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HomeMy WebLinkAboutItem P5 P5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting August 20, 2025 Agenda Item Number: P5 2023-4354 BULK ITEM: No DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Bryan Cook N/A AGENDA ITEM WORDING: Discussion and Direction regarding our current Whistleblower ordinance including whether to continue with the manual reporting process outlined in the ordinance or to invest in a software-based tracking system. ITEM BACKGROUND: According to the Final Report of the Monroe County Grand Jury regarding the 2022 Trauma Star diversion of controlled substances, one of the key recommendations was for Monroe County's Human Resources/Employee Services departments to review and update the whistleblower and anonymous reporting process. Specifically, the process should include a requirement to confirm receipt of each report. Additionally, a written internal report should document the steps taken to investigate each complaint, and a formal response should be provided to the reporting individual. To address these recommendations, Employee Services and the IT Department have been evaluating software-based systems that facilitate the reporting, tracking, and management of whistleblower complaints. Records show the most recent case was in 2024 and prior to that there was only one case in 2005. Given the low number of Whistleblower cases, staff wishes to get the Boards direction prior to purchasing software. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: TBD STAFF RECOMMENDATION: Discussion and Direction DOCUMENTATION: 4404 4905.3 - Receipt and Investigation Procedure of Whistle-blower information.pdf Ordinance 012-2009.pdf FINANCIAL IMPACT: TBD 4405 to 0 Iq BOARDISSI S County of Monroe Mayor David Rice,District 1 11��++ Mayor Pro Tem Craig Cates,District 3 The Florida Keys "' Michelle caldiron,District 2 James K.Scholl,District 4 Holly Merrill Raschein.District 5 OFFICE of the COUNTY ADMINISTRATOR Key West, Florida MONROE COUNTY ADMINISTRATIVE INSTRUCTION 4905.3 Date: August 3, 2022 Subject: Receipt and Investigation Procedure of whistle-blower information and complaints Reference: (A) Monroe County Ordinance No. 012-2009 O Monroe County Personnel Policies and Procedures Manual Effective Date: Immediately (1) Back ound: Until the adoption and implementation of Ordinance No. 012-2009 there was not an internal formal policy regarding whistle-blower complaints and protection of concerned parties. (2) Pu ose: To establish a procedure for receipt and investigation of whistle-blower information and complaints of retaliatory adverse action against an employee or applicant for employment. (3) Cancellation: This instruction is to remain continuously in effect until specifically revised or canceled. (4) Instruction/Action: These procedures do not diminish the rights, privileges, or remedies of an employee or applicant for employment under any other law or rule or under any collective bargaining agreement or employment contract. INVESTIGATION PROCEDURE FOR COMPLAINTS An affected individual shall submit a written signed complaint to the County Administrator within sixty (60)days after an action prohibited under ordinance 012-2009 or F.S. 112.3187— 112.31895. Alternative means of filing complaints, such as telephone or personal interview, will be made available for persons with a disability which would limit that person's ability to reduce his or her complaint to writing. Verbal complaints shall be documented by an individual appointed by the County Administrator. The complaint shall include the complainant's name and address, date the action occurred, names of people involved, location of occurrence,specific details of the occurrence, signature,and any other pertinent information. Upon receipt of a qualifying complaint under the ordinance,the County Administrator will refer the complaint to the designated panel for investigation. Within ten (10) working days of receipt of the complaint from the County Administrator, the panel will meet with the affected individual, if needed, in order to clarify or confirm information provided in the written complaint. MCA Instruction 4905.3 August 3, 2022 Page 2 The panel will investigate the complaint. The investigation may include interviewing all parties involved to clarify or confirm information, provided in the written complaint. Investigations will be conducted within 30 calendar days of the date the complaint was filed. The panel, in consultation with the County Attorney's Office, will make a determination on the merits of the complaint and provide a report within the 30 calendar day period to the County Administrator. The report shall contain proposed findings of fact and conclusions of law, which shall include a recommended decision. Within 10 days of receipt of the panel's proposed findings of fact and conclusions of law, the Administrator shall issue a written decision on the complaint. In rendering the decision,the County Administrator may accept, reject, or revise the findings of fact and conclusions of law proposed by the panel. The County Administrator's decision shall be sent to the complainant and any respondent(s) within 10 calendar days of receipt of the panel's report to the last known address of the complainant. The decision of the County Administrator shall become final as of the eleventh calendar day following the date of the decision provided that a request for reconsideration by the complainant or respondent(s) has not been received by the Administrator's office by close of business on the tenth calendar day. If the tenth calendar day falls on a weekend,County holiday, or declared state of emergency,the deadline for receipt of a request for reconsideration shall be extended until the close of business on the next iregu$ar business day of the County. The request for reconsideration shall state with particularity the points of County policy, law,or fact that, in the opinion of the person filing the request,the Administrator has overlooked or misapprehended in his or her decision,and shall not present issues not previously raised prior to the decision. The request for reconsideration may suggest a different remedy than that provided for in the Administrator's decision. The decision of the Administrator shall be not become final and effective until the Administrator has ruled upon the request for reconsideration in writing.. Time deadlines set forth in this instruction may be extended for any of the above steps as appropriate,on a case-by-case basis, as deemed appropriate by the Administrator. COMPOSITION OF PANEL The panel shall be comprised of the Assistant County Administrators, Human Resources Administrator and two Department Heads appointed by the County Administrator. If one of the designated panel members is personally involved in the complaint or is in the relevant chain of command of the parties involved, that person must immediately notify the County Administrator so that that panel member can be excused from participation in that particular complaint and an alternate named, if the County Administrator so desires. The County Administrator may,at any time,designate other individuals to serve on the panel as a substitute for any of the regular panel members in the event of a conflict or for any other reason deemed appropriate by the Administrator. The County Administrator's determination as to the composition of any particular panel shall be final. REMOVAL OF PANEL MEMBERS The County Administrator may remove a member from the Panel whenever he deems it necessary. CD 4 00 0 Iq Iq MCA Instruction 9 . August 3, 222 Page 3 RECORDS All records pertaining to this Instruction will be maintained by the County Administrator in accordance with e Florida Public Records Law, Ch. 11 , Florida Statutes. Roman tesi County Administrator Distribution: List VI Originator: DHR Review: August 3, 2025 Commissioner Wigington ORDINANCE NO. 012 — 2009 AN ORDINANCE CREATING MONROE COUNTY CODE CHAPTER 2, ARTICLE X; PROVIDING FOR PROTECTION OF EMPLOYEES AND APPLICANTS WHO FILE COMPLAINTS ABOUT VIOLATIONS OF LAW BY COUNTY AGENCIES, OFFICIALS, PERSONNEL, AND INDEPENDENT CONTRACTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 002-2009, Section 10, provides protection for employees who participate in the investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under the County's False Claim Ordinance; and WHEREAS, the Board of County Commissioners for Monroe County determine that it is in the best interests of the public that its employees and independent contractors not fear loss of their employment or other retaliation due to bringing to the attention of the administration, or otherwise participating in the investigation for, initiation of, testimony for, or assistance in an action filed or to be filed concerning any violations of law by employees or independent contractors; and NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1. WHISTLEBOWER'S ORDINANCE. Chapter 2, Article X, Adverse Action Against Persons For Disclosing Information Of Specified Nature Prohibited; Remedy And Relief,Monroe County Code, is hereby created to read: See. 1. Lesislative Intent. It is the intent of the Board of County Commissioners to prevent agencies or the County's independent contractors from taking retaliatory action against an employee or applicant for employment who reports to an appropriate agency violations of law on the part of Monroe County or its independent contractors that create a substantial and specific danger to the public's health, safety, or welfare. It is further the intent of the Board of County Commissioners to prevent agencies or the County's independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. Whistleblower Ordinance 1 4409 See. 2. Definitions. As used in this section, unless otherwise specified, the following words or terms shall have the meanings indicated: (a) Agency means Monroe County, a political subdivision of the State of Florida; any official, officer, department, division, or office of Monroe County government; as well as any boards or committees established by the Board of County Commissioners or the County Administrator. (b) Employee means a person who performs services for, and under the control and direction of, or contracts with, Monroe County or its independent contractors for wages or other remuneration. (c) Adverse personnel action means the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or an independent contractor. (d) Independent contractor means a person, other than an agency, engaged in any business and who enters into a contract with Monroe County. (e) Gross mismanagement means a continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact. (f) Applicant for employment means an applicant for employment with Monroe County or its independent contractors. See. 3. Actions Prohibited. (a) An agency or independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee or applicant for employment for disclosing information pursuant to the provisions of this section. (b) An agency or independent contractor shall not take any adverse action that affects the rights or interests of a person in retaliation for the person's disclosure of information under this section. (c) The provisions of this subsection shall not be applicable when an employee or person discloses information known by the employee or person to be false. Sec. 4. Nature of Information Disclosed The information disclosed under this section must include: (a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare. whistleblower Ordinance Z 4410 (b) Any 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 an agency or independent contractor. Sec. 5. To Whom Information Disclosed. The information disclosed under this section must be disclosed to the County Administrator or his/her designee, pursuant to procedures established by the County Administrator. Sec. 6. Employees and Persons Protected. This section protects employees and persons who disclose information on their own initiative in a written and signed complaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or other government entity; who refuse to participate in any adverse action prohibited by this section; or who initiate a complaint through the state's whistle-blower's hotline; or employees who file any written complaint to their supervisory officials or employees who submit a complaint to the chief county administrator or county attorney. The provisions of this section may not be used by a person while he or she is under the care, custody, or control of the state correctional system or, after his or her release from the care, custody, or control of the state correctional system, with respect to circumstances that occurred during any period of incarceration. No remedy or other protection under this section or §§ 112.3187-- 112.31895, F.S. applies to any person who has committed or intentionally participated in committing the violation or suspected violation for which protection under this section is being sought. Sec. 7. Remedies. (a) The County Administrator shall establish a procedure for receipt and investigation of whistle-blower information and complaints of retaliatory adverse action received from members of the public. The procedure shall provide for the prevention of retaliation, and corrective action for any retaliatory adverse action taken by an agency or independent contractor. (b) The County Administrator shall establish a procedure for the investigation and review of employee and applicant for employment complaints of unlawful adverse personnel action filed pursuant to this section. The procedure shall include a step for review of complaints by a panel of impartial persons to be designated by the County Administrator. The County Administrator may designate members of County staff to serve on the review panel if such staff were not personally involved in the case and are not in the relevant chain of command for the parties involved. Upon hearing a complaint, the panel must make findings of fact and conclusions of law for a final decision by the county administrator. (c) Within sixty (60) days after an action prohibited by this section, any employee or applicant for employment protected by this section may file a complaint with the County Administrator or his/her designee. (d) The County Administrator is authorized to award the following remedies where appropriate to effectuate the intent of this section: Whisfleblower Ordinance 3 4411 (i) Reinstatement of the employee to the same position held before the adverse action was commenced, or to an equivalent position or reasonable front pay as alternative relief. (ii) Reinstatement of the employee's full fringe benefits and seniority rights, as appropriate. (iii) Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action. (iv) Regarding applicants for employment, any relief deemed by the County Administrator to be appropriate under the circumstances. Sec. S. Defenses. It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee's or person's exercise of rights protected by this section. Sec. 9. Existine Rights. This section does not diminish the rights, privileges, or remedies of an employee or applicant for employment under any other law or rule or under any collective bargaining agreement or employment contract. Sec. 10. Rules and Procedures. The County Administrator is authorized to promulgate such rules and procedures necessary to effectuate the intent of this section. Sec. 11. Public Records. The Florida Public Records Law, Ch. 119, Florida Statutes, applies to records generated in the course of administering the provisions of this Article, and only such exemptions as are allowed by state law apply to public records, as defined in state statute, received or produced in furtherance of this Article. SECTION 2. SEVERABHJTY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Whistleblower Ordinance 4 4412 SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repelled to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on 5/20/09 , provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20 day of May , 2009. Mayor George Neugent Yes Mayor Pro Tem Sylvia Murphy Yes Commissioner Heather Carruthers Yes commissioner Mario DiGennaro Yes issioner Kim Wigington Yes ti 23 '�►` a BOARD OF COUNTY COMMISSIONERS f . t f `L.KOLHAGE, Clerk OF MONROE COUNTY,FLORIDA By .. By Deputy Clerk Mayor/Chairperson M L✓ E C.3 C= CL CC i O zt MONROE COUNTY ATTORNEY W .. S' A t'a .: TTON Whistleblower Ordinance 5 4413 Fs- BOCC Discussion and Direction em,) Whistleblower Ordinance and Process • Trauma Star Grand Jury Recommendation: "Monroe County' s Human Resources / Employee Services departments should review and update its whistleblower / anonymous reporting process to require a response be sent confirming receipt of the report. There also needs to be a written report or response documented internally indicating what was done to investigate the report as well as a response being provided to the individual who made the report:' BOCC Discussion and Direction Whistleblower Ordinance and Process • Current Whistleblower Ordinance 012-2009 • "County Administrator shall establish a procedure for receipt and investigation of whistleblower information and complaints..." • Protects against retaliation against the claimant • (Personnel Policies and Procedures Manual also protects against retaliation) 8/20/2025 2 BOCC Discussion and Direction Whistleblower Ordinance and Process • Administrative Instruction 4905.3 - Receipt and Investigation Procedure of Whistleblower Information and Complaints • Claimant may report in writing, by phone or in-person if such accommodations are needed • County Administrator appoints an investigative panel who will investigate and provide a report within 30 days • County Administrator makes a final determination within 10 days and provides the report to the claimant 8/20/2025 3 BOCC Discussion and Direction Whistleblower Ordinance and Process • Difference between our current ordinance/administrative instruction and the Grand Jury recommendation: • Parts of our process can be anonymous, but not fully anonymous • Public Records Disclosure "Sunshine" Law • Historical Whistleblower Cases: • 2024 • 2005 8/20/2025 4 BOCC Discussion and Direction - F ;1► r Whistleblower Ordinance and Process • New Training from Florida Ethics Institute — annual — all employees • "If you see something, say something:' Courses: • Reporting and Responding to Workplace Misconduct • Professionalism, Ethics, and Working in a Regulated Environment • Preventing Workplace Discrimination • Preventing Workplace Bullying • Identifying, Reporting, and Addressing Harassment in the Workplace • Identifying and Preventing Violence in the Workplace • Drug Free Workplace Policy 8/20/2025 5 BOCC Discussion and Direction Whistleblower Ordinance and Process • Options: 1. Continue with our current process 2. Add a form to our website for anonymous submittals • One way communication — no feedback 3. Purchase software to add a fully anonymous reporting function • $4,000 to $20,000 per year • Note: Records within the software would still be subject to Sunshine Laws 8/20/2025 6