Summary

Action ensures county employees can report concerns without fear of retaliation

Story

The Metropolitan King County Council today voted unanimously to revise King County’s rules to increase protections for whistleblowers. The action follows a request made last month by Councilmember Larry Phillips for the King County Ombudsman to investigate complaints about truck safety made public by solid waste truck drivers.

“Employees must know they will be protected when they have the courage to stand up and report what they believe are improper actions by government,” said Phillips, co-sponsor of the legislation. “By coming forward, whistleblowers can contribute an important public service and help the county correct problems, so it’s important we have rules in place that facilitate the whistleblower process.”

Under King County’s current whistleblower code, an employee has protections against retaliation when making allegations of violations of laws, abuse of authority, substantial or specific dangers to public health or safety, or gross waste of public funds. In the last five years, the King County Ombudsman has received 30 whistleblower complaints, of which she found 17 percent had some degree of factual support, and 21 reports of retaliation.

The changes to the County Code made today by the Council include:

• Broadening the definitions of improper governmental action and retaliation;
  
  
• Increasing the range of protected conduct to include cooperating in any official investigation, not just King County investigations;
  
  
• Allowing first written reports to be made to anyone and still be protected by this chapter, instead of requiring the report to first go to the appropriate designated official;
  
  
• Creating a more detailed investigation process with opportunities for rebuttal;
  
  
• Having the Ombudsman conduct retaliation investigations, instead of the department head;
  
  
• Giving employees more time to bring a retaliation claim or request an administrative hearing;
  
  
• Creating a departmental fine option of $10,000; and
  
  
• Creating an annual reporting mechanism to the Council and Executive.

The most recent whistleblower complaint involved several King County Solid Waste employees coming forward in the media to allege they were hauling truck loads that exceeded legal weight limits, potentially putting their and the public’s safety at risk. Phillips asked the County Ombudsman to work with the employees to investigate the complaint. Those employees are currently under whistleblower protection and their complaint is being investigated. They will benefit from the Council’s update to King County’s whistleblower code.

Phillips also supported the whistleblower complaints of employees from within the King County Department of Transportation related to the county’s transportation concurrency model, in a case that was resolved in a federal court lawsuit.

Read more about this legislation on the King C ounty C ouncil’s LEGISEAR C H system at http://kingcounty.legistar.com/Legislation.aspx and type in “2009-0346”