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Whistleblower law

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stevegeddes

New member
Kansas

Good morning. I am writing, not for legal advice but to get your opinion/guidance as to what direction I need to look at for my situation. On October 8th of this year, I was in my mind wrongfully terminated. I have retained an attorney and we are currently negotiating with my former employer but a thought has came up that I wanted to see if you felt had any merit. I will next give a brief background on my situation. I worked for governmental entity, a subdivision of State/Local government, for over 33 years. During my 33 year career, I was never written up, disciplined or suspended due to inefficient or unsatisfactory work performance. On October 8th of this year I was terminated. The reason given was that I had splintered the relationship between the employer and the governing bodies (School Board) due to my unreasonable opposition to a request for a re-audit of the financial records and audits by the School Board. I have retained an attorney to review the above situation as well as wrongful termination due to retaliation. This stems from the fact that my daughter filed a Kansas Human Rights Commission complaint against my employer in early 2018 for failure by the employer to investigate a sexual harassment incident she had reported to them and the employer stated that they blamed me for her filing of the complaint. In fact, one employer Board member stated to me and the City Administrator that I had better get my daughter to drop her KHRC complaint or I would be fired. Additionally, after I was terminated the same employer Board member that made the above comment to myself and the City Administrator, stated to a current employee that he had been wanting to fire me since February when my daughter filed her KHRC complaint but couldn't get 2 other Board members to agree with termination but now he had support. But this is not why I am writing or the area that I would like your opinion/guidance. Since my termination, Ive had adequate time to reflect on the circumstances surrounding it. To make a long story short, I feel that since I was officially terminated due to a splintered relationship between the employer and the governing bodies the School Board, I feel that the Whistleblower Protection Act may be appropriate in my situation. In August of this year, the School Board made a motion to have a 5 year re-audit of our financial records and audits conducted, without reasoning or merit. The day after the School Board meeting that the request was made, I contacted the Executive Director of the Kansas Recreation Park Association, two well respected colleagues in the recreation industry, the City Administrator and our long standing Auditor. All indicated that the School Board did not have the authority or right to request such an audit and ALL recommended seeking legal council. BUT, I did not proceed or seek legal council until DIRECTED TO DO SO BY THE RECREATION COMMISSION BOARD PRESIDENT. Page 2 Why do I feel that the Whistleblower Protection Act could be considered? It states that the law protects whistleblowers who work for the government, that report possible violations of law, rules, regulation or mismanagement, gross waste of funds, abuse of authority, etc I contend that 1 the Valley Center School Board and their mandate to their two employer Board representatives violates 1 abuse of authority but more importantly 2 gross waste of funds. In 1, the Attorney that the employer hired to review the State Statues and determine whether the School Board had the legal authority to require their request, discussed his findings with the School Board Attorney. In response to being advised that the School Board DID NOT have the statue authority to require such a request, the School Board attorney stated that this was just the School Board flexing their muscles. Concerning 2, it was pointed out by numerous individuals that the RE-AUDIT of our financial records and audits would come at an astronomical and unnecessary cost to the tax payers I believe that this would satisfy the section in the Whistleblower Protection Act of gross waste of funds since the financial records of the employer have already been audited. Additionally, I believe that the request by the School Board and consideration of said request by the employer Board constitutes gross mismanagement. And finally, contact with an attorney was at the direction of my immediate supervisor so in my opinion I did not splinter the relationship with the School Board, the DIRECTIVE from the employer Board President, to seek legal council did. All I was doing was FOLLOWING A DIRECTIVE by my supervisor. If you feel that I in fact have a legitimate claim to a possible Whistleblower Protection Act violation, please advise.
 


Taxing Matters

Overtaxed Member
Kansas
If you feel that I in fact have a legitimate claim to a possible Whistleblower Protection Act violation, please advise.
The federal Whistleblower's Protection Act of 1989, along with amendments to that Act and related laws only protect federal employees. The federal government also has laws that protect all employees (government and private company employees) who report certain violations of federal laws committed by their employers to the appropriate federal agency. Kansas has its own Whistleblower Act, but that only protects state government employees, not employees of local agencies. As a result, I'm not seeing any whistleblower law that helps you. Also, your post is not clear on what your act of whistleblowing was. You do not appear to have reported some violation of law by your employer to some federal, state, or local agency charged with enforcing the law that was violated. Rather, you seem to have simply resisted the school board's request for the audit that it wanted to do. That is not whistleblowing.

A tip for future posts: don't put your entire post, or large chunks of it, all in italics. It makes it a lot harder to read. Also, breaking up longer posts into reasonably short paragraphs is a big help too. You'll find more people will read your posts if you make them easy to read.
 

stevegeddes

New member
I apologize for the long winded and confusing post-my first time. The organization that I worked for is, by statues, a sub-division of State and Local government. So this should meet the Kansas requirement. What I was trying to point out was this:
I was reporting possible violations of law, rules, regulation or mismanagement, gross waste of funds, abuse of authority, etc… I contend that (1) the our School Board and their mandate to their two Recreation Commission Board representatives violates (1) abuse of authority but more importantly (2) gross waste of funds. In #1, the Attorney that the Recreation Commission hired to review the State Statues and determine whether the School Board had the legal authority to require their request, discussed his findings with the School Board Attorney. In response to being advised that the School Board DID NOT have the statue authority to require such a request, the School Board attorney stated that this was just the School Board flexing their muscle. Concerning #2, it was pointed out by numerous individuals that the RE-AUDIT of our financial records and audits would come at an astronomical and unnecessary cost to the tax payers and thereby constitutes a gross waste of funds since the financial records of the Recreation Commission have already been audited. Additionally, I believe that the request by the our School Board and consideration of said request by the Recreation Commission Board constitutes gross mismanagement. I believe that once I contacted the Attorney on behalf of the orgranization I worked for, this was essentially reporting possible violations listed above by our School Board, who in turn directed their two representatives on the organizations board to terminate me due to a splintered relationship. And finally, contact with an attorney was at the direction of my immediate supervisor so in my opinion I did not splinter the relationship with the School Board, the DIRECTIVE from the Board President, to seek legal council did. All I was doing was FOLLOWING A DIRECTIVE by my supervisor.
 

Zigner

Senior Member, Non-Attorney
I am writing, not for legal advice...
I have retained an attorney ...
Well, you're not here for legal advice (which is the purpose of this forum), and you have retained an attorney. There is nothing any of us can do for you. Ask your attorney your questions.
 

Shadowbunny

Queen of the Not-Rights
Steve, if you used your real name as your user name, I have a feeling your attorney would NOT like you putting this on the internet for all to see.
 

Just Blue

Senior Member
Steve, if you used your real name as your user name, I have a feeling your attorney would NOT like you putting this on the internet for all to see.
OP had put up a thread briefly before this one. I p.m. him to change the user-name and edit out all the i.d. ing info. Apparently he didn't listen.
 

Shadowbunny

Queen of the Not-Rights
OP had put up a thread briefly before this one. I p.m. him to change the user-name and edit out all the i.d. ing info. Apparently he didn't listen.
I didn't even think of sending a PM.... would have been the better choice. But alas.... I have a feeling that Steve from Valley Center, KS doesn't care.
 

Just Blue

Senior Member
I didn't even think of sending a PM.... would have been the better choice. But alas.... I have a feeling that Steve from Valley Center, KS doesn't care.
Perhaps he will care when his attorney see's this thread and wants to withdraw from the case. :(

Hey @stevegeddes /...Are you getting the big fat hint we are tossing your way?
 

quincy

Senior Member
One note to Steve: The word is "statute" not "statue."

I mention this only because you made this error several times.

I agree with Shadowbunny and Just Blue that you can harm any case you might have by posting detailed personal identifying information on a public forum. What you write can be used against you. Your attorney is unlikely to be pleased.
 

Taxing Matters

Overtaxed Member
Well, you're not here for legal advice (which is the purpose of this forum), and you have retained an attorney. There is nothing any of us can do for you. Ask your attorney your questions.
This board is not for legal advice. "The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues." (See the "Important Notice" at the bottom of nearly every page here.) We share general legal information that may be useful to people posting here and sometimes nonlegal advice, the most common of which is to see an attorney. IMO it would be misleading for the site to claim to provide legal advice; only attorneys licensed in the OP's state may dispense legal advice to the OP.
 

Zigner

Senior Member, Non-Attorney
This board is not for legal advice. "The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues." (See the "Important Notice" at the bottom of nearly every page here.) We share general legal information that may be useful to people posting here and sometimes nonlegal advice, the most common of which is to see an attorney. IMO it would be misleading for the site to claim to provide legal advice; only attorneys licensed in the OP's state may dispense legal advice to the OP.
Yes, I agree. We don't provide "legal advice", but we do provide advice about legal matters.

With that said, our OP is represented. WE shouldn't be saying anything beyond "talk to your attorney."
 

Taxing Matters

Overtaxed Member
I apologize for the long winded and confusing post-my first time. The organization that I worked for is, by statues, a sub-division of State and Local government. So this should meet the Kansas requirement. What I was trying to point out was this:
I was reporting possible violations of law, rules, regulation or mismanagement, gross waste of funds, abuse of authority, etc…
You apparently have in mind the federal whistleblower law, which applies only to federal employees. The state law is not so broad. What the state law prohibits is the following:

(c) No supervisor or appointing authority of any state agency shall prohibit any employee of the state agency from discussing the operations of the state agency or other matters of public concern, including matters relating to the public health, safety and welfare either specifically or generally, with any member of the legislature or any auditing agency.
(d) No supervisor or appointing authority of any state agency shall:
(1) Prohibit any employee of the state agency from reporting any violation of state or federal law or rules and regulations to any person, agency or organization; or
(2) require any such employee to give notice to the supervisor or appointing authority prior to making any such report.

Kansas § K.S.A. 75-2973. As you can see, the law prohibits a state government employer employer from prohibiting an employee from reporting actual violations of the law to the reponsible federal or state agency. It does not anywhere address reporting waste of funds or "abuse of authority", other than as a "matter of concern" reported directly to the legislature or an auditing agency. I see nowhere that you indicate you reported to a federal or state agency an actual violation of the law by the board. Nor do I see you reporting anything to the state legislature or an auditing agency.

The board seeking an audit that you contend the board has no authority to require is not a violation of the law. It can always ask for the audit. If it lacks the power for force the audit, then if your agency refuses the board simply doesn't get to have the audit done. This is why I said earlier that you seem to not have reported any violation of the law to the appropriate enforcing agency. That's what the state whisteblower law protects. It is not as broad as the federal law that does address waste of funds, etc.

All I was doing was FOLLOWING A DIRECTIVE by my supervisor.
That might get you some other protection under the applicable civil service rules; but doing that is not a whistleblower act.
 
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Taxing Matters

Overtaxed Member
With that said, our OP is represented. WE shouldn't be saying anything beyond "talk to your attorney."
I agree we shouldn't provide him/her legal advice. Telling the OP generally what the whistleblower laws cover, however, I think is helpful for the OP so he or she can understand what the laws say when discussing with the attorney whether anything he or she did might be protected under the state act. So far I see nothing that suggests anything he/she did was covered by the Kansas Whistleblower Act, but then the OP has only give a very general description of what he/she did, and as is usually the case the devil is in the details.
 
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