Last modified: março 26, 2025

Policy 5270 P1 Reporting Improper Governmental Action (Whistleblower Act)

Download Policy 5270 P1 Reporting Improper Governmental Action (Whistleblower Act)

Definições

“Improper governmental action” means any action by a Provo City School District officer or employee that is undertaken in the performance of the officer or employee’s official duties, whether or not the action is within the scope of the employee’s job; and that is:

In violation of any federal, state or local law or rule;
An abuse of authority;
Of substantial and specific danger to the public health or safety; or
A gross waste of public funds.

*Improper governmental action does not include personnel actions.

“Retaliatory action” means any adverse action against an employee taken as a result of the employee reporting an improper governmental action.

Relatórios

Employees who become aware of actions that they believe constitute improper governmental action should raise the issue first with their supervisor. If requested by the supervisor, the employee shall submit a written report to the supervisor or designee, stating in detail the basis for the employee’s belief that an improper governmental action has occurred.

Where the employee reasonably believes the improper governmental action involves his or her supervisor, the employee may raise the issue directly with the superintendent or the person whom the superintendent has designated to receive reports of improper governmental action.

In case of emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, or where the employee has a legal obligation to report (for instance, where child abuse is suspected), the employee shall report the improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action.

District employees who fail to make a good faith attempt to follow this policy and procedure in reporting improper governmental conduct shall not be eligible for the protections outlined.

Resposta

The employee’s supervisor, the superintendent or the superintendent’s designee shall take prompt action to see that the report of improper governmental action is properly investigated.

Persons involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under law unless the employees authorize the disclosure of their identities in writing.

After an investigation has been completed, the reporting employee shall receive a summary of the investigation results, except to the extent that resulting personnel actions must be kept confidential. If a reporting employee reasonably believes that an adequate investigation was not done by the district, that insufficient action has been taken, or that the improper governmental action is likely to reoccur, the employee may report information about the improper governmental action directly to the appropriate government agency.

Retaliação

Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the superintendent or the superintendent’s designee. Appropriate action to investigate and address complaints of retaliation shall be taken.

If the complaint cannot be informally resolved, the employee shall provide written notice to the superintendent that specifies the alleged retaliatory action and the relief requested by the employee. The written complaint must be filed within 30 calendar days of the alleged retaliation.

The district will respond to the complaint within 30 calendar days of receiving the written notice.

If the employee alleging retaliation receives no response from the district or objects to the district’s response, the employee may request a hearing before a state administrative law judge.

The request for a hearing must be delivered in writing to the superintendent either 15 calendar days following the district’s response, or 45 calendar days after the complaint was filed if there was no response.

The district will apply for hearing within five (5) working days to the state

Utah County – Provo District Courts

125 North 100 West Provo, Utah 84601

801-429-1000 801-429-1033 fax 801-429-1054 TTY

The district will consider any recommendation provided by the administrative law judge that an employee found to have retaliated against an employee who reported improper governmental action be suspended with or without pay or dismissed.

Administração

A summary of this policy and procedure will be permanently posted where all employees will have reasonable access to it, the policy and procedure will be made available to any employee who requests them, and the policy and procedure will be given to all new employees.

The following is a list of agencies responsible for enforcing federal, state and local laws and investigating issues involving potential improper governmental action. Employees having questions about these agencies or the procedures for reporting improper governmental action are encouraged to contact their supervisor, the superintendent or designee.

Provo Police Department 48 South 300 West, Provo, Utah 84601 801-852-6231
Utah County Sheriff’s Office 3075 North Main Street Spanish Fork, Utah 84660 801-851-4000
Utah County Attorney 100 East Center Street, Suite 2100, Provo, Utah 84606 801-851-8026
Departamento de Saúde do Condado de Utah 151 South University Avenue, Provo, Utah 84601 801-851-7000
Utah Department of Environmental Quality 195 North 1950 West, Salt Lake City, Utah 84116 801-536-4400, 1-800-458-0145 hotline
Utah Attorney General’s Office Utah State Capitol Complex, 350 North State Street, Suite 230, Salt Lake City, Utah 84114-2320 801-366-0260
Utah Department of Commerce – Division of Consumer Protection 160 East 300 South, Salt Lake City, Utah 84111 801-530-6601
Office of the Utah State Auditor East Office Building, Suite E310, Utah State Capitol Complex, Salt Lake City, Utah 84114 801-538-1025
Utah Multicultural Affairs
Utah Labor Commission 160 East 300 South, 3rd Floor, Salt Lake City, Utah 84111 801-530-6800
Utah Department of Natural Resources PO Box 145610, 1594 West North Temple, Salt Lake City, Utah 84114 801-538-7200
Central Utah Water Conservancy District 355 West University Parkway, Orem, Utah 84058 801-226-7100
Utah Superintendent of Public Instruction PO Box 144200, 250 East 500 South, Salt Lake City, Utah 84114 801-538-7500
U.S. Department of Education Office of the Inspector General 400 Maryland Avenue SW, Washington, DC 20202-1500 1-800-MIS-USED
Environmental Protection Agency Criminal Investigations 1-800-424-8802 (oil or chemical spill)
Equal Employment Opportunity Commission 3300 North Central Avenue, Phoenix, AZ 85012 (800) 669-4000
Federal Emergency Management Agency Denver Federal Center, Building 710, Box 25267, Denver, CO 80225 303-235-4800
U.S. Department of Labor Occupational Safety and Health 160 East Broadway, Salt Lake City, Utah 84111 801-530-6855
National Transportation Safety Board 4760 Oakland Street, Suite 500, Denver, CO 80239 801-373-3500
U.S. Department of Transportation Office of Inspector General Complaint Intake Unit, Mail Stop 7886, 1401 Constitution Avenue, N.W, Washington DC, DC 20230 (800) 424-5197

Adotada

11 de março de 2014

Related Policies, Procedures, and Forms

Policy 5270 Reporting Improper Governmental Action (Whistleblower Protection