Alameda County Municipal Code Ch. 3.52 Protection of Employees Disciplined for Disclosing Information

This chapter sets forth the provisions of California Government Code Sections 53296—53299 as applicable to the county and is intended to protect employees from being subjected to disciplinary action for having disclosed certain types of information and to provide for the expedited resolution of complaints.

(Prior admin. code § 2-15.01)

The following definitions shall apply:

"Claim of reprisal action" means a claim filed pursuant to Section 3.52.030 that alleges a "reprisal action" as defined in this section.

"Complaint" means any written document containing a disclosure of information as specified in the definition of "Disclosure of information" as found in this section.

"Disciplinary action" means a dismissal, suspension, layoff or reduction in rank or compensation.

"Disclosure of information" means the written allegation and/or provision of evidence regarding gross mismanagement or a significant waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

"Manager" means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering the agency or department.

"Reprisal action" means any disciplinary action or disciplinary transfer against any employee, or any other act of intimidation, restraint, coercion or discrimination against any employee or applicant for employment in retaliation for a disclosure of information by the employee.

"Supervisory employee" or "supervisor" means any employee regardless of job description or title, having authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(Prior admin. code § 2-15.02)

An employee, or applicant for employment, shall have the right to file a written claim of reprisal action with the clerk of the board within sixty (60) days of the date of the reprisal action complained of. The claim of reprisal action shall be filed under penalty of perjury. The clerk of the board within ten days of the date of the filing of the claim of reprisal shall forward a copy of it to the county administrator and to the appropriate appointing authority who shall investigate the claim and file a report of their investigation with the clerk of the board within ninety (90) days of the date of the request. Upon receiving these reports, the clerk of the board shall refer copies of them to the board together with copies of the claim of reprisal action.

The board shall determine the matter and shall notify the claimant of its determination. The clerk of the board shall regard the investigative reports as confidential and not subject to disclosure pursuant to Section 6254(d)(f) of the Government Code.

(Prior admin. code § 2-15.04)

A. No officer, manager or supervisor shall take a reprisal action against any employee or applicant for employment who makes a complaint.

B. This chapter is not intended to prevent an officer, manager or supervisor from taking, directing others to take, recommending, or approving any personnel action with respect to any employee or applicant for employment if he/she reasonably believes that the action or inaction is justified on the basis of separate evidence which shows any of the following:

1. The employee's complaint has disclosed information that he or she knows to be false or has disclosed information without regard for the truth or falsity thereof.

2. The employee's complaint has disclosed information from records which are closed to public inspection pursuant to law.

3. The employee's complaint has disclosed information which is confidential under any other provision of law.

4. The employee was the subject of an ongoing or existing disciplinary action prior to the disclosure of information in the complaint.

5. The employee has violated any provision of civil service or written agency/departmental rules, has failed to perform assigned duties, or has committed any other act unrelated to the disclosure that would otherwise be subject to personnel action.

C. It is not a violation of this chapter for an officer, manager or supervisor to take disciplinary action against an employee if that officer, manager or supervisor had no prior knowledge that a complaint had been made by that employee.

(Prior admin. code § 2-15.05)

Any officer, manager or supervisor who violates this Chapter 3.52 with malicious intent is punishable by a fine not to exceed ten thousand dollars ($10,000.00) and imprisonment in the county jail for a period of up to one year. Additionally, any such officer, manager or supervisor shall be subject to disciplinary action and may be subject to additional penalties as provided in California Government Code Section 53298.5(b).

(Ord. 96-75 § 1 (part): prior admin. code § 2-15.06)