State agencies are responsible for providing employees with an annual written summary of procedures for reporting improper governmental action under RCW Chapter 42.40, the State Employee Whistleblower Protection Act. The Office of Internal Audit communicates a summary of the Act via WSU Announcements twice a year. In addition, provisions of the Act have been adopted in University policy BPPM 10.20, and, the University sponsors periodic training on the Whistleblower Programs through HRS Training Resources.
What is the Whistleblower Act?
What is an improper governmental action?
How to report an improper governmental action
What is the Whistleblower Act?
Public employees have an obligation to ensure that government in general, and their departments in particular, prevent improper governmental action. The Whistleblower Protection Act, enacted by State Legislature in 1982 and amended in 1999, was enacted to provide an avenue for state employees to report suspected improper governmental actions.
In summary, the Act, carried out through the Whistleblower Program, encourages state employees to report improper governmental action (s). The law makes retaliation against whistleblowers unlawful and authorizes remedies should it occur. The State Auditor's Office investigates and reports on complaints of improper governmental action and the Human Rights Commission has sole responsibility for investigating asserted retaliatory actions. The Act does not authorize the State Auditor's Office to investigate personnel actions for which other remedies exist, such as employee greivances.
Any Washington state employee may report a suspected improper governmental action through the Whistleblower Program. This includes temporary employees, classified and exempt civil service employees, and elected officials. The Act does not cover employees of state contractors.
Provisions of the Act employees should be aware of prior to filing a complaint: 1) the asserted improper activity (ies) must have occurred within one year of the filing of the assertion(s), and, 2) Whistleblowers must file complaints in good faith. Good faith is lacking when the employee knows, or reasonably ought to know, that the report is malicious, false or frivolous.
What is an improper governmental action?
An improper governmental action is any action by a state employee undertaken in the performance of an employee's official duties, and:
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is a gross waste of public funds or resources;
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or, is in violation of federal or state law or rule, if the violation is not merely technical or of a minimum nature;
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or, is of substantial and specific danger to the public health or safety.
How to report an improper governmental action
University employees may file complaints of improper governmental action in two ways: 1) to the State Auditor's Office via the Whistleblower Program, or, 2) to the Office of Internal Audit.
Reporting Complaints via the Whistleblower Program
In order to be covered under the provisions of the Act (including protection against retaliation), improper governmental actions must be filed in writing with the State Auditor's Office. They can be reported using the Whistleblower Reporting Form, or in a separate letter. The report must include sufficient detail to contribute to a thorough and efficient investigation. See Summary of Provisions and Protections for more information on the Whistleblower Program as provided by State Auditor's Office, including sanctions and the reporting process.
Reporting Complaints via the Office of Internal Audit
University employees may disclose assertions of improper governmental actions to the Office of Internal Audit. Employees should be aware that Washington State's Whistleblower Act does not apply to communications between University employees and WSU's Office of Internal Audit. Therefore, the Internal Auditor may not follow the same investigation and notification processes. Further, although every effort is made to maintain the confidentiality of the person filing a complaint, the complainant will not have the same assurance of legal protections against retaliation as mandated under the State Whistleblower Act.
Though the Office of Internal Audit encourages employees to file complaints or concerns with Internal Audit, if the employee is concerned with retaliation, then we suggest the employee use the Whistleblower Program and related protections. To file complaints with Internal Audit, please follow the directions to file a Claim of Employee Misconduct.
Please note we also receive assertions, or inquiries about making an assertion, in person at our offices in IT 2127, or via mail, or phone 335-2001.
back to topResources
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BPPM 10.20 - Improper Governmental Action (Whistleblower Act)
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RCW 42.40 - State Whistleblower Act