§ 602.506. Employees and Persons Protected.

(1)

This Part protects employees and persons designated official whistleblower pursuant to Section 602.505(1), Ordinance Code, who disclose information on their own initiative in a written and signed complaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by the City, or by any state agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act; who refuse to participate in any adverse action prohibited by this Part; or who are otherwise protected by the State Whistleblower's Act. The provisions of this Part may not be used by employees while they are under the care, custody, or control of the state or county correctional system, or after their release from the care, custody or control of the state or county correctional system, with respect to circumstances that occurred during any period of incarceration.

(2)

No remedy or other protection under this Part applies to any person who has committed or intentionally participated in committing a violation or suspected violation for which protection under this Part is being sought.

(3)

It shall be an affirmative defense to any complaint brought pursuant to this Part that the adverse personnel action was predicated upon grounds other than, and would have been taken absent, the employee's exercise of rights protected by this Part.

(Ord. 2013-287-E, § 1)