WHISTLEBLOWER COMPLAINT AND INVESTIGATION PROCEDURES | Administrative Procedures

3211 - WHISTLEBLOWER COMPLAINT AND INVESTIGATION PROCEDURES

is intended to prevent agencies, or independent contractors of agencies, from taking retaliatory action against an employee who reports violations of law on the part of a public employer or an independent contractor. It protects The Whistleblower's Act, contained in F.S. 112.3187-112.31895, any individual "who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee" or “any violation or suspected violation of any Federal, State, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public’s health, safety, or welfare.”

To qualify for whistleblower protection, particular information must be disclosed to certain statutorily designated officials. The Whistleblower’s Act provides that for disclosures concerning a local governmental entity, such as a county or a school district, the information must be disclosed to a chief executive officer as defined in F.S. 447.203(9) or "other appropriate local official." The Board’s Policy 3211 Whistleblower Protection governs this process.

Filing an Initial Complaint. If an individual believes that s/he may have information that falls under the referenced Florida statutes, s/he may have a whistleblower complaint. To file an initial complaint, s/he may:
1. Send an email to the Office of Legal Services at gibbs.paul@brevardschools.org with the detailed concerns, any supporting documentation, and a specific reference to the portions of F.S. 112.3187(5) (cited below) that have been alleged to have been violated; or
2. Send an e-mail to whistleblowercomplaint@brevardschools.org with the detailed concerns, any supporting documentation, and a specific reference to the portions of F.S. 112.3187(5)(cited below) that have been alleged to have been violated; or
3. Send via U.S. Mail or other mail delivery method or drop off at the Educational Services Facilities (ESF) the detailed concerns, any supporting documentation, and a specific reference to the portions of F.S. 112.3187(5) (cited below) that have been alleged to have been violated to the Office of Legal Services, 2700 Judge Fran Jamieson Way, Viera, Florida 32940, Attention: Paul Gibbs, School Board Attorney; or
4. Call the Office of Legal Services at (321) 633-1000 ext. 11438 or call the Whistleblower Hotline at (321) 633-1000 ext. 11585 to file an initial over the phone. Note that Policy 3211 Whistleblower Protection requires the detailed concerns to be reduced to writing. Those detailed concerns, any supporting documentation, and a specific reference to the portions of F.S. 112.3187(5) (cited below) that have been alleged to have been violated shall be provided to the Office of Legal Services.
5. If the conduct involves the School Board Attorney, the individual shall report the detailed concerns, any supporting documentation, and a specific reference to the portions of F.S. 112.3187(5) (cited below) that have been alleged to have been violated to the Board Chair via email, via U.S. Mail, or by calling School Board Services at (321) 633-1000 ext. 11412. Note that Policy 3211 Whistleblower Protection requires the detailed concerns to be reduced to writing. The Board Chair may engage outside counsel to conduct the investigation concerning the alleged misconduct.
Investigation of Initial Complaint. When a complaint is made, the District official receiving the information, currently the School Board Attorney, shall have twenty (20) days in which to determine whether it is the type of information described in the Whistleblower’s Act. In doing so, the District official may take the following into consideration:
1. Whether the complaint contains allegations conforming to F.S. 112.3187(5)(a) and (b), alleging:
  1. “Any violation or suspected violation of any Federal, State, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare.” See F.S. 112.3187(5)(a).
  2. “Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of an agency or independent contractor." See F.S. 112.3187(5)(b).
2. Whether the source of the information is a person within the scope of the Act, to wit:
  1. an employee of the District or
  2. an agent of the District or
  3. an independent contractor who has entered into a contract with the District
3. Whether the information demonstrates reasonable cause to suspect a violation of the law.
Proceeding with the Investigation.
1. If the answer to all three (3) questions contained in section B above is yes, then, the District official making the determination shall facilitate an investigation and involve the assistance of any relevant department and/or outside source. The requirement to investigate is phrased in mandatory terms and nothing in the Whistleblower's Act would terminate this duty in response to a request from the complainant.
2. If the answer to any of the three (3) questions is no, or there is not enough information in the complaint to make a determination, and the complaint relates to the conduct of a District employee, then the District official shall refer the matter to Labor Relations. The District official shall also make contact with the appropriate supervisor (i.e. school principal, assistant superintendent, etc.), as appropriate, to relay the information contained in the initial complaint.
3. If the answer to any of the three (3) questions is no, or there is not enough information in the complaint to make a determination, but the complaint is not related to the conduct of a District employee, then the District official shall refer the matter to the appropriate department overseeing the conduct which is the subject of the complaint.
Confidentiality. The name or identity of the individual disclosing information related to a whistleblower complaint is confidential. F.S. 112.3188(2)(b) provides confidentiality for those records relating to the District’s active investigation of a whistleblower complaint and is not limited to those records received as part of an active investigation of a complaint of retaliation. However, while the name or identity of the individual disclosing this information is confidential, the initial report of wrongdoing received by the District is a public record, since that information was received before an investigation commenced. Once the investigation is closed, the documents become public record in accordance with F.S. Chapter 119.
Notification to School Board and Superintendent; Records. The District official shall notify the School Board and the Superintendent in writing that a complaint has been received and the nature of such complaint. The District official shall maintain a record of all complaints made or purportedly made under the Whistleblower’s Act.

Revised 2/11/20