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HomeMy WebLinkAboutResolutions - 2015.04.23 - 21813MISCELLANEOUS RESOLUTION #15115 BY: Commissioner Dave Woodward, District *19 IN RE: BOARD OF COMMISSIONERS — ADOPTION OF WHISTLEBLOWER PROTECTION POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the citizens of Oakland County deserve a government committed to the highest standards of moral and ethical behavior by its employees, administrators, and elected officials; and WHEREAS when providing proper authorities with lawful disclosures, whistleblowers save taxpayers in the United States billions of dollars each year and serve the public interest by ensuring that the United States remains an ethical and safe place; and WHEREAS whistleblowers risk their careers, jobs, and reputations by reporting waste, fraud, and abuse to the proper authorities; and WHEREAS a recent media report of alleged abuse of county vehicles for personal benefit has brought to light the concerns of an employee who feared retribution for bringing a complaint to the attention of their superiors; and WHEREAS during this report, the employee stated the "system is being abused by a lot of the guys that have been there longer because they are accustom to it... supposed to be kept secret. Not brought out. You are supposed to leave it alone. Look away. Do your job."; and WHEREAS Oakland County employees and citizens who report illegal or unethical practices must be afforded protection from intimidation or retaliation; and WHEREAS Oakland County lacks a consistent and effective policy for the independent investigation and resolution of serious complaints; and WHEREAS Oakland County does not provide a secure method for whistleblowers to communicate complaints; and WHEREAS MCL 45.556(a) grants the authority to the Board of Commissioners to "Establish policies to be followed by the government of the county in the conduct of its affairs"; and WHEREAS MCL: 45.556(j) grants the authority to the Board of Commissioners to "Inquire into and investigate the official conduct and audit the accounts of a county office"; and WHEREAS Oakland County elected officials must adopt policies that foster an environment of transparency and respect for the taxpayers and citizens we serve; and. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby adopts the attached Whistleblower Protection Policy and directs that all county departments, agencies and committees ensure its immediate implementation. BE IT FURTHER RESOLVED that the Board of Commissioners directs that the Whistleblower Protection Policy be incorporated into the Merit Rules and be posted in locations where employees and citizens can be readily informed of their rights and obligations . BE IT FURTHER RESOLVED that the Board of Commissioners directs that a toll-free hotline and r atkonymous link on the county website be established to receive whistleblower disclosures. e Ch \ s irpersoN I move the adoption of the foregoing Resolution. ifz \ 1 (\ Commissioner District "6mmissioner Dave Woodward District *19 Commissioner Commissioner District District* Commissioner Commissioner District* District Commissioner Commissioner District District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # OAKLAND COUNTY WHISTLEBLOWER PROTECTION POLICY Purpose Oakland County is committed to the highest standards of moral and ethical behavior by its employees, administrators, and elected officials. The purpose of this policy is to prohibit dishonest acts and/or fraudulent activity and to advise employees, administrators, and elected officials of their responsibility to report suspected fraudulent activity to the appropriate County office. In addition, this policy assigns responsibility for the development of adequate internal controls and performance of investigations relating to fraud. Scope of Policy This applies to any fraud, or suspected fraud, involving employees, administrators, and elected officials, as well as consultants, vendors, contractors, outside agencies, and/or any other parties having a business relationship with Oakland County. This policy also applies to employees and members of local boards, agencies and commissions over which the Board has authority to require general policies to be followed. Policy Oakland County Administration and all levels of management are responsible for the prevention and detection of fraud, misappropriations, and other inappropriate conduct. Fraud is defined in this policy as a willful or deliberate act or failure to act with the intention of obtaining an unauthorized benefit. Any fraud that is detected or suspected will be reported immediately to the Oakland County Corporation Counsel, who will conduct an objective and impartial investigation into the fraudulent activity, along with other applicable departments and/or law enforcement agencies, as deemed necessary or appropriate. Any individual found to have engaged in fraudulent activity, as defined by this policy, is subject to disciplinary action by Oakland County, which may include dismissal, as well as prosecution by appropriate law enforcement authorities and any other civil remedies allowed by law. Actions Constituting Fraud As used in this policy, the term "fraud" includes, but is not limited to, the following: • Any dishonest or fraudulent act; • Forgery or alteration of a check, bank draft, or any other financial document or account; • Misappropriation of funds, securities, supplies, or other assets; • Impropriety in the handling or reporting of money or financial transactions; • Using County funds to make unauthorized purchases; • Authorizing or receiving compensation for hours not worked; • Any similar or related inappropriate conduct. Other Inappropriate Conduct When appropriate, suspected improprieties concerning an employee's moral, ethical, or behavioral conduct should be resolved by departmental management and Human Resources rather than Corporation Counsel. If there is a question as to whether an action constitutes fraud, contact County Corporation for guidance. Duties and Responsibilities Employees, supervisors, department heads and administrators at all levels are responsible for setting the appropriate tone of intolerance for fraudulent acts by complying with all laws, rules, regulations and policies. Department heads, supervisors, and elected officials should be aware of the types of fraud that could occur within their area of responsibility and should be alert for any indication of fraud. Department heads, supervisors and elected officials are responsible for establishing and maintaining proper internal controls that will provide for the security and accountability of the resources entrusted to them. Reporting Procedures Any employee of Oakland County who has a reasonable basis for believing a fraudulent act has occurred, or is occurring, has a responsibility to promptly notify their supervisor, Department head, or Corporation Counsel. Supervisors, elected officials and/or department heads have a responsibility to immediately notify Corporation Counsel of fraudulent activity reported to them by employees. Reporting options are as follows: (1) via anonymous internet reporting link that will be available on the Oakland County website (2) via written notice sent to the attention of the Corporation Counsel. (3) via a toll-free hotline established for this purpose. Employee Protection No person acting on behalf of the County shall: • Dismiss, or threaten to dismiss, any employee; • Discipline, suspend, or threaten to discipline or suspend an employee; • Impose any penalty upon an employee; or • Intimidate or coerce an employee because the employee has acted in accordance with the requirements of this policy. However, it shall also be a violation of this policy for any informant to make a baseless allegation of fraudulent activity that is made with reckless disregard for truth and that is intended to be disruptive or to cause harm to another individual. Any violation of this section will result in disciplinary action, which may include dismissal, in conformance with Oakland County Merit Rules Persons reporting suspected fraudulent activity should refrain from confrontation with the suspect and should not discuss the matter with others unless specifically asked to do so by Corporation Counsel. Corporation Counsel has the primary responsibility for investigating the reported fraudulent activity; however, they may contact other individuals (such as a Department Head) as deemed appropriate to establish a team to investigate the suspected fraudulent activity. Members of the investigative team will have: • Free and unrestricted access to all County records and premises, whether owned or rented, as permitted by law; • The authority to examine, copy, and/or remove all or any portion of the contents of files, desks, cabinets, and other storage facilities on the premises without prior knowledge or consent of any individual who may use or have custody of any such items or facilities when it is within the scope of their investigation. In the instances where the investigation indicates possible criminal activity, the investigation will be turned over to the appropriate law enforcement agency. The results of the investigation conducted by Corporation Counsel will be communicated orally and/or in writing to the County Executive, the Chairman of the Board of Commissioners and the respective Head of the Department investigated. Confidentiality All participants in a fraud investigation shall keep the details and results of the investigation confidential. Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know, in order to protect the reputations of persons suspected of fraudulent activity but subsequently found innocent of wrongdoing and to protect the County from potential civil liability. Resolution #15115 April 23, 2015 The Chairperson referred the resolution to the Human Resources Committee. There were no objections.