Whistle Blowers

Wednesday, November 26, 2008

Whistle Blowers

I received this question on a different topic post and felt it deserved a discussion thread of it's own.


QUESTION:


April, I know that this is not the proper forum for this question or comment, but what do you think about the growing number of education blogs dedicated to the many serious problems within the HCPS?


What advice can you provide those bloggers who want their stories to come out but are afraid of being retaliated against. These are your constituents and they need your help. Any suggestions?
MY ANSWER:

As you can see I support blogs. You are protected by the 1st amendment of the US constitution.

I am very supportive of any medium that encourages transparency. That being said I would hope that the intent of any blog is to create a better school district in the end, not just to hurt the district or individuals without the ultimate goal being continuous improvement.

As for advice for bloggers I would say to try to resolve problems through proper channels with the blogs as the last avenue of attempting to have your story heard.

One of the channels available is the whistle blowers policy. I will list it below.

Also, my contact information is listed on this site. Do not hesitate contacting me or any other board members you trust for aid.

Here is policy for reporting violations:

6.31 -- REPORTING OF VIOLATIONS SUMMARY OF PROCEDURES -- (Adopted: 6/18/02)

Definitions:As used in these procedures, the following words or terms shall have the meanings indicated:

Agency means the school board, any official of the school board or any public school. Employee means any person hired by the school board after completing the personnel procedures required.

Independent contractor means any person or company, other than a school board employee, who provides goods and/or services to the school board and enters into a contractual agreement with the school board.

Adverse personnel action means the discharge, suspension, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or independent contractor.

Gross mismanagement means a continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct that may have a substantial adverse economic impact.

Protected Individuals:

Employees of the school board, independent contractors for the school board or other persons who disclose information on their own initiative in a written and signed complaint, or who are requested to participate in an investigation, hearing or other inquiry conducted by any local, state or federal governmental agency, or who refuse to participate in any adverse action prohibited by this policy are protected by the policy.

Nature of Information Disclosed:

The information disclosed under this section shall include:

Any violation or suspected violation of federal, state or local laws, school board policies, procedures or regulations committed by an employee, an agent of the school board, or an independent contractor that creates and presents a substantial and specific danger to the public's health, safety, welfare or to the school board's interests.

Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds or gross neglect of duty committed by an employee, an agent of the school district or an independent contractor.

To Whom to Disclose Information:

The written signed complaint shall be disclosed to the superintendent of schools, or designee, or to an appropriate school board entity having the authority to investigate, police, manage or otherwise remedy the violation or act.

Confidentiality:

1. The name or identity of any individual who discloses violation information in good faith is confidential. This identity shall not be disclosed to anyone other than the department or agency empowered to investigate unless: The identity disclosure is necessary to prevent a substantial and specific danger to the public's health, safety or welfare. If it is determined that the disclosure of the information is absolutely necessary for this reason, it may be disclosed only to persons who are in a position to prevent the danger or to prevent the imminent commission of a crime based on the disclosed information; or The disclosure is unavoidable and absolutely necessary during the course of the investigation; or The disclosure is otherwise required by law; or The disclosure is necessary in order for the school board to defend or prosecute an employee regarding the subject matter of the employee complaint.

2. All information received initially and produced from fact-finding or investigations related to the disclosure is confidential and is exempt from a public records request while the investigation is active.

Employee Obligations:

1. It is the obligation and essential duty of an employee to report any and all suspected acts of criminal conduct, mismanagement, unethical behavior or any other inappropriate conduct, act or failure to act by any other employee or independent contractor.

2. The failure to make such report shall be grounds for disciplinary action against the employee.

Actions Prohibited:

1. The school board, agents of the school board or independent contractors are prohibited from taking retaliatory action or adverse personnel action against any employee who reports violations or discloses information covered under this policy.

2. The provisions of this subsection shall not be applicable when an employee or person discloses information known by the employee or person to be false.

3. No remedy or other protection under this policy applies to any person who has committed or intentionally participated in committing the violation or suspected violation for which protection under the policy is being sought.

Posted by April Griffin at 11/26/2008 04:11:00 PM 5 comments