§ 2-403. Scope of protection.
(a)
The information disclosed under this article must include:
(1)
Information relating to a violation or suspected violation of any federal, state or local law, rule or regulation committed by an employee or agent of the city or independent contractor which creates and presents a substantial and specific danger to the public's health, safety or welfare; or
(2)
Information relating to an act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of the city or an independent contractor.
(b)
The information disclosed under this article must be disclosed to the city manager, or such other official or officials as may be designated by resolution of the city commission, to receive such information.
(c)
This article protects employees: (1) who disclose information on their own initiative in a written and signed complaint; (2) who are requested to participate in an investigation, hearing, or other inquiry conducted by the city, any state agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act; who refuse to participate in any adverse action prohibited by this article; or (3) who are otherwise protected by the state Whistleblower's Act.
(d)
The provisions of this article may not be used by employees while they are under the care, custody, or control of the state or county correctional system, or after their release from the care, custody or control of the state or county correctional system, with respect to circumstances that occurred during any period of incarceration.
(e)
No remedy or other protection under this article applies to any person who has committed, or intentionally participated in committing, a violation or suspected violation for which protection under this article is being sought.
(f)
It shall be an affirmative defense to any complaint brought pursuant to this article that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee's exercise of rights protected by this article.
(Ord. No. 2010-14, § 2, 10-14-10)