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A. Every County officer or employee shall have the right to make a good faith report of improper government action in accordance with the procedures set forth in this Chapter. Provided, however, that except in the case of an emergency, an employee shall submit a written report to the Pierce County Human Resources Director, or one of the entities listed in PCC 3.14.020, before an employee provides information about an improper governmental action to a person or entity not listed in PCC 3.14.020. No emergency exists under this subsection where prompt attention and reporting by the employee could have avoided the perceived need to report immediately to a person not listed in PCC 3.14.020. An employee who fails to make a good faith attempt to follow this policy shall not receive the protections of this Chapter.

B. The Pierce County Human Resources Director shall promulgate procedures for reporting improper governmental action to Pierce County Officials and shall cause a copy of the procedures along with a summary of the protections against retaliatory action to be permanently posted so that all employees will have reasonable access to them. A copy of the same shall be made available to any employee upon request.

C. Limitations. This Section does not authorize a County officer or employee to report information that is subject to an applicable privilege against disclosure by law (e.g., RCW 5.60.060, Privileged Communications), unless lawfully waived, or to make disclosure where prohibited by law. An employee's reporting of their own improper action does not grant an employee immunity from discipline or termination insofar as their improper action would be cause for discipline. Employees shall elect which complaint process applies and shall not submit duplicative complaints. If a duplicate complaint is filed with another agency, Pierce County may decline to investigate the complaint filed under this Chapter.

D. Retaliatory Action Prohibited. It is unlawful for any County official or employee to take retaliatory action against an employee because they (or another acting pursuant to their request):

1. Provided information in good faith in accordance with the provisions of this Chapter that an improper governmental action occurred; or

2. Cooperated in a lawful investigation related to improper governmental action; or

3. Testified in a proceeding or prosecution arising out of a complaint of improper governmental action.

E. Confidentiality. The identity of any person filing a complaint under this Chapter shall be treated as confidential to the extent possible under law unless the employee authorizes the disclosure of his or her identity in writing.

F. Employee Protection. No County officer or employee shall use their official authority or influence, directly or indirectly, to threaten, intimidate or coerce an employee for the purpose of interfering with that employee's right to disclose information concerning an improper governmental action in accordance with the provisions of this Chapter.

G. Penalty. Any County officer or employee who engages in retaliatory action is subject to discipline up to and including suspension without pay, demotion, or discharge in addition to any penalties which might imposed pursuant to state law.

H. Retaliation Notice. If a County officer or employee feels that they have been retaliated against for reporting improper governmental action, they shall file written notice with the Human Resources Director in accord with Chapter 42.41 RCW and as set forth in PCC 3.14.040. Upon receipt of such report, the Human Resources Director shall cause an appropriate response to be filed in accord with Chapter 42.41 RCW.

(Ord. 2023-39 § 1, 2023; Ord. 2016-84 § 1 (part), 2016; Ord. 2008-106s § 1 (part), 2008; Ord. 2004-7s § 2 (part), 2004; Ord. 98-123 § 1 (part), 1998; Ord. 93-12 § 1 (part), 1993)