Administrative Code

• It is the policy of the county that members of the public and county employees should have open opportunities to bring to the attention of county government allegations of wrongdoing or malfeasance on the part of Broward County, its officers, employees, and independent contractors, including but not limited to violations of law that create a substantial and specific danger to the public's health, safety or welfare, gross waste of county funds or property, or abuse or neglect of duty.
• It is the policy of the county that members of the public, county employees, and independent contractors should be free from retaliation as a result of bringing forward such allegations or participating in an investigation of such allegations.
• The following policies and administrative procedures are established for the prompt and responsive investigation of such allegations and the implementation of corrective measures when necessary. The policies and procedures are not to be deemed as a substitute for the county's Equal Employment Opportunity complaint procedure or Procurement Code Appeal procedure.
• No employee or applicant for employment with Broward County shall be discharged, suspended, demoted, or subjected to other adverse personnel actions because he or she acted in good faith to bring to the attention of the county allegations of wrongdoing pursuant to this policy. No applicant for employment with Broward County shall be denied employment because he or she brought such allegations to the attention of county government or participated in the investigation of the allegations.
• The presumption of this policy is that employees will make allegations without the intent to falsely accuse the county, its officers, employees or independent contractors. Employees who willfully file complaints based upon information known by the employee making the allegations to be false or misrepresented, or who are themselves parties to the violations complained of will be subject to disciplinary action.
• PROCEDURES FOR WHISTLE BLOWER COMPLAINTS AND COMPLAINTS OF RETALIATION
• Responsibility, Authority, and Procedures for Investigation of Alleged Wrongdoing
• The County Administrator or his designee shall receive allegations pursuant to the provisions of this policy. Reports of alleged wrongdoing must be submitted in writing, and must include the verifiable name, address, and telephone number of the reporter. Reports of alleged wrongdoing which are not in this format will not be pursued under this policy. The Professional Standards Unit on behalf of the County Administrator will conduct an investigation of the complaint, including the taking of sworn testimony, and assessment as he or she deems necessary. Referrals are made to the appropriate law enforcement agencies when there is reason to believe that a crime may have been committed.
• The County Administrator is authorized to use such additional staff support and other resources as are necessary for the timely completion of investigations.
• Whistleblower investigations will be concluded with the forwarding of a written report with investigative findings and conclusions to the County Administrator within ninety (90) days of the date on which the allegations are received unless the County Administrator authorizes additional time based upon the circumstances of the investigation. The County Administrator shall take corrective administrative action as necessary.
• Procedures for Investigation of Complaints of Retaliation
• Notwithstanding any other grievance or appeal procedures which may be applicable based on provisions of civil service rules and regulations, labor agreements, or the county Equal Employment Opportunity policies, an employee or applicant who believes that retaliation prohibited by this section has occurred may, within sixty (60) days after the alleged prohibited action has taken place, file a written complaint with the Professional Standards Unit designated by the County Administrator to receive such complaints. In the event that the matter falls within the jurisdiction of the county's Equal Employment Opportunity grievance procedure, the matter will be referred to the Office of Equal Employment Opportunity for appropriate action.
• The Professional Standards Unit, thereafter, conducts an initial investigation of the complaint of retaliation, including the taking of sworn testimony as he or she deems necessary and shall, thereafter, convene an informal administrative review before a Board consisting of the Director of Human Resources, the Director of the Office of Equal Opportunity, and a senior executive in the county organization designated by the County Administrator to participate in the specific review.