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Resolution No. 2012-059RESOLUTION NO. 2012-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING A WHISTLEBLOWER POLICY WHEREAS, the City of Vernon requires employees to observe the highest standard of business and personal ethics in the conduct of their duties and responsibilities; and WHEREAS, the City Council of the City of Vernon wishes to adopt a whistleblower policy to create an ethical and open work environment, to ensure the City of Vernon has a governance and accountability structure that supports its mission, and to encourage and enable its employees to raise serious concerns about activities that may be fraudulent, unethical, dangerous to City employees or the public, or conducted in violation of a City policy, and to ensure that anyone who reports such activities under this policy will be protected from retaliation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and adopts the Whistleblower Policy, a copy of which is attached hereto as Exhibit A. SECTION 3: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of.the Council of this City. APPROVED AND ADOPTED this 1st day of May, 2012. Name: William J. Davis Title: --ma / Mayor Pro-Tem - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-59, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 1, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 3 day of May, 2012,.at Vernon, California. (SEAL) k - 3 - EXHIBIT A Whistleblower Policy City of Vernon The City of Vernon requires employees to observe the highest standard of business and personal ethics in the conduct of their duties and responsibilities. As representatives of the City, all employees must practice honesty and integrity in the fulfillment of their responsibilities and compliance with all applicable laws and regulations. Definition of Unethical Conduct Unethical conduct includes a deliberate act or failure to act with the intention of obtaining an unauthorized benefit. Examples include: • Forgery or alterations of documents • Unauthorized alteration or manipulation of computer files • Fraudulent financial reporting • Pursuit of a benefit or advantage in violation of a City policy • Misappropriation or misuse of City resources, including funds, supplies or other assets • Authorizing or receiving compensation for goods or services not received • Authorizing or receiving payment for hours not worked • Facilitating or concealing any of the above or similar actions Reporting A whistleblower is a person who reports an activity relating to the City of Vernon that he or she believes to be fraudulent, dishonest or in violation of a City policy. All employees share responsibility for reporting violations or suspected violations. Employees who suspect a violation should share their concerns with someone who can address them properly. In most cases, the respective supervisor or Department Head is in the best position to address an employee's concerns. If an employee is not comfortable or is unsatisfied speaking with his or her supervisor or Department Head, he or she is encouraged to speak with the Human Resources Director, the City Attorney or someone in the City Administrator's Office. If an employee is not comfortable or is unsatisfied with speaking to the Human Resources Director, City Attorney or someone in the City Administrator's Office, he or she is encouraged to contact the City's outside employment law counsel, currently Liebert Cassidy Whitmore. Outside counsel may change. Information on the firm and how to contact them is available in the Human Resources Department. Depending on the nature of the reported unethical conduct, outside legal counsel will notify an appropriate city officer or independent party to investigate the report. Investigation All reports will be reviewed and analyzed. Appropriate corrective action will be taken, if necessary, and findings will be communicated to the reporting person. Investigations may warrant involvement of independent persons such as auditors and/or attorneys. Confidentialitv Suspected violations may be reported on a confidential or anonymous basis by any employee. Reports of all violations will be confidential to the extent possible, consistent with the need to conduct an adequate investigation. Emolovee Protection The Whistleblower Policy is intended to encourage and enable employees to raise concerns.The City will not tolerate any negative or adverse actions to be taken against any employee for making a good -faith report of possible fraudulent or dishonest conduct, even if the report is mistaken. The City will also not permit negative or adverse actions against anyone who assists in the investigation of the report. This includes, but is not limited to, threats of physical harm, loss of job, punitive work assignments, or impact on salary. Any employee who retaliates against someone who has reported a violation in good faith is subject to disciplinary action, up to and including termination of employment. Whistleblowers who believe that they have been retaliated against may file a written complaint with the City Attorney or the City's outside legal counsel. Actina in Good Faith Anyone reporting a suspected violation concerning violation of law or City policy or fraudulent or unethical conduct must act in good faith and have reasonable grounds for believing the information is true. Allegations that prove to have been made maliciously or with knowledge of their falsity would be viewed as a serious punishable offense. CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 3, 2012 TO: Rory Burnett, Finance Director/City Treasurer Daniel Calleros, Interim Police Chief Kristen Enomoto, Assistant to the City Administrator Carlos Fandino, Director of Light & Power Masami Higa, Assistant Finance Director Alex Kung, Assistant to the City Administrator Joaquin Leon, Deputy City Treasurer Leonard Grossberg, Interim Director of Health & Environmental Control James Rodino, Police Captain Martha Valenzuela, Director of Personnel/Business Services Mark Whitworth, City Administrator/Fire Chief Kevin Wilson, Director of Community S rvices & Water FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-59 — A Resolution of the City Council of the City of Vernon Approving and Adopting a Whistleblower Policy Transmitted herewith is a copy. of Resolution No. 2012-59 referenced above, which was approved by City Council on May 1, 2012. Thank you, WY:dj Attachment c: Resolution No. 2012-59 DATE: April 25, 2012 TO: Honorable City Council FROM: Mark C. Whitworth, City Administrator RE: Whistleblower Policy (e Backaround Pursuant to the recommendation of the City's Reform Monitor, John Van de Kamp, staff is submitting a proposed Whistleblower Policy for adoption by the City Council. Cynthia Kurtz, a member of the Van de Kamp team, assisted in the preparation of the proposed policy drawing on those implemented by the League of California Cities Institute of Local Government and the LA Conservation Corps. The proposed policy also incorporates provisions prohibiting retaliation against whistleblowers. Upon City Council adoption, the policy shall be disseminated or made available to all City employees. Recommendation It is recommended that the enclosed Whistleblower Policy be adopted.