Protecting whistleblowers the focus of a policy statement issued by Wayne County [NY]
Source: Wayne County web site
Wayne County recently issued a policy statement addressing Whistleblower Protections . The statement indicates that “Wayne County will extend to its employees all protections afforded to them under the applicable State and federal Whistleblower laws including the Federal False Claims Act, the New York State False Claims Act and the New York State Civil Service Law.
The statement notes that New York State Civil Service Law [Civil Service Law §75-B] prohibits the public employers from dismissing or taking other disciplinary or other adverse personnel action against a public employee who reports fraud, wrongdoing or violations of the law, "to Wayne County or to another government body." These protections apply to disciplinary proceedings, arbitration and collective bargaining agreements where the adverse action taken by the employer is based solely on retaliation for whistleblower conduct.
The statement also notes that in the event the employee who has been the subject of a retaliatory personnel action is not subject to final and binding arbitration, the employee may bring a civil action in court and the court may order reinstatement of the employee to the same or an equivalent position, the reinstatement of full fringe benefits and seniority rights and compensation for lost wages, benefits and other remuneration including court costs and attorney fees.
Also addressed are the State and Federal False Claims Acts.
Under the Federal False Claims Act* any person may bring a qui tam** civil action for a violation of the Federal False Claims Act on behalf of the federal government. Further, an employee may bring a qui tam lawsuit in U. S. District Court if the employee has been discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or employer because of lawful acts done by the employee in reporting a false claim to the employer or to a government body.
The policy provides that in the event “if employee, contractor or vendor witnesses, learns of, or is asked to participate in, an activity that could potentially violate or is suspected or known to violate this Compliance Plan or any Wayne County policy, or any law or regulation, he or she must report the request and the activity."
According to the statement, "Employees, contractors or vendors should endeavor to contact their supervisor, acting supervisor, or department head first. If those persons are not available, or the reporter has reason to believe that the supervisor or department head is a party to the activity, or if the suspected violation presents an immediate or serious danger to the public health or safety, then the employee, contractor or vendor shall contact the Compliance Officer.”
As to New York State’s False Claims Act, Article 13, State Finance Law, (NYSFCA),*** also referred to as a Qui Tam Statute or as a whistleblower law, the NYSFCA allows a private individual (including a public employee) to sue a person or company (including a fellow employee or employer in their individual capacity), "if such person or company knowingly submits a false or fraudulent claim to a state or local government." Such false or fraudulent financial claims include, but are not limited to, health care fraud in programs such as Medicaid.
* On the Internet at: http://www.law.cornell.edu/uscode/31/3729.html
** One of the "ancient common law writs," a writ of qui tam allows a private individual to prosecute an alleged violation of §3729. If successful, the individual can receive all or part of any penalty imposed. A private person may bring such a civil action pursuant to §3730 of the Act, which provides that "The action shall be brought in the name of the Government [by a private individual]."
*** See, also, §740 of the State Labor Law.
The full text of the Wayne County policy statement is available on the Internet at:
http://www.co.wayne.ny.us/Departments/ctyattorney/Wayne%20County%20Compliance%20Plan%20-%20Final%20_1_.pdf
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and in other jurisdictions in general.
ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law.
Email: publications@nycap.rr.com