Santa Clara County Municipal Code Ch. VII Reporting of Improper Governmental Activity

The County has a paramount interest in protecting the integrity of its governmental institutions. To further this interest, individuals should be encouraged to report to the County Counsel possible violations of laws, regulations and rules governing the conduct of County officers and employees.

This ordinance also protects all County officers and employees as well as members of the public from retaliation for filing a complaint with, or providing information about improper government activity by County officers and employees.

(Ord. No. NS-300.809, § 1, 3-23-10; Ord. No. NS-300.918, § 1, 12-12-17)

Any person who believes that a County employee or officer has engaged in improper governmental activity, as set forth below, should report such activity to the Office of the County Counsel. The Office of the County Counsel will provide the necessary complaint forms and, upon the filing of a complaint, will determine an appropriate course of action. If the allegations in the complaint concern activities within the Office of the County Counsel, the complainant should file and will be directed to file the complaint with the Office of the County Executive.

The complaint shall provide information that a County officer or employee has engaged in improper governmental activity in violation of state or federal law, County ordinance or administrative memoranda. Examples of such improper conduct include, but are not limited to: violating local campaign finance laws, conflict of interest laws, or governmental ethics; misusing County resources; or using a County position to advance a private interest.

(Ord. No. NS-300.809, § 1, 3-23-10; Ord. No. NS-300.819, § 1, 5-11-10; Ord. No. NS-300.918, § 2, 12-12-17)

Upon receipt of a complaint, the Office of the County Counsel shall promptly plan and ensure that an appropriate investigation takes place. Depending on the nature of the alleged violation, the investigation may involve the Office of the County Counsel, the Office of the County Executive, the Board's Management Audit Division, or other investigative resources and/or appropriate law enforcement agencies.

(a) All involved parties will treat the complaint and related information, including, but not limited to, information gathered and prepared in the course of the investigation of the complaint, as confidential unless otherwise necessary to conduct the investigation or if disclosure is required by applicable law. It is the intent of the County to keep the identity of the complainant and other investigatory information confidential to the greatest extent permitted by law and to the extent possible in carrying out the investigation and subsequent corrective actions.

(b) In situations potentially warranting involvement from law enforcement and/or licensing agencies, the County Counsel shall determine what action or referral should be made.

(c) At the conclusion of the investigation, the Board of Supervisors, County Counsel and/or the Department will take the necessary steps to address the improper governmental activity, including any necessary systemic changes to minimize or prevent reoccurrence of any improper activity.

(Ord. No. NS-300.809, § 1, 3-23-10; Ord. No. NS-300.918, § 3, 12-12-17)

Any retaliation or reprisal by any County officer or employee against any complainant or informant is strictly prohibited; provided, however, if it is determined that a complaint was filed by a County employee in bad faith, said employee may be subject to appropriate disciplinary action. This prohibition against retaliation is in addition to the protections contained in Labor Code section 1102.5, and any amendment thereto.

(Ord. No. NS-300.809, § 1, 3-23-10)