06-11-12 Council Agenda & Packet

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Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION STATEMENT OF PURPOSE AND INTENT Indiana Code § 4-15-10-4 sets for the whistleblower protection provisions which provide in part that a state employer cannot dismiss, withhold salary increases or employment-related benefits, transfer or reassignment if an employee reports a violation of a federal or state law. Many municipalities throughout the country have ordinances which prohibit reprisals. For example, Denver passed their ordinance in 2007; On May 21, 2012, six (6) members of the South Bend Common Council voiced concern over the apparent lack of policies, procedures and protocols with regard to telephonic equipment and technology used by the City of South Bend. The City of South Bend currently posts on its city website various forms and policies and the effective date of each. These posted policies govern five (5) specific areas, namely: operating, finance, purchasing, human resources, and information technology. The topic of "human resources" lists its status as "In Draft". In light of that status, the following ordinance is introduced to provide whistleblower protection to city employees. Section I. Chapter 2, Article 8, Section 2-125.1 of the South Bend Municipal Code is created to read in its entirety as follows: See. 2-125.1 Whistleblower Protection. (a) No city elected official, city employee or city appointee shall retaliate or threaten to retaliate against any person because the person did any of the following: (1) Brought to the attention of his or her immediate supervisor a matter which appears inconsistent with governing policies or procedures over such task or operation which have been approved by the proper city board, agency, or other entity of the city; (2) Filed a verbal or written complaint with his or her superior regarding an alleged breach of governing policy or protocols which have been approved by the appropriate agency of the city and to which such person has been advised of and if required given the appropriate training;