Oakland Municipal Code Ch. 2.38 Oakland Whistleblower Ordinance

This Chapter shall be known as the Whistleblower Ordinance. The purpose of this Chapter is to protect all City government employees who act as whistleblowers from retaliation.

(Ord. 12890 § 1, 2008)

"Whistleblower" is defined as an officer or employee who reports or otherwise brings to the attention of the City Auditor any information which, if true, would constitute one of the following: a work-related violation by a City officer or employee of any law or regulation; fraud, waste or mismanagement of City assets or resources; gross abuse of authority; a specific and substantial danger to public health or safety due to an act or omission of a City official or employee; or use of a City office, position or resources for personal gain.

(Ord. 12890 § 2, 2008)

To the extent permitted by law, the identity of anyone reporting information to the City Auditor about an improper governmental action shall be treated as confidential unless the employee waives his or her confidentiality in writing.

(Ord. 12890 § 3, 2008)

No officer or employee of the City of Oakland shall use or threaten to use any official authority or influence to restrain or prevent any other person who is acting in good faith and upon reasonable belief as a whistleblower.

No officer or employee of the City of Oakland shall use or threaten to use any official authority or influence to cause any adverse employment action as a reprisal against a City officer or employee who acts as a whistleblower in good faith and with reasonable belief that improper conduct has occurred.

(Ord. 12890 § 4, 2008)

Any officer or employee who believes that he or she has been subject to an adverse employment action as a result of being a whistleblower may file a complaint of retaliation with the City Auditor within one hundred and eighty (180) days of the alleged misconduct. The City Auditor shall thereupon investigate the complaint. If the Office of the City Auditor is named in the complaint, the complaint shall be directed to the City Attorney for investigation. The investigation of a retaliation complaint should be completed in eight (8) weeks or less, absent extraordinary circumstances. Any reports regarding retaliation are confidential and not subject to disclosure.

(Ord. 12890 § 5, 2008)

"Retaliation" is defined as any adverse employment action, including discharge, discipline or demotion.

(Ord. 12890 § 6, 2008)

An adverse employment action requires a showing that the retaliatory action had a detrimental and substantial effect on the terms, conditions, or privileges of a complainant's employment or required the complainant to work in a discriminatorily hostile or abusive work environment. A change that is merely contrary to a complainant's interests or liking is insufficient.

(Ord. 12890 § 7, 2008)

"City" is defined as the City of Oakland, its agencies, departments, boards and commissions.

(Ord. 12890 § 8, 2008)

In order to establish retaliation, a complainant must demonstrate by a preponderance of the evidence that the complainant's engagement in activity protected in Section 2.38.020 was a substantial motivating factor for the adverse employment action. The supervisor or manager may rebut this claim if he or she demonstrates by a preponderance of the evidence that he or she would have taken the same employment action irrespective of the complainant's participation in protected activity.

(Ord. 12890 § 9, 2008)

Any manager, supervisor or employee of the City of Oakland who knowingly engages in conduct prohibited by this Chapter shall be disciplined, up to and including discharge.

(Ord. 12890 § 10, 2008)

Any manager, supervisor or employee of the City of Oakland who believes that he or she has been the subject of retaliation in violation of this Chapter may bring a civil action against the City officer or employee who committed the violation. The civil penalty for such a violation shall not exceed five thousand dollars ($5,000.00). Such action must be filed no later than one year after the date the manager, supervisor or employee files a complaint of retaliation with the City.

(Ord. 12890 § 11, 2008)