In 1992, the Washington State Legislature did adopt the Local Government Whistleblower Act in Chapter 44, Laws of 1992. This Act defines local governments and stipulates the procedures for local government policies regarding employee reports of improper acts by the local government, and reports by employees of any retaliatory action against them by such local governments.
(Ord. 286 § 1, 1993; Ord. 17-578 § 1 (Exh. B (part)), 2017)
A. 
"Improper governmental action"
is any action by a local government officer or employee 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 that in violation of any Federal, State, or local law or rule; is an abuse of authority; is of substantial and specific danger to the public health or safety; or is a gross waste of public funds.
"Improper governmental action" does not include personnel actions (hiring, firing, promotions, reassignment, complaints, grievances, etc.). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications.
B. 
"Retaliatory action"
means any adverse change in a local government employee's employment status or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, letters of reprimand, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary action resulting from a report of improper governmental conduct.
(Ord. 286 § 1, 1993; Ord. 17-578 § 1 (Exh. B (part)), 2017)
A. 
To report an improper act of the Town of Woodway government, an employee must submit a report in writing to the Woodway government, before reporting such action to any persons outside the local government. A list of appropriate persons within the government of Woodway and outside the local government to receive such reports shall be included in the Policies and Procedures Manual provided to all Woodway employees.
B. 
A summary of procedures for reporting improper governmental actions shall be included in the Policies and Procedures Manual for all employees.
C. 
The identity of the reporting employee shall be kept confidential to the full extent possible under law, unless the employee authorizes disclosure of his/her identity in writing.
D. 
It is unlawful for a local government to take any kind of retaliatory action because an employee, in good faith, provided information that improper government action occurred.
1. 
The Town of Woodway employee who believes that he/she has been retaliated against must provide written notice of the retaliatory action within thirty days of such action. This will be provided to an appropriate in-Town contact from the list mentioned above.
2. 
Woodway government must respond within thirty days of receipt of written notice of retaliatory action.
3. 
If an employee believes notice has not been properly addressed by the Town of Woodway government, or relief from such reported retaliatory action has not been achieved from the Town of Woodway government within thirty days, the whistleblower (employee reporting retaliatory action) has fifteen days from the date of local government response to report, or from the thirty-day response time allowed to the Town of Woodway government if no response is received, to request a hearing to establish that retaliatory action has occurred and to obtain relief.
E. 
Hearings on Retaliatory Action.
1. 
Within five days of receiving the request for a hearing from the whistleblower, the Town of Woodway government shall apply to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge.
2. 
The whistleblower must prove his or her claim by a preponderance of evidence.
3. 
The administrative law judge must issue a final decision within forty-five days after the date the request for hearing was delivered to the Town of Woodway government.
4. 
The administrative law judge may reinstate the employee with or without pay, award costs and reasonable attorney's fees to the prevailing party, impose a civil penalty personally upon the retaliator of up to three thousand dollars and recommend that any person found to have retaliated be suspended with or without pay or dismissed.
5. 
Penalties are paid to the local government administrative hearings account.
6. 
Final decision of the administrative law judge is subject to judicial review.
(Ord. 286 § 2, 1993; Ord. 17-578 § 1 (Exh. B (part)), 2017)
A. 
The Town of Woodway shall contribute to the costs of administrative hearings required to enforce the Local Government Whistleblower Act through a surcharge added to the Town's audit by the Washington State Auditor's office. Initially, this amount shall be at the rate of ten cents per hour of auditing time, and after June 30, 1995, the rate for this surcharge shall be based on the amount collected and deposited into this fund and the remaining funds available.
B. 
Payment of this surcharge shall entitle the Town of Woodway to the first twenty-four hours of costs associated with the hearing review in each case. Any additional costs shall be determined by the administrative law judge at the time of hearing.
(Ord. 286 § 3, 1993; Ord. 17-578 § 1 (Exh. B (part)), 2017)
The Town of Woodway, upon adoption of this chapter, shall provide a copy to all Town employees, shall post a summary of procedures for reporting improper acts and retaliatory actions, and shall include a copy of the ordinance codified in this chapter as an appendix item in the Town's personnel policies and procedures manual.
(Ord. 286 § 4, 1993; Ord. 17-578 § 1 (Exh. B (part)), 2017)
The Mayor is responsible for implementing the Town of Woodway's policies and procedures for reporting improper governmental action and for protecting employees against retaliatory actions. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal.
(Ord. 286 § 5, 1993; Ord. 17-578 § 1 (Exh. B (part)), 2017)