Anchorage Whistleblower Act

​AMC 3.75.010 - 3.75.070

Chapter 3.75 - PROTECTION FOR WHISTLEBLOWERS^[075_1]

modified
Footnotes:
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Cross reference— Personnel rules, ch. 3.30; equal rights, tit. 5; purchasing and contracts and professional services, tit. 7; utilities, tit. 26; schools, tit. 29.
State Law reference—Whistleblowers, AS 39.90.100—39.90.150.

3.75.010 - Purpose of chapter.

The purpose of this chapter is to encourage reporting of matters of public concern by providing protection for certain public employees and certain other persons who report or participate in a proceeding connected with a matter of public concern.

(AO No. 89-61(S-1))

3.75.020 - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Employee means a person within the definition of the term "employee" in section 3.75.005 or subject to a municipal collective bargaining agreement entered into pursuant to chapter 3.70 and, for the purposes of this chapter only, also includes a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for the municipality. Such term in this chapter includes public officials of the municipality.

Matter of public concern means:

1. A violation of federal, state or municipal law, regulations or ordinance;
2. A danger to public health or safety;
3. Gross mismanagement, a substantial waste of funds, or clear abuse of authority; or
4. A matter accepted for investigation by the office of the ombudsman under section 2.60.110.

Municipality and municipal mean the Municipality of Anchorage, including a public or quasipublic corporation, authority or entity established by law by the municipality, including the school district.

Public body includes an officer or agency of:

1. 1. The federal government;
2. 2. The state; or
3. 3.  The municipality.

(AO No. 89-61(S-1); AO No. 93-128, §7, 8-24-93; AO No. 2015-23(S), §15, 3-24-15)

Cross reference— Definitions and rules of construction generally, §1.05.020.

3.75.030 - Prohibited actions by municipality.

1. The municipality may not discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because:
   1. The employee, or person acting on behalf of the employee, reports to a public body or public official on a matter of public concern; or
   2. The employee participates in a court action, an investigation, a hearing or an inquiry held by a public body on a matter of public concern.
2. The municipality may not disqualify an employee or other person who reports a matter of public concern or participates in a proceeding connected with a matter of public concern before a public body or court, because of the report or participation, from eligibility to:
   1. Bid on contracts with the municipality;
   Receive property under a law of the state or ordinance of the municipality; or Receive other right, privilege or benefit.
3. The provisions of this chapter do not:
   1. Require the municipality to compensate an employee for participation in a court action or in an investigation, hearing or inquiry by a public body;
   2. Prohibit the municipality from compensating an employee for participating in a court action or in an investigation, hearing or inquiry by a public body;
   3. Authorize the disclosure of information that is legally required to be kept confidential; or
   4. Diminish or impair the rights of an employee under a collective bargaining agreement.
4. The municipality shall post notices and use other appropriate means to inform employees of their protections and obligations under sections 3.75.010 through 3.75.070. The Director of Employee Relations shall ensure that each new municipal employee within seven days of hire, receives a copy of a handout explaining the First Amendment rights of municipal employees.

(AO No. 89-61(S-1); AO No. 99-146, §1, 12-14-99)

State Law reference— Similar provisions, AS 39.90.100.

3.75.040 - Limitations to protections.

1. A person is not entitled to the protections under this chapter unless the person:
   1. Reasonably believes that the information reported is a matter of public concern; and
   2. Reports the information in good faith.
2. A person is entitled to the protections under this chapter if the matter of public concern:
   1. 1. Is not the result of conduct by the person seeking protection; or
   2. Is the result of conduct by the person that was required by the municipality.
3. An employee initiating a report on a matter of public concern under this chapter shall first submit a written report concerning the matter to his immediate supervisor. However, the employee is not required to submit a report if the employee:
   1. Reasonably believes that reports to the immediate supervisor will not result in prompt action to remedy the matter of public concern;
   2. Believes with reasonable certainty that the activity, policy or practice is already known to one or more supervisors;
   3. Reasonably believes an emergency exists; or
   4. Reasonably fears reprisal or discrimination as a result of disclosure.

(AO No. 89-61(S-1))

State Law reference—Similar provisions, AS 39.90.110.

3.75.050 - Relief and penalties.

1. A person who alleges a violation of section 3.75.030 may bring civil action and the court may grant appropriate relief, including punitive damages. An award of punitive damages shall not exceed three times the amount of the compensatory damage award.
2. A person who violates or attempts to violate section 3.75.030 is also liable for a civil fine of not more than $10,000.00. The municipal attorney may enforce this subsection.
3. A person who attempts to prevent another person from making a report or participating in a matter under section 3.75.030 with the intent to impede or prevent public inquiry on the matter is liable for a civil fine of not more than $10,000.00.

(AO No. 89-61(S-1))

State Law reference— Similar provisions, AS 39.90.120; exemption of certain municipalities from Whistleblower's Act, AS 39.90.130.

3.75.060 - Relationship of chapter to other laws.

A. The protections and penalties provided in this chapter are in addition to other rights, obligations and protections afforded employees. Nothing in this chapter is intended to repeal, or is to be construed as repealing, any other provisions of any other law or ordinance.

(AO No. 89-61(S-1); AO No. 91-173(S); AO No. 99-146, §2, 12-14-99)

3.75.070 - Short title of chapter.

Sections 3.75.010 through 3.75.070 may be cited as the Anchorage Whistleblower Act.

(AO No. 89-61(S-1))

 ​Anchorage Municipal Code
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