10173-12 Amend Code Ch 2 Art 8 Sec 2-125.1 Whistleblower Protection

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Substitute Bill No. 20 -12 Ordinance No. l ©(7 3 _ ( ), 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. This particular section is part of the State Employees' Bill of Rights. Indiana Code § 5- 11 -5.5 sets forth the regulations address "False Claims and Whistleblower Protection" which apply to the state but not political subdivisions. Indiana Code § 21 -39 -3 sets forth various whistleblower protection regulations addressing employees of state educational institutions who make good faith reports of alleged violation of a law or university policy. Many municipalities throughout the country have ordinances which prohibit reprisals, including the City of Indianapolis, Indiana. 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: Sec. 2 -125.1 Whistleblower Protection. 1 (a) Except as provided in I(b) herein, 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) Filed a written complaint with the Director of Human Resources alleging wrongful conduct which is defined as a violation of applicable state and /or t The regulations are consistent with the following legal authority addressing protected activities and retaliatory adverse employment actions: Stone v. City of Indianapolis Pub. Utility Div., et al 281 F. 3d 640 (7th Cir. 2002); Whittaker v. Northern Illinois University, 424 F. 3d 640 (7th Cir. 2005); and Whirlpool Corp. v. Vanderburgh County-City, 875 N.E. 2d 751 (Ind. Ct. App. 2007)