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07-09-12 Council Agenda & Packet
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07-09-12 Council Agenda & Packet
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Bill No. <br /> Ordinance No. <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br /> AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF <br /> THE SOUTH BEND MUNICIPAL CODE ADDRESSING <br /> WHISTLEBLOWER PROTECTION <br /> STATEMENT OF PURPOSE AND INTENT <br /> Indiana Code § 4-15-10-4 sets for the whistleblower protection provisions which provide in <br /> part that a state employer cannot dismiss, withhold salary increases or employment-related benefits, <br /> transfer or reassignment if an employee reports a violation of a federal or state law. <br /> Many municipalities throughout the country have ordinances which prohibit reprisals. For <br /> example, Denver passed their ordinance in 2007; <br /> On May 21, 2012, six (6) members of the South Bend Common Council voiced concern over <br /> the apparent lack of policies, procedures and protocols with regard to telephonic equipment and <br /> technology used by the City of South Bend. <br /> The City of South Bend currently posts on its city website various forms and policies and the <br /> effective date of each. These posted policies govern five (5) specific areas, namely: operating, <br /> finance, purchasing, human resources, and information technology. The topic of"human resources" <br /> lists its status as "in Draft". In light of that status, the following ordinance is introduced to provide <br /> whistleblower protection to city employees. <br /> Section 1. Chapter 2,.Article 8, Section 2-125.1 of the South Bend Municipal Code is created to read in <br /> its entirety as follows: <br /> See. 2-125.1 Whistleblower Protection. <br /> (a) No city elected official, city employee or city appointee shall retaliate or threaten to <br /> retaliate against any person because the person did any of the following: <br /> (1) Brought to the attention of his or her immediate supervisor a matter which <br /> appears inconsistent with governing policies or procedures over such task or <br /> operation which have been approved by the proper city board, agency, or <br /> other entity of the city; <br /> (2) Filed a verbal or written complaint with his or her superior regarding an <br /> alleged breach of governing policy or protocols which have been approved <br /> by the appropriate agency of the city and to which such person has been <br /> advised of and if required given the appropriate training; <br />
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