BOARD OF SUPERVISORS

County of Linn, Iowa

SUBJECT: Whistleblower Protection Directive Number:

Approval Date: Effective Date: Revision No.: Policy Section & Number:
03/28/07 03/28/07 FM-002

Reference: Distribution: Auditor’s Office, Employee

Board of Supervisors Minutes of 03/26/07 and Handbook, Intranet
03/28/07

I. PURPOSE
The purpose of this policy is to protect any employee who engages in any good
faith disclosure of alleged wrongful conduct to a County official or public body.

II. POLICY
All employees of Linn County are expected to abide by applicable state and
federal laws. An employee cannot be compelled by a supervisor or County
official to violate a county policy, an applicable law, or public policy. In the
interest of the County, an employee who has particular knowledge of specific
acts which the employee reasonably believes constitute wrongful conduct
should disclose the conduct to the appropriate County official.

No employee who in good faith reports an alleged wrongful act shall suffer
harassment, retaliation, or adverse employee consequence. An employee who
retaliates against someone who reports a violation in good faith is subject to
discipline up to and including termination of employment. This policy is intended
to encourage employees and others to raise serious concerns within the County
prior to seeking resolution outside the County.

III. SCOPE
This policy is applicable to all Linn County departments and employees.

IV. DEFINITIONS AND EXAMPLES

Wrongful conduct

Wrongful conduct is defined in this policy to include but is not limited to:
• A serious violation of County policy
• A violation of applicable state and federal laws
• The use of County property, resources, or authority for personal gain or
other non County-related purpose except as provided under County policy

1 of 3
V. PROCEDURES

Reporting Violations

Disclosure and Investigation

Where the County has defined policies and procedures for maintaining
standards of conduct and disclosure of such violations, the applicable County
policies should be followed to disclose such violations. Relevant policies
include but are not limited to:
• County policies prohibiting sexual harassment
• County policies prohibiting discrimination
• County policy on reporting and investigation of fraud or misconduct

In matters relating to wrongful conduct, mismanagement of County resources,

or an abuse of authority which is not covered by a specific County policy, the
Human Resources Director is designated to receive such disclosures and
conduct or coordinate follow-up which may include an investigation of the
disclosure.

The Human Resources department will maintain records of these allegations.

The Human Resources Director or a referring unit (for example, the Finance
Director) will follow-up on the matter which may include an investigation of the
disclosure. Laws and County policies impose privacy and confidentiality
restraints on reporting the results of such a review or investigation. Within the
constraints of these laws and policies, the Human Resources department will
acknowledge, and as appropriate and permissible by law and policy, provide
confirmation of the status and outcome of the review.

In matters of disclosure, the County will make all reasonable efforts to maintain
the confidentiality of the employee making the disclosure as long as
maintaining confidentiality does not interfere with conducting an investigation of
the specific allegations or taking corrective action.

Complaints of Reprisal

An employee who believes they have been subjected to an adverse

employment action based on prior disclosure of alleged wrongful conduct may
contest the action by filing a written complaint of reprisal with the Human
Resources Director. In the event the alleged wrongful conduct is against the
Human Resources Director, the written complaint should be filed with the
County Finance Director. The Director will review the complaint to determine:
• Whether the complainant made a disclosure before an adverse
employment action was taken
• Whether the responding party could reasonably have been construed to
have knowledge of the disclosure and the identity of the disclosing
employee

2 of 3
 • Whether the complainant has actually suffered an adverse employment
action after making the disclosure
• Whether the complainant alleges that adverse employment action
occurred as a result of the disclosure

If the Director determines that all the above elements are present, the Director
should contact the County Attorney to investigate the claim and make
recommendations for resolution.

At the time the County Attorney is contacted, the Director should inform, in
writing the complaining party and the responding party of:
• The intent to proceed with an investigation
• The specific allegations to be investigated
• The appointment of the County Attorney and
• Allowing each party the written opportunity to support or respond to the
allegations

Once the County Attorney has conducted a review and considers the
investigation complete, the Human Resources Director will be notified of its
completion. The Human Resources Director, in conferral with the County
Attorney, should issue a letter of findings to both the complainant and the
respondent.

Nothing in this policy is intended to interfere with legitimate employment

decisions.

3 of 3