The Board finds that it is in the best interests of the Town of Hempstead to establish Chapter
36 of the Town Code entitled "Whistleblower Protection Act." It is the purpose of this chapter to encourage Town employees to report information that they reasonably and in good faith believe to be a violation of law, rule, Town policy or regulation by another Town employee; or which constitutes an improper governmental action. It is the further purpose of this chapter to protect employees who report such information from reprisals in the form of adverse personnel actions and to establish procedures in order to accomplish this goal.
When used in this chapter, and in accordance with New York Civil
Service Law § 75-b, the following words shall have the meanings
indicated unless the context specifically indicates otherwise:
IMPROPER GOVERNMENTAL ACTION
Any action taken by a Town official or employee, or an agent
of such official or employee, which is undertaken in the performance
of such official's, employee's or agent's official
duties, whether or not such action is within such official's,
employee's or agent's scope of employment, and which action
is in violation of any federal, state or local law, or rule, Town
policy or regulation.
PERSONNEL ACTION
Any action affecting compensation, appointment, promotion,
transfer, assignment, reassignment, reinstatement or evaluation of
performance.
SUPERVISORY AUTHORITY
Managerial authority or any other authority to direct and
control the work performance of any other Town official or employee.
TOWN
The Town of Hempstead.
No official or employee having supervisory authority over another
official or employee of the Town shall engage in, or threaten to engage
in, retaliatory personnel action against any official or employee
because he/she has disclosed to the Town or other governmental body
having jurisdiction, pursuant to the procedures set forth herein,
information:
A. Regarding a violation of a law, rule or regulation which violation
creates and presents a substantial and specific danger to the public
health or safety; or
B. Which the employee reasonably believes to be true and reasonably
believes constitutes an improper governmental action.
If it is determined that a prohibited retaliatory personnel
action has occurred, appropriate action shall be taken, which may
include but shall not be limited to the discipline of the employee(s)
and/or official(s) who caused the retaliatory personnel action to
occur, and, to the extent feasible, affording appropriate relief to
the employee or official who was the subject of the retaliatory personnel
action, including, but not limited to, back pay with interest, attorneys'
fees, and punitive damages.
Nothing in this chapter shall be deemed to diminish the rights,
privileges, or remedies of any official, employee or candidate under
any other law or regulation or under the collective bargaining agreement
or any employment contract.
Allegations made in bad faith may result in disciplinary action.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this chapter
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such judgment or order shall be rendered.