AP 199: Whistleblower Protection
Administration of Policy and Legislation
Background
The Superintendent values the principles of integrity, respect and care, and expects all employees to demonstrate high ethical standards in their work. Employees may expect, in return, a positive supportive environment, where they can seek advice and, if necessary, disclose wrongdoing without fear of reprisal, knowing that such disclosures will be taken seriously.
The Province of Alberta has enacted the Public Interest Disclosure (Whistleblower Protection) Act (“the Act”) in order to:
- Facilitate the disclosure and investigation of significant and serious matters in or relating to public bodies, including school boards that an employee believes may be unlawful, dangerous to the public, or injurious to the public interest;
- Protect employees who make those disclosures;
- Manage, investigate and make recommendations respecting disclosures of wrongdoings and reprisals; and
- Promote public confidence in the administration of public bodies.
The Superintendent shall ensure an environment exists that enables and supports employees to come forward to disclose wrongdoing without fear of reprisal, consistent with the Act and related Regulations of the Province of Alberta.
Procedures
1. The Superintendent is the Chief Officer for the purpose of the overall administration and reporting required under the Act.
2. The Deputy Superintendent is the Designated Officer for the purpose of administering and investigating disclosures under the Act.
Application
3. This administrative procedure applies to “wrongdoings” in or relating to Parkland School Division, its schools, departments and employees that involve:
3.1. A contravention of an Act of Alberta or Canada or the Regulations related to those acts, or
3.2. An act or omission that creates
3.2.1. Substantial and specific danger to the life, health or safety of individuals other that a danger that is inherent in the performance of the duties of functions of an employee, or
3.2.2. Substantial and specific danger to the environment, or
3.3. Gross mismanagement, including an act or omission that is deliberate and that shows a reckless or willful disregard for the proper management of:
3.3.1. Public funds or a public asset;
3.3.2. The delivery of a public service including the management or performance of a contract or arrangement identified or described in the regulations, including the duties resulting from the contract or arrangement or any funds administered or provided under the contract or arrangement;
3.3.3. The delivery of a public service including the management or performance of the duties and powers resulting from an enactment identified or described in the regulations or any funds administered or provided as a result of the enactment; and
3.3.4. Employees, by a pattern of behaviour or conduct of a systemic nature that indicates a problem in the culture of the organization relating to bullying, harassment or intimidation.
3.4. Knowingly directing or counseling an individual to commit one of the wrongdoings listed above or as prescribed in the regulations.
4. Day-to-day workplace issues that fall short of “wrongdoings” are to be dealt with using existing Division policies and/or procedures.
No Reprisals
5. An employee will not be subject to actions or threats of dismissal, layoff, suspension, demotion, transfer, discontinuation or elimination of a job, change of job location, reduction in wages, change in hours of work, or reprimand, or any other measure that adversely affects the employee’s employment or working conditions who, in good faith:
5.1. Seeks advice about making a disclosure;
5.2. Makes or made a disclosure;
5.3. Co-operated in an investigation; or
5.4. Declined to participate in a wrongdoing.
6. An employee may make a written complaint directly to the Public Interest Commissioner.
6.1. Such a written complaint must, according to the Act, be made on the “Complaint of Reprisal Form.”
7. Reasonable human resource management decisions made in good faith do not constitute a reprisal.
Disclosure
8. Disclosures of wrongdoing shall be made to the Designated Officer, in writing, or by direct disclosure to the Public Interest Commissioner.
8.1. The Public Interest Disclosure (Whistleblower Protection) Act Disclosure Form outlines the information required in a disclosure.
9. In the event that disclosure to the Designated Officer is not appropriate due to conflict of interest with respect to the nature of the disclosure or the person involved, disclosure may be made to the Superintendent (the Chief Officer).
10. Disclosures of matters dealing with “imminent risk” (matters that require immediate attention as they pose significant risk to public health or safety, or a danger to the environment) shall be made directly to the Public Interest Commissioner, who will then communicate with the appropriate authorities. The employee must also disclose the wrongdoing to the Designated Officer as soon as practicable thereafter.
11. An employee considering making a disclosure may seek advice from the Designated Officer, Chief Officer or the Public Interest Commissioner.
12. Anonymous disclosures may be dealt with, but an investigation may be hampered by the request for anonymity.
Investigations
13. Upon receiving a disclosure, the person receiving the disclosure shall determine whether or not an investigation is warranted.
14. An investigation may involve both internal and external sources to assist in determining whether a wrongdoing has occurred and what corrective action may be appropriate.
15. Confidentiality of the discloser of a wrongdoing shall be maintained to the extent possible consistent with the need to conduct an adequate investigation.
16. Investigations shall be conducted in accordance with the principles of fairness and natural justice.
Timelines
17. A disclosure of wrongdoing or complaint of reprisal shall be acknowledged not more than five (5) business days from the date on which the disclosure of wrongdoing or complaint of reprisal is received.
18. The employee who submitted a disclosure of wrongdoing or complaint of reprisal shall be advised no more than ten (10) business days from the date on which the disclosure of wrongdoing or complaint of reprisal is received of whether an investigation will be made.
19. An investigation must be concluded not more than one hundred and ten (110) business days from the date on which the disclosure of wrongdoing or complaint or reprisal is received. The employee who submitted a disclosure of wrongdoing or complaint of reprisal shall be advised of the result of the investigation in writing.
20. These timelines may be extended by the Superintendent or by the Public Interest Commissioner.
Good Faith
21. An employee who submits a disclosure of wrongdoing or complaint of reprisal must act in good faith.
22. Deliberately false or malicious allegations by an employee will form the grounds for disciplinary action up to and including termination of employment.
Approved:
