personnel Officer deems appropriate.
[Amended 9-26-1989 by L.L. No. 35-1989]
B.
For the purpose of this section, "personnel action" means:
(1)
An appointment.
(2)
A promotion.
(3)
Suspension for one month or less or other disciplinary or corrective
action.
(4)
A transfer, assignment or reassignment.
(5)
A reinstatement.
(6)
A restoration.
(7)
A reemployment.
(8)
A performance evaluation.
(9)
Any action resulting in loss of staff assistance, office space or
equipment or similar benefit.
Nothing in this chapter shall be construed to mean a limitation
on any grievance mechanism or rights of appeal and/or judicial review
currently enjoyed by any employee.
