On August 10, 2010, the Heartland AEA Board of Directors adopted Board Policy 419, Disclosure of Wrongful Conduct (Whistleblower Policy). The new policy identifies expectations of Heartland’s Chief Administrator, directors and staff members to conduct themselves in an honorable manner, follow all agency policies and regulations as well as applicable state and federal laws. The policy outlines “wrongful conduct” and the process that staff members can use to report wrongful conduct. This policy is included below and is also accessible under the Board tab on the Intranet. If you have any questions about this policy, please contact Nola Bond, Director of Human Resources at nbond@aea11.k12.ia.us or ext. 14318.
Policy Title: Disclosure of Wrongful Conduct (Whistleblower Policy)
Code No. 419
The Board of Directors expects its Chief Administrator, directors, and employees of the Agency to fulfill the public’s trust and to conduct themselves in an honorable manner, abiding by all Heartland Area Education Agency 11 policies and regulations and by all applicable state and federal laws and regulations.
When employees know or have reasonable cause to believe that serious instances of wrongful conduct (e.g., mismanagement of agency resources, violations of law and/or abuse of authority) have occurred, they should report such wrongful conduct to the Board President or one of the Agency’s designated compliance officers.
For purposes of this policy, the term “wrongful conduct” shall be defined to include:
• Theft of agency money, property, or resources
• Misuse of authority for personal gain or other non-agency purpose
• Fraud
• Violation of the Iowa Board of Education Examiners Code of Professional Conduct and Ethics, 282-25
• Violations of applicable federal and state laws and regulations
• Serious violations of agency policy, regulation, and /or procedure
Disclosure and Investigation
Employees who know or have reasonable cause to believe that wrongful conduct has occurred shall report such mismanagement, fraud or abuse to the Board President or one of the Agency’s designated compliance officers. The Agency’s Chief Administrator and the Director of Human Resources have been designated as compliance officers for the purpose of this policy. The Board President or one of the designated compliance officers shall take immediate steps to conduct an investigation upon receiving a report of alleged wrongful conduct.
If an investigation substantiates occurrence of wrongful conduct, the investigating compliance officer shall issue a report to the appropriate personnel. Final disposition of the matter and any decision to file a criminal complaint or refer the matter to the appropriate law enforcement and/or regulatory agency for independent investigation shall be made in consultation with legal counsel. Results of the investigation shall not be disclosed to or discussed with anyone other than those individuals with a legitimate need to know.
Confidentiality
Except as otherwise provided in state and/or federal law, the Board President, Chief Administrator or Director of Human Resources shall make reasonable attempts to protect the identity of the employee making the disclosure in a confidential manner, as long as doing so does not interfere with conducting an investigation of the specific allegations or taking corrective action.
Retaliation
Retaliation in any form against someone who exercises his or her right to make a complaint under this policy or against any individual who provides information to any such complaints is strictly prohibited and will in itself constitute cause for appropriate disciplinary action. Persons accused of wrongful conduct are warned that any form of retaliation taken against a person submitting a good faith concern or complaint or participating in good faith in the investigation of a complaint will be grounds for disciplinary action, up to and including termination of employment.
Notice
The board shall ensure that notices are posted conspicuously in each Agency Regional office, informing employees of their right and duty to report any act of wrongful conduct.
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