Whistle Blower POLICY NO: 420

All district employees are protected from retaliation for reporting waste or violations of any law, rule or regulation so long as the employee:

1. Reports in good faith his/her belief that there is waste of public funds;
2. Reports in good faith the violation or suspected violation of a law, rule or regulation;
3. Participates in or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or other administrative review; or
4. Objects to or refuses to carry out a directive that the employee believes in good faith to violate a law, rule or regulation.

The district is forbidden from taking the following adverse action against an employee for exercising the employee’s rights listed above:

1. Discharging the employee;
2. Threatening the employee; or
3. Discriminating against the employee's employment.

Discrimination against employment includes compensation, terms, conditions, location, rights, immunities, promotions or privileges.

If the district takes adverse action or intends to take adverse action that is forbidden by the Idaho Protection of Public Employees Act, the employee may sue for damages or an injunction within one hundred eighty (180) days. If a court finds that adverse action was taken or threatened, the court may enjoin further adverse action, order the reinstatement of the employee, order compensation for lost wages, assess a civil penalty not to exceed five hundred dollars ($500), and order payment of the employee's attorney fees.

The district may be awarded attorney's fees when an employee brings suit without reasonable basis in fact or law.

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ADOPTED: June 18, 1996

LEGAL REFERENCE:

Idaho Code Section 6-2101 et seq.