24/7 Whistleblower Program

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1 Bidding to Other Public Entities and Outsourcing 4/8/2010 Complaint alleging unfair competition in contracting practices. t sustained 5/14/2010 Lack of supporting evidence. Citizen with Shoulder Injury 4/28/2010 Complaint alleging injury to left shoulder caused by County staff. t sustained 5/19/2010 Lack of supporting evidence. Irregularities in Contracting Matters 5/1/2010 Complaint alleging irregularities in contracting practices. Hostile Work Environment by Supervisor 5/7/2010 Complaint by employee alleging supervisor is creating a hostile work environment. t sustained 10/2/2010 violation of County rules. Sample Election Ballots 5/7/2010 Request to make sample election ballots easier to tear out of booklet. t sustained 5/7/2010 Requested change is not possible. Page: 1

2 Work Out of Class Payment for Acting Supervisor 5/10/2010 Complaint alleging acting supervisor is receiving out-of-class pay without doing the work. t sustained 6/18/2010 Lack of supporting evidence. Tax Prep Services on County Time 5/13/2010 Complaint alleging employee is providing tax prep services on County time. Unfair Hiring Practices 5/15/2010 Complaint alleging contractor was hired into permanent status without a job posting and without regard to the hiring freeze. Retaliation & Failure to Protect 5/18/2010 Complaint from two employees alleging they were retaliated against because one had complained of a co-worker's drinking problem. Employee Soliciting for Side Business 5/19/2010 Complaint alleging a County employee is soliciting expert witness business from County customers. Page: 2

3 Fraud by Private Attorney 5/19/2010 Request for document review to determine validity of trust case. Does not involve County 5/19/2010 Caller referred to State Bar. Census - Request to Stop Calling and Visiting 5/23/2010 Complaint from a member of the public alleging Census workers have called and visited excessively. Does not involve County 5/24/2010 Referred to Federal Census Bureau. Colleague Defrauding County by Inflating Time Studies 5/28/2010 Complaint from employee alleging co-worker is defrauding the County by inflating time spent working on projects in time studies. San Jose Water Company - Rate Increase Protest - Do not change the meters 6/3/2010 Complaint from member of the public stating opposition to San Jose Water Company's plan to change the meters. Does not involve County 6/4/2010 Water District was co-recipient of Whistleblower's . Retaliation & Preferential Treatment Related to Overtime 6/9/2010 Complaint alleging manager shows preferential treatment to friends, such as giving them overtime, and retaliates against staff members who complain about this practice. Page: 3

4 Staff Allege Illegal Campaign Activity 6/11/2010 Complaint from staff members alleging employee is working full-time on an election campaign in a County office. t sustained 9/27/2010 violation of County rules. Violations of Confidentiality 6/21/2010 Complaint alleging employee discusses confidential information on cell phone. t sustained 6/21/2010 Lack of supporting evidence. Investigator Accused of Elder Abuse 6/22/2010 Complaint alleging Court Investigator is physically abusive with the elderly. Does not involve County 6/29/2010 Whistleblower referred to Superior Court. Improper Sharing of Confidential Information 6/25/2010 Complaint alleging that employee was improperly sharing confidential information. Discrimination in Promotion Process 6/28/2010 Complaint from employee claiming manager engages in discrimination in hiring process and retaliates against other employees. Page: 4

5 Denial of Unemployment Benefits 6/28/2010 Member of public seeking advice after denial of unemployment benefits. Does not involve County 6/29/2010 Caller advised that County is not involved in unemployment benefits matters. Caller also referred to SSA and Legal Aid for possible assistance. Failure to Investigate Allegations 6/29/2010 Complaint alleging a County department has not responded to request for assistance regarding an alleged violation of law. Inappropriate Behavior by County Employees 6/30/2010 Complaint alleging affair between manager and staff member has created a hostile work environment for staff. Matter being re-examined by department. 7/2/2010 Alleged Improper Actions by County Department 7/6/2010 Complaint from member of the public alleging County employee gave away well rights and two homes on his property. t sustained 7/15/2010 Lack of supporting evidence. Page: 5

6 Personal Card v. P-Card Use 7/7/2010 1st complaint alleges manager is using personal credit card instead of a P-card to purchase hotel and travel for employees and keeping the free miles/points for his personal use. 2nd complaint alleges retaliation for submitting the original complaint. 1st complaint - not sustained for lack of supporting evidence. Harassment of Union Members by Supervisor 7/11/2010 Complaint alleging harrassment and retaliation against union members by supervisor who is an officer in a different union. False Sexual Harassment Claim by County Employee 7/13/2010 Call from employee alleging a female employee filed a frivolous and malicious sexual harassment complaint against him for the second time. n-lawyer Employee Accused of Practicing Law 7/14/2010 Complaint from an attorney alleging County employee contacted her from a County phone and attempted to discuss settlement of a legal matter on behalf of a friend. Employees Smoking Too Close to Buildings 7/15/2010 Complaint alleging two employees are violating County policy and state law by continuing to smoke too close to County buildings. Sustained 7/29/2010 Employees were counseled on County policy and agreed to comply. Page: 6

7 Alleged Case of Insurance Fraud 7/15/2010 Complaint alleging employee who is getting special treatment for back problems appears to have no problem with motion, lifting, or movement and may have submitted a fraudulent medical claim. t sustained 10/5/2010 Lack of supporting evidence. Parking Officer Violation of Confidentiality 7/15/2010 Complaint alleging a parking officer regularly showed up at an employee's parking lot to issue parking tickets only to complainant and that the officer violated confidentiality laws. Complaint re Housing Fraud 7/16/2010 Complaint alleging housing fraud. t sustained 7/16/2010 Whistleblower referred to D.A.'s Office. Allegation of Lying 7/16/2010 Complaint alleging that an employee lied about alleged drug use. Website Defrauding the Unemployed 7/18/2010 Complaint alleging a private website is taking advantage of unemployed individuals. Does not involve County 7/21/2010 Whistleblower referred to D.A.'s Office. Page: 7

8 Smoking Near Building 7/20/2010 Complaint alleging employees ignore Board policy and continue to smoke near County buildings. Sustained 7/21/2010 Director followed up with employees and requested additional signage. Zoning - Limo Business in Residential Neighborhood 7/21/2010 Question from woman asking if a neighbor's limosine business that is run from a single family home in a residential neighborhood is a zoning violation. Does not involve County 7/27/2010 Caller referred to City of SJ Code Enforcement Division. Sick Time t Charged to Leave Bank 7/23/2010 Complaint alleging member of management is not charging sick time to leave bank. Improper Access and Use of Information in Client File 7/24/2010 Complaint alleging staff member improperly accessed a file belonging to a client and used the information for harassment purposes. Matricula Consular Accepted as ID Card 7/27/2010 Complaint from member of the public alleging County departments are improperly accepting the Mexican government's Matricula Consular as an official form of identification. t sustained 10/22/2010 Permitted under County policy. Page: 8

9 False Overtime Claimed on Timecard 7/27/2010 Complaint alleging an employee is falsely claiming overtime on timecard with management's knowledge. Interpreter Causing Problems 8/3/2010 Request from employee for an investigation into inappropriate behavior on the part of an interpreter who is allegedly misinforming clients and causing problems for the department. County Employees Rude and Belligerent to Citizens 8/12/2010 Complaint from member of the public alleging County employees behaved crudely and became belligerent when approached by citizens. Facebook - Request for assistance in prosecuting hate speech posted online 8/15/2010 Request from French citizen for legal assistance in prosecuting hateful, discriminatory and violent speech posted on Facebook against French, Arabs, and gays in France. Does not involve County 9/14/2010 Whistleblower advised to contact D.A. or County Bar Association. Alleged Abuse of Overtime 8/17/2010 Complaint alleging employees are knowingly violating County policy and abusing overtime. Page: 9

10 Improper Action by Employee 8/18/2010 Complaint alleging that manager violated confidentiality by arranging for manager's child to visit County facilities without first obtaining permission. Alleged Mistreatment of Customer 8/18/2010 Complaint from employee alleging conspiracy in provider services to County customer. County Law Library - Patron Forced to Leave 8/21/2010 Staff at Santa Clara County Law Library allegedly discriminated and denied a patron her first amendment rights by calling police and forcing her to leave. Does not involve County 8/27/2010 Whistleblower advised to follow up with Library. Copy of complaint sent to Library management. Employee Complaint Alleging Co-worker Uses County Computer to Send Personal s 9/8/2010 Complaint alleging employee does no work and spends time writing personal s to a manager in another department. Page: 10

11 Drug Use At Work 9/8/2010 Complaint from employee who transfered out of department alleging that management ignores problems caused by two managers who engage in drug use during work hours. Alleged Improper Use of Union Time Off 9/12/2010 Complaint alleging a union officer and friends are allowed to take union time off from work for improper purposes. Outside Employment During County Business Hours 9/13/2010 Complaint alleging manager is running two personal businesses during work hours. Allegation of Insurance Fraud 9/14/2010 Complaint alleging employee committed insurance fraud. Retaliation for Using Family Medical Leave Act Time 9/19/2010 Complaint by employee with illness alleging she was retaliated against for taking FMLA time and for refusing to participate in the firing of her boss. Page: 11

12 Carcinogens in Ventilation System 9/21/2010 Complaint by former employee alleging wrongful termination for acting as a whistleblower and exposing that a County building had carcinogens in the ventilation system. Investigation not warranted. Complainant has sued the County several times for this exact same reason. Employee Running Private Practice During Work Hours 9/22/2010 Complaint alleging an employee lectures at a local university and runs a private practice during work hours. Employee Spending Time on and Facebook 9/28/2010 Complaint alleging employee does no work and spends day sending personal s and playing on Facebook. Employee ing Family and Friends During Work Hours 9/28/2010 Complaint alleging employee s family and friends instead of performing required County duties. Page: 12

13 Retroactive Increase to Price of Fix It Ticket 9/28/2010 Complaint alleging the fees charged for a 'fix it ticket' were retroactively increased from $25 to $330. Allegations of Improper Treatment of County Customer 9/29/2010 Complaint from a member of the public alleging that County staff treated a customer improperly. Employees Allegedly Harassing Co-workers and t Doing Their Own Work 10/4/2010 Complaint alleging that several employees are not doing their jobs and spend time harassing co-workers. Special Use Permit 10/12/2010 Complaint received from member of the public alleging he was denied equal access when denied a use permit. t sustained 10/29/2010 Retaliation Based on Hispanic Heritage 10/13/2010 Complaint alleging manager retaliates and discriminates against staff members of Hispanic heritage. Page: 13

14 Refusal to Investigate Corrupt Practices 10/15/2010 Complaint alleging refusal to investigate an attorney regarding a fee issue. Number of Whistleblower Complaints: 63 Page: 14

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