Frequently asked questions
- Who can file a whistleblower complaint?
- Are whistleblower complaints confidential?
- Who does the Whistleblower program investigate?
- Who can't the Whistleblower program investigate?
- Where else can I file a complaint?
- Does the Whistleblower program refer complaints to other investigative units?
- What does the Whistleblower program investigate?
- What are some examples of waste, fraud, abuse, or mismanagement the Whistleblower program has investigated?
- Why won't the Whistleblower program investigate my complaint?
- Can I report a concern anonymously?
- What should I include in my complaint?
- What happens after I file a complaint?
Who can file a whistleblower complaint?
- County Employees, officers, or officials
- Anyone who has knowledge of alleged wrongdoing by the County. This includes, County residents, contractors, job applicants, and individuals working with, or obtaining services from, the County.
Are whistleblower complaints confidential?
It is the intent of the County to keep the identity of the complainant/reporter and other investigatory information confidential to the greatest extent permitted by law and to the extent possible in carrying out the investigation and subsequent corrective actions.
Who does the Whistleblower program investigate?
County officers and employees, departments, agencies, and contractors.
Who can't the Whistleblower program investigate?
- Members of the public.
- State and Federal government agencies or employees.
- Local government agencies or employees that are independent of the County of Santa Clara e.g., cities, and independent special districts (including school districts, and water districts).
- Courts and Judges.
- Private entities such as businesses and non-profits that are unconnected to the County.
- Landlords or tenants involved in a private dispute.
Where else can I file a complaint?
Non-Equal Opportunity Division Complaint Channels
Does the Whistleblower program refer complaints to other investigative units?
- Whenever possible the Whistleblower Program will provide reporters/complainants with information about more direct means by which they can seek to resolve their complaint or file their complaint with a specific program designed to receive such complaints.
- We do not guarantee that the agency or department that a complaint is referred to will investigate the complaint. Nor do we offer legal advice. Information offered by the Whistleblower Program is offered as a courtesy to assist members of the public with their own research.
- If you do not provide a way for us to contact you, and the complaint falls outside our scope to investigate or does not provide sufficient information to start an investigation, it will be closed.
What does the Whistleblower program investigate?
Allegations of improper governmental activity by County officers and employees, including waste, fraud, abuse, or mismanagement.
What are some examples of waste, fraud, abuse, or mismanagement the Whistleblower program has investigated?
- Personal use of County materials or equipment
- Working in a non-County position while getting paid by the County for the same hours
- Improper reporting of time
- Being under the influence of alcohol or drugs during work hours
- Altering/falsifying records or making false claims (e.g., travel claims, invoices, exception forms, timecards)
- Theft/embezzlement, including theft of time (e.g., claiming pay for time that wasn’t worked or not performing assigned work when on duty)
- Conflicts of interest and ethics violations by County officers or employees
- Misuse of authority (e.g., a supervisor asking staff to perform personal errands or tasks, a County employee asking a member of the public for a bribe or ‘gift’ in order to perform their duties, a County employee giving special treatment to a member of the public or an employee for past or future donations, etc.)
- Misuse of position for personal gain (e.g., discussing future employment with a firm doing business with the County while having contract oversight responsibilities with that firm)
- Mismanagement, such as circumventing County policies and procedures, failing to address or allowing improper behavior through inaction
- Intentional destruction or misuse of County resources
- Rigging or collusion in a hiring process
- Hiring process concerns (i.e. improper considerations or influence, improper elimination or passing of candidates)
- Receiving or giving kickbacks, bribes, or gratuities
- Disparate outcomes and inequities in employment actions that may be tied to familial ties or favoritism
- Falsification of certifications for employment
- Falsification of employment record or job application to qualify for a position
- Nepotism
- Hostile Environment or unharmonious environment (not based on a protected status) that a reasonable person would find problematic and rises to the level of severe or pervasive
- Retaliation against engaging in protected activity
- Violations of laws, regulations, rules, policies, and procedures
Why won't the Whistleblower program investigate my complaint?
- The Whistleblower Program evaluates complaints received, and independently determines if complaints warrant investigation by the Program. Some reasons why your complaint may not be investigated by the Whistleblower Program are: your complaint might be more appropriately investigated by another agency or department, your complaint has already been investigated/resolved, your complaint might be under investigation by another agency, your complaint might be the subject of litigation, your complaint may not be a violation of rules, regulations, or laws.
- If you alleged retaliation - the Whistleblower Program does not investigate all retaliation complaints, some allegations fall under the scope of the Equal Opportunity Department or other areas to investigate.
Can I report a concern anonymously?
- Yes, reports may be made anonymously. However, doing so may hinder the County’s ability to investigate and respond to the report. If you wish to remain anonymous, we recommend that you provide some way for the Whistleblower Program to contact you so that if additional information is needed to investigate your complaint we can reach you. The intake system used by the Whistleblower Program is managed by a third-party provider and allows for the use of a PIN associated with a complaint (rather than a name). File a whistleblower complaint.
- Confidentiality, even when complaints aren’t anonymous, is maintained for all Whistleblower investigations to the extent feasible.
What should I include in my complaint?
- The alleged wrongdoing or violation;
- The full name (first and last) of the individual or individuals involved in the alleged wrongdoing;
- The name of the supervisors/managers of the employees who are alleged to be violating policy;
- The full name of witnesses who have knowledge of the wrongdoing;
- The department the behavior is occurring in;
- If the employees named in the complaint work in different departments include that information as well;
- Has this has been reported previously and to who;
- When did the incident occur, approximate dates can be ok, but we may need specific dates for complaints alleging time abuse.
- Your name, if you don’t wish to provide your name a method of reaching out to you anonymously for more information would be helpful.
For example “Mary Smith didn’t report her time accurately, she used sick leave last week while she was on vacation in Hawaii, August 5 – August 10. Mary works in the Department of Employment and Benefit Services in SSA. Her manager is Susan Doe. Mary posted pictures of her vacation on Instagram (provide screenshots) her Instagram is public MarySmith. She also told colleagues about her vacation. Their names are John Doe, Karen Smith, and Ben Williams, they all work with Mary in the department of employment and benefit services. This was reported to her manager, Susan Doe, but nothing was done. Susan Doe reports to John Anderson. I want to remain anonymous, but you can call my cell at xxx-xxx-xxxx or email me at [email protected]”.
What happens after I file a complaint?
We will evaluate your complaint to determine if it warrants an investigation. If we launch an investigation in response to your complaint, we will perform the investigation confidentially. This means that we will not report to you or anyone else about the progress of the investigation. If we need additional information from you, we will contact you. You do have the right to ask for a status update, but, generally, the information provided is minimal e.g., investigation ongoing, investigation closed.