ORDINANCE NO. 990311

Enacting a new Section 2-1110.5, Code of Ordinances, entitled Whistleblower protection. prohibiting disciplinary action against any City employee and prohibiting the refusal to hire an applicant for City employment who would otherwise be hired but for properly reporting alleged violations of any law, rule, or regulation; mismanagement, a gross waste of funds, or an abuse of authority, or a substantial or specific danger to public health or safety.

WHEREAS, a special Council Ethics/Relations Committee was appointed by the Mayor to develop guidance for the City Council on the proper interaction between the Council and City staff and to improve ethics in City government; and

WHEREAS, during 1997 and 1998 the Council Ethics/Relations Committee met with former Mayors, Council members, City staff, the United States Attorney, and members of the public to study the issues and learn of opportunities available to the Council to accomplish its charge; and

WHEREAS, the Council Ethics/Relations Committee has recommended several actions to address the ethical behavior of public servants and those working with public servants; and

WHEREAS, it is essential to an effective system of oversight that employees and people who may seek public employment are free to report activities that may give rise to unethical behavior or the appearance of unethical behavior are protected from unfair retaliation by supervisors or others; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That a new Section 2-1110.5, Code of Ordinances, is enacted to read as follows:

Sec. 2-1110.5. Whistleblower protection.

(a) Whistleblower defined. A whistleblower is a present or former City employee or applicant for City employment who discloses information to appropriate officials he or she reasonably believes evidences:

(1) A violation of any law, rule, or regulation; or

(2) Mismanagement, a gross waste of funds, or an abuse of authority; or

(3) A substantial or specific danger to public health or safety.

Where the information disclosed affects only the personal situation of the complainant, it is generally to be regarded as an allegation of a prohibited personnel practice or violation of other personnel ordinance, rule, or regulation, and the complainant will not be considered a whistleblower.

(b) Whistleblower protection. No personnel action will be taken or not taken with respect to any employee or applicant for employment as a reprisal for being a whistleblower.

Approved as to form and legality:

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Assistant City Attorney