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:
____________________________________
Assistant
City Attorney