Whistleblower Policy - Adopted July 14, 2009

Flenniken Public Library

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Whistleblower Policy
For Flenniken Public Library
Introduction

In keeping with the policy of maintaining the highest standards of conduct and ethics, Flenniken Public Library will investigate any suspected fraudulent or dishonest use or misuse of Flenniken Public Library’s resources or property by staff, board members, consultants, or volunteers.
Staff, board members, consultants, and volunteers are encouraged to report suspected fraudulent or dishonest conduct, i.e., to act as “whistleblower,” pursuant to the procedures set forth as follows:
Reporting
A person’s concerns about possible fraudulent or dishonest use or misuse of resources or property should be reported to the library’s Assistant Director. If, for any reason, a person finds it difficult to report his or her concerns to the Assistant Director, the person may report the concerns directly to the library’s Director or the Chairperson of the library’s Board of Directors.  Alternatively, to facilitate reporting of suspect violations where the reporter wished to remain anonymous, a written statement may be submitted to one of the aforementioned individuals.
Definitions
Baseless Allegations
Allegations made with reckless disregard for their truth or falsity.  Individuals making such allegations may be subject to disciplinary action by Flenniken Public Library, and/or legal claims by individuals accused of such conduct.
Fraudulent or Dishonest Conduct
A deliberate act or failure to act with the intention of obtaining an unauthorized benefit.  Examples of such conduct include:

• Forgery or alteration of documents.
• Unauthorized use or manipulation of computer files.
• Fraudulent financial reporting.
• Pursuit of a benefit or advantage in violation of Flenniken Public Library’s Conflict of Interest Policy [see library’s By-laws].
• Misappropriation or misuse of Flenniken Public Library’s resources, such as funds, supplies, or other assets.
• Authorizing or receiving compensation for goods not received or services not performed.
• Authorizing or receiving compensation for hours not worked.

Whistleblower
An employee, consultant, or volunteer who informs the Assistant Director, Director, or Chairperson of the Board of Directors about an activity relating to Flenniken Public Library that person believes to be fraudulent or dishonest.
Rights and Responsibilities
Assistant Director, Director, Chairperson of the Board of Directors [hereinafter referred to as supervisors]
Supervisors are required to report suspected fraudulent or dishonest conduct.  The Assistant Director is the Flenniken Public Library’s designated whistleblower’s reporting employee.   Reasonable care should be taken in dealing with suspected misconduct to avoid:

• Baseless allegations.
• Premature notice to persons suspected of misconduct and/or disclosure or suspected misconduct to others not involved with the investigation.
• Violations of a person’s rights under law.

Due to the important yet sensitive nature of the suspected violations, effective professional follow-up is critical.  The Assistant Director, while appropriately concerned about “getting to the bottom” of such issues, should not in any circumstances perform any investigative or follow-up step on his or her own.  Accordingly, the Assistant Director who becomes aware of suspected misconduct:

• Should not contact the person suspected to further investigate the matter or demand restitution.
• Should not discuss the case with attorneys, the media, or anyone else other than the Library Director or the Chairperson of the Board of Directors.
• Should not report the case to an authorized law enforcement officer without first discussing the case with the Library Director or the Chairperson of the Board of Directors.

Investigation
All relevant matters, including suspected but unproved matters, will be reviewed and analyzed, with documentation of the receipt, retention, investigation, and treatment of the complaint.  Appropriate corrective action will be taken, if necessary, and findings will be communicated to the reporting person.  Investigations many warrant investigations by independent persons such as auditors and/or attorneys.
Whistleblower Protection
Flenniken Public Library will protect whistleblowers as defined below:

• Flenniken Public Library will use its best efforts to protect whistleblowers against retaliation.  Whistleblowing complaints will be handled with sensitivity, discretion, and confidentiality to the extent allowed by the circumstances and the law.   Generally, this means that whistleblower complaints will only be shared with those who have a need to know so that Flenniken Public Library can conduct an effective investigation, determine what action to take based on the results any such investigation, determine what action to take based on the results of any such investigation, and in appropriate cases, with law enforcement personnel.  (Should disciplinary or legal action be taken against a person or persons as a result of a whistleblower complaint, such persons may also have the right to know the identity of the whistleblower.)
• Employees, consultants, and volunteers of the Flenniken Public Library may not retaliate against a whistleblower for informing management about an activity which that person believes to be fraudulent or dishonest with the intent or effect of adversely affecting the terms or conditions or the whistleblower’s employment, including, but not limited to, treats of physical harm, loss of job, punitive work assignments, or impact on salary or fees.  Whistleblowers who believe that they have been retaliated against may file a written complaint with the Library Director or the Chairperson of the Board of Directors.  Any complaint of retaliation will be promptly investigated and appropriate corrective measures taken if allegations or retaliation are substantiated.  This protection from retaliation is not intended to prohibit supervisors from taking action, including disciplinary action, in the usual scope of their duties and based on valid performance-related factors.
• Whistleblowers must be cautious to avoid baseless allegations (as described earlier in the definitions section of this policy).

Excerpted and adapted from The Nonprofit Policy Sampler, Second Edition, by Barbara Lawrence and Outi Flynn, a publication of BoardSource, formerly the National Center for Nonprofit Boards, 2006.