Whistleblowers Get Some Protection at Vancouver City Hall

Any day ethical resisters (aka whistleblowers) are offered amnesty for doing the right thing is a great day. Too often moral, concerned employees who speak up about possible malfeasance or other potential misdeeds, or even criminal acts are targeted, bullied and harassed by employers, sometimes right out of the workplace. It’s time for the grownups to admit that this happens a lot more than any of us want to
admit. It just gives me hives thinking about how we all talk about bullying at school and amongst young people, yet adults can be even more brutal and sometimes downright psychologically abusive to each other at work.

Or, just as with children, there are all the adult bystanders who know bullying is happening, but turn a blind eye, just happy it’s not them that is being targeted. Or there are those who actually collude with the employer against co-workers. Those ones are an especially nasty bunch, because they are usually doing this to benefit themselves and their career. And as many of us will know, there are some organizations where these kind of tactics are successful and people receive benefits and promotions.

Well drafted Whistleblower legislation should also clearly outline the penalties to those who might engage in bullying and harassment of workers who are suspected, or known to have brought information forward. There should be thorough investigations of allegations internally and by any other organizations that need to be involved. It isn't enough for the City to say "may report the matter to appropriate police agency" (Section 6.3 - Criminal Activity and Other Illegal Conduct). Although, there are interesting implications to that, as Vancouver City Police fall under the jurisdiction of the municipal government. It would be preferable for an outside police agency, complete any criminal investigation. I also agree there should be some clear language about those who would use these policies for vexacious, or malicious reasons against supervisors, managers, or other employees, including elected officials. But there should also be very clear language and penalties laid out for retaliation against employees who report in good faith (which will be the majority). As Faoro mentions, it's a starting point, the details will be hammered out for years now. I like how the report to Vancouver City council outlines best practices in whistleblowing policies in the corporate environment:

1. reporting of serious misconduct
2. investigation of reports of serious misconduct
3. whistleblower protection for employees reporting serious misconduct

It's interesting that within the business community, some businesses are actually taking a strong leadership role in embracing the idea of introducing whistleblowing as part of their organizational culture. Some companies are hiring outside contractors to set up whistleblower lines. To me that is an example of real leadership & a commitment to corporate and social responsibility.

Now what would be nice is if the BC Liberals, in their zeal to push through a bunch of bills before the end of this sitting, would pass Bill M233- Whistleblowers Protection Act for workers in the BC public service.
I’m quite sure it won’t make it there is WAY too much at stake there. Open amnesty for BC government workers, why there would be LOTS of skeletons falling out of closets there. It doesn’t really matter though, the rocks are being lifted up anyways and people are wising up to what this government is all about.
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Vancouver whistleblowers get some protection
Last Updated: Friday, May 16, 2008 | 10:16 AM ET
CBC News

The City of Vancouver has responded to the demands of civic workers with a policy designed to let them report perceived misconduct without fear of retaliation.
The new whistleblower policy settles an issue that figured prominently in last summer's strike by civic workers.

Paul Faoro, president of Local 15 of the Canadian Union of Public Employees, said the union had been calling for such a policy for years. And while the new process isn't perfect, Faoro said Thursday, it's a start.

"It's a step in the right direction. It's certainly a work in progress, but I think it gives our members some protection if, in fact, they see a wrongdoing. They can feel safe that they can report it without being retaliated [against] by their manager."

City councillor Raymond Louie said the process is still not without risk.
If an allegation is "not proven out or they [complainants] can't prove it fully, then they themselves are in trouble," Louie said. "That's something we should think carefully about."

Louie said that while there is a need to prevent frivolous claims, workers who believe something wrong is going on should not fear coming forward simply because they don't have all of the information.

Faoro said he will ask for changes to the policy if a complainant is harassed.
Council will review the policy in a year.
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Administrative Report: Whistleblowing Policy.
Standing Committee on Planning & Environment
Vancouver City Council, May 15th, 2008

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Hansard. Official report of the Debates of the Legislative Assembly.
TUESDAY, NOVEMBER 27, 2007. Afternoon Sitting, Volume 25, Number 7.

Introduction and
First Reading of Bills
WHISTLEBLOWERS PROTECTION ACT, 2007 - Bill M233

S. Simpson presented a bill entitled Whistleblowers Protection Act, 2007.
S. Simpson: I move a bill entitled the Whistleblowers Protection Act, 2007, and ask that it be introduced and read for a first time now.
Motion approved.
[1335]
S. Simpson: The Whistleblowers Protection Act, 2007, will facilitate the disclosure and investigation of significant and serious matters in or relating to the public service that are potentially unlawful, dangerous or injurious to the public or that demonstrate a gross mismanagement of public funds or assets or an impact on the environment. The bill will protect those persons who disclose that information from retribution.
The bill calls for a structure to be created within each ministry to facilitate those disclosures and requires an annual public reporting of all issues raised under the legislation. It empowers the Ombudsman to both provide oversight to this legislation and be a source for disclosures of complaints under the act as well. Further, the bill lays out a process to protect against malicious complaints that are not founded.
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News Release from Shane Simpson, who brought this bill forward:

“Far too often we hear about government decisions and conduct that is not in the public interest,” said Simpson, MLA for Vancouver-Hastings. “But British Columbia does not have any legislation on the books to protect public service workers, who may have information about government wrongdoing.

“Our dedicated and professional public service should be empowered to come forward with this critical information without fear of retribution from their employer,” said Simpson.

The Whistle Blower Protection Act provides both government workers and service providers the protection they need to report irregularities in government operations without fear of discipline or job loss.