3.14.040 Reporting Procedures.
Unless prohibited by law and except in cases of emergency, the following procedures shall be followed:
A. Reporting Improper Governmental Action. If an employee desires to file a complaint within Pierce County Government, the complaint shall be submitted in writing on the appropriate complaint form to the Pierce County Human Resources Director or other County entity listed in PCC 3.14.020. Such complaint form may be submitted either in person, via email, or by mail, may be signed or unsigned, and shall specify the inappropriate governmental action alleged. Complaint forms shall be provided by the Human Resources Department and shall be available through the Human Resources Department webpage. Forms shall be provided via U.S. Mail, or email, from the Human Resources Department upon the request of the employee.
1. Where the employee reasonably believes the improper governmental action involves the Human Resources Director, the employee may submit the complaint form directly to the County Executive.
2. In order to be investigated under this Chapter, a complaint of improper governmental action must be submitted within one year after the occurrence of the asserted improper governmental action.
3. The entity with whom the complaint was filed shall take prompt action to determine if a prima facie complaint has been appropriately filed and, if so, to investigate or to cause an investigation into the complaint to be initiated by referring the complaint to an appropriate authority.
4. The Pierce County authority to whom the complaint of improper governmental action was referred shall ensure that the complainant is sent a timely response.
B. Reporting Retaliatory Action.
1. An employee alleging retaliatory action for exercising their rights under this Chapter must file a written complaint with the Pierce County Human Resources Director or Pierce County Executive, if the complaint involves the Pierce County Human Resources Director. The written complaint must:
a. Specify the alleged retaliatory action; and
b. Specify the relief requested; and
c. Be submitted no more than 30 calendar days after the occurrence of the alleged retaliatory action, the complaint must be delivered to the Human Resources Director or to the Pierce County Executive if the complaint involves the Pierce County Human Resources Director.
2. Pursuant to RCW 42.41.040(3), the County must respond to the charge of retaliation within 30 calendar days after receipt of the charge and request for relief, unless additional time is agreed to by the employee.
3. Upon receipt of the response from the County or after the last day upon which the County could respond, the employee may request a hearing to establish that a retaliatory action occurred and to obtain appropriate relief as defined in RCW 42.41.040. The request for a hearing shall be delivered to the Human Resources Director within 15 calendar days of delivery of the response from the County or within 15 calendar days of the last day on which the County could respond.
4. Within five working days of receipt of the request for a hearing, the County shall apply to the State Office of Administrative Hearings under the provisions of RCW 42.41.040(5). The hearing and determination therefrom shall comply with the provisions of RCW 42.41.040(6) through (9).