The County’s Employee Protection Ordinance, sometimes referred to as the Whistleblower Ordinance, seeks to ensure that local government employees who have knowledge of unlawful activity, misfeasance, malfeasance, waste or fraud by the County, cities or independent contractors, report such knowledge to the appropriate authorities for investigation and corrective action.
In order to encourage employees to report such information without fear of reprisal, the Employee Protection Ordinance seeks to prohibit adverse action against an employee for disclosing such information to an appropriate official or agency and to award such employees when the information they disclose leads to the County's recovery of public funds.
The rights of County employees under the Employee Protection Ordinance are different than those afforded employees in the cities.
Persons who wish to report unlawful activity, misfeasance, malfeasance, waste, fraud, retaliation, or who have questions regarding their rights under the Employee Protection Ordinance, should email the Ethics Commission at email@example.com, call the Ethics Commission Hotline at 786-314-9560, or call the main office at 305-579-2594.
- An employee who discloses information on their own initiative in a signed and written complaint
- An employee who is requested to participate in an investigation or hearing conducted by a local, state or federal agency with authority to investigate or remedy the violation; or
- An employee who refuses to participate in acts prohibited by the Whistleblower Act.
- Any violation or suspected violation of any federal, state or local law, rule or regulation committed by an employee or contractor that poses a threat to public health, safety or welfare
- Gross mismanagement: Managerial abuses or criminal or fraudulent conduct that may have a substantial economic impact
- Malfeasance: Wholly illegal and wrongful conduct (i.e. theft)
- Misfeasance: Performing a legal act in an improper or illegal manner (i.e. payroll fraud, inflated invoices)
- Gross waste of public funds
- Gross neglect of duty
- Public reprimand
- A fine
- Disciplinary action, including dismissal from employment
- Personnel grievances
- Issues involving an individual's employment rights
- Policy disagreements
- Transfer or demotion
- Reduction in salary or benefits
You may appeal the adverse personnel action to either a hearing examiner, an arbitrator or a Human Resources officer. The hearing examiner must consider whether the adverse action was retaliation for Whistleblower action in deciding whether the personnel action was justified. You are entitled to reinstatement if the action is deemed to be retaliatory.
You may also file a complaint with the Ethics Commission. The Ethics Commission will determine if the adverse personnel action was retaliation for Whistleblower activity. Any retaliation is considered a violation of the Conflict of Interest ordinance.