Metro Whistleblower Policy

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1 Policy, Program, Development & Intergovernmental Relations Committee Board Action Item II-A April 8, 2010 Metro Whistleblower Policy

2 Washington Metropolitan Area Transit Authority Board Action/Information Summary Action Information MEAD Number: Resolution: Yes No TITLE: Revisions to Whistleblowing Policy PURPOSE: To adopt a Resolution reaffirming the Board`s commitment to whistleblower protections for those who report safety issues and fraud and abuse in Metro operations. DESCRIPTION: This action requests that the Board adopt the subject Resolution in order to renew Metro`s commitment to protecting employee whistleblowers. The Resolution would direct the General Manager, with the input from the Inspector General, to update and revise the Metro Policy/Instruction, entitled "Whistleblowing," P/I 7.32/0 (adopted in 1999), to encourage good faith reports of fraud, abuse, waste, gross mismanagement and safety and security violations, and protecting employees and others who make such reports from retaliation. The new P/I would also publicize recent federal whistleblower protection mechanisms available to Metro employees for allegations related to safety and security and use of federal stimulus funds. This action has been developed through a collaboration of the Office of Inspector General and the Office of Counsel. FUNDING IMPACT: No impact on funding. RECOMMENDATION: Adopt a Resolution reaffirming the Board`s commitment to whistleblower protections for those who report safety issues and fraud and abuse in Metro operations.

3 Whistleblower Protection ti Policy Policy, Program Development & Intergovernmental Relations Committee April 8, 2010

4 Purpose To adopt a Resolution reaffirming the Board s commitment to whistleblower protections for employees who make good faith reports of safety issues, fraud, and abuse in Metro operations.

5 Resolution The Resolution would: Recognize that, since the current Metro whistleblower protection ti policy was adopted d in 1999, additional federal statutory protections applicable to Metro employees for certain types of whistleblower reports have been enacted. Recognize that the Metro Office of Inspector General, which was established after the current whistleblower protection policy was adopted, has an important role to play in investigating claims of retaliation and threats of retaliation for reports of fraud and abuse and safety violations in Metro operations

6 Resolution (Cont.) Direct the General Manager, with input from the Inspector General, to update and revise the current Metro whistleblower protection policy to improve it as appropriate, recognize the role of the Office of Inspector General and publicize to employees all whistleblower protections available to them.

7 Background Federal Whistleblower Protection Mechanisms: - National Transit Systems Security Act (NTSSA) authorizes the U.S. Department of Labor to address complaints of discrimination against employees, contractors and subcontractors of public transportation agencies who report safety or security conditions. - American Recovery and Reinvestment Act (ARRA) prohibits reprisal against an employee of any employer for making a report of violation of law or fraud, abuse or gross mismanagement with respect to federal stimulus funds authorized under ARRA. The federal Inspector General of the agency that administers the ARRA grant involved investigates the reprisal allegation, which in the case of Metro would normally be the U.S. Department of Transportation OIG.

8 Promoting Positive Change in Metro Culture The Board s Resolution and updated whistleblower policy would contribute to the process of promoting positive change in Metro s culture: To enhance accountability at all levels of the organization To enhance safety To support our workforce To support the important t work of the Office of Inspector General

9 Recommendations Approval to adopt a Resolution reaffirming the Board s commitment to whistleblower protections for employees who make good faith reports of safety issues, fraud, and abuse in Metro operations.

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