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Kootenai County reviews '4-13' whistleblower policy; HR and legal urged as reporting funnel
Summary
The board discussed policy 4-13, county reporting steps for suspected waste or law violations, and protections for employees; county legal counsel recommended supervisors, HR and legal as the reporting funnel to limit costly retaliation claims.
At a June 17 meeting, Kootenai County commissioners discussed the county's whistleblower policy, referred to in the meeting as "4-13," and the process for employees to report waste, violations of law or other protected disclosures.
Darren Murphy of the civil division of the prosecuting attorney's office told the board the county revised the policy with input from elected officials and that the policy "goes beyond the whistleblower statute" in some definitions while remaining broad. Murphy said employees should report concerns to a supervisor who has decision-making authority, and that HR and legal will assist supervisors in documenting and investigating reports. "We encourage employees to report to their supervisor," Murphy said, adding that HR and legal often meet with employees to help "flush out" concerns.
Murphy said timely reporting is important and warned of significant potential damages for successful whistleblower claims: "They are sometimes difficult ... so let's utilize HR and legal to help do that," he said, noting recent multi-six-figure and seven-figure verdicts or settlements in similar claims.
Board members asked about protections where employees fear retaliation. Murphy reiterated the county's preference for a reporting funnel through supervisors and HR, and said the county will presume good faith when employees report concerns promptly. Commissioners also discussed steps to address situations in which HR or legal might present a conflict; Murphy and county staff said the county would retain outside counsel or otherwise farm out the review in those instances.
A commissioner emphasized the board's intent to protect employees who bring legitimate concerns and said elected officials may ask HR and legal to investigate and provide resources. The discussion named the Tort Claims Act as the statute that limits many claims but noted whistleblower claims can be an exception to caps on damages.
No formal action or vote accompanied the discussion. Commissioners directed staff to rely on HR and legal and to return any needed clarifications to the board.
