1. Complaint Determinations The Whistle-blower Act Enhancing Public Trust in Government

2. Overview Chief Inspector General Responsibilities Chief Inspector General Responsibilities Agency Inspectors General Responsibilities Agency Inspectors General Responsibilities Main sections of the Whistle-blower Statute Main sections of the Whistle-blower Statute Complaint Evaluation Protocols Complaint Evaluation Protocols Whistle-blower Process Flow Whistle-blower Process Flow

3. Overview Chief Inspector General Responsibilities Chief Inspector General Responsibilities

4. Florida Chief Inspector General Section 14.32, Florida Statutes (F.S.) created the Office of the Chief Inspector General (CIG) within the Executive Office of the Governor. Section 14.32, Florida Statutes (F.S.) created the Office of the Chief Inspector General (CIG) within the Executive Office of the Governor. Chief Inspector General Responsibilities Under section 14.32, F.S. (2), the CIG shall: Under section 14.32, F.S. (2), the CIG shall: (f) Coordinate the activities of the Whistle- blower’s Act pursuant to Chapter 112, F.S. and maintain the whistle-blower’s hotline. (f) Coordinate the activities of the Whistle- blower’s Act pursuant to Chapter 112, F.S. and maintain the whistle-blower’s hotline.

5. Florida Chief Inspector General Chief Inspector General Responsibilities Section 14.32, F.S. (i): The CIG shall act as liaison and monitor the activities of the inspectors general in the agencies under the Governor’s jurisdiction.

6. Overview Florida Chief Inspector General Responsibilities Florida Chief Inspector General Responsibilities Agency Inspectors General Responsibilities Agency Inspectors General Responsibilities Main Sections of the Whistle-blower’s Statute Main Sections of the Whistle-blower’s Statute Complaint Evaluation Protocols Complaint Evaluation Protocols Whistle-blower Process Flow Whistle-blower Process Flow

7. Inspectors General (IG) Act  The 1994 IG Act amended Section 20.055, F.S., which created an Inspector General in each State Agency.  Florida’s IG system mirrors the Federal model in many respects. Agency Inspectors General Responsibilities

8. IG Responsibilities Authorized under section 20.055, F.S., the Office of Inspector General (OIG) is established in each state agency to provide a central point for coordination of and responsibility for activities that promote accountability, integrity, and efficiency in government. Agency Inspectors General Responsibilities

9. (6) In carrying out the investigative duties and responsibilities, each inspector general shall… (a) Receive complaints and coordinate all activities of the agency as required by the Whistle-blower’s Act pursuant to Sections 112.3187 – 112.31895, F.S. IG Responsibilities under Section 20.055, F.S. Inspectors General Responsibilities

10. It is intent of the Legislature to prevent agencies or independent (agency) contractors from taking retaliatory action against an employee or independent contractor who reports violations of law which creates a substantial or specific danger to the public’s health, safety, or welfare. Sections 112.3187-112.31895, F.S. “Whistle-blower’s Act” Inspectors General Responsibilities

11. It is further the intent of the Legislature to prevent agencies or independent (agency) contractors from taking retaliatory action against any person who discloses information alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. Sections 112.3187-112.31895, F.S. “Whistle-blower’s Act” Inspectors General Responsibilities

12. Overview Florida Chief Inspector General Responsibilities Florida Chief Inspector General Responsibilities Agency Inspectors General Responsibilities Agency Inspectors General Responsibilities Main Sections of the Whistle-blower’s Statute Main Sections of the Whistle-blower’s Statute Complaint Evaluation Protocols Complaint Evaluation Protocols Whistle-blower Process Flow Whistle-blower Process Flow

13. 112.3187 Retaliation Protection 112.3187 Retaliation Protection 112.3188 Confidentiality 112.3188 Confidentiality 112.3189 Complaint Investigative procedures 112.3189 Complaint Investigative procedures 112.31895 Retaliation Investigative procedures 112.31895 Retaliation Investigative procedures Main Sections of the Whistle-blower Statute Main sections of the Whistle-blower statute

14. s. 112.3187, F.S., Retaliation Protection  Legislative Intent  Key definitions: employee; independent contractor; gross mismanagement  Actions prohibited  Nature of information disclosed  To whom information is disclosed  Employees and persons protected  Remedies  Relief, defenses and existing rights Main sections of the Whistle-blower statute

15. s. 112.3187(2), F.S., Legislative Intent To prevent agencies or independent contractors from taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public’s health, safety, or welfare. To prevent agencies or independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. Main sections of the Whistle-blower statute

16. s. 112.3187, F.S., Retaliation Protection  Legislative intent  Key Definitions: employee; independent contractor; gross mismanagement  Actions prohibited  Nature of information disclosed  To whom information is disclosed  Employees and persons protected  Remedies  Relief, defenses and existing rights Main sections of the Whistle-blower statute

17. Key Definitions “Employee” means a person who performs services for, and under the control and direction of, or contracts with, an agency or independent contractor for wages or other remuneration. “Independent contractor” means a person, other than an agency, engaged in any business and who enters into a contract, including a provider agreement, with an agency. Sub contractors are not covered under this definition. s. 112.3187, F.S., Retaliation Protection Main sections of the Whistle-blower statute

18. Key Definitions Continued: “Adverse personnel action” means the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or independent contractor. “Gross mismanagement” means a continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact. s. 112.3187, F.S., Retaliation Protection Main sections of the Whistle-blower statute

19. s. 112.3187, F.S., Retaliation Protection “GROSS” Means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. Site: Government Tort Liability Act (GTLA), (4) Main sections of the Whistle-blower statute

20. s. 112.3187, F.S., Retaliation Protection  Legislative intent  Key definitions  Actions Prohibited  Nature of information disclosed  To whom information is disclosed  Employees and persons protected  Remedies  Relief, defenses and existing rights Main sections of the Whistle-blower statute

21. Actions Prohibited An agency or independent contractor shall not:  Dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this section.  Take any adverse action that affects the rights or interests of a person in retaliation for the person's disclosure of information under this section. s. 112.3187, F.S., Retaliation Protection Main sections of the Whistle-blower statute

22. s. 112.3187, F.S., Retaliation Protection  Legislative intent  Key definitions: employee; independent contractor; gross mismanagement  Actions prohibited  Nature of Information Disclosed  To whom information is disclosed  Employees and persons protected  Remedies  Relief, defenses and existing rights Main sections of the Whistle-blower statute

23. Nature of Information Disclosed  Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare.  Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. s. 112.3187, F.S., Retaliation Protection Main sections of the Whistle-blower statute

24. s. 112.3187, F.S., Retaliation Protection  Legislative Intent  Key Definitions: employee; independent contractor; gross mismanagement  Actions prohibited  Nature of information disclosed  To Whom Information is Disclosed  Employees and persons protected  Remedies  Relief, defenses and existing rights Main sections of the Whistle-blower statute

25. Retaliation Protection To Whom Information Is Disclosed Any agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act, including, but not limited to: Main sections of the Whistle-blower statute  Chief Inspector General  Agency Inspector General or the Employee designated as agency Inspector General  The Florida Commission on Human Relations  The Whistle-blower's Hotline For concerns about local government entities, information must be disclosed to a chief executive officer or other appropriate local official.

26. s. 112.3187, F.S., Retaliation Protection  Legislative Intent  Key Definitions: employee; independent contractor; gross mismanagement  Actions prohibited  Nature of information disclosed  To whom information is disclosed  Employees and Persons Protected  Remedies  Relief, defenses and existing rights Main sections of the Whistle-blower statute

27. Employees and Persons Protected include those: Employees and Persons Protected include those: Retaliation Protection Main sections of the Whistle-blower statute  Who disclose information on their own initiative in a written and signed complaint; or  Who are requested to participate in an investigation, hearing, or other inquiry; or other inquiry; or  Who file any written complaint to their supervisory officials; or  Who submit a complaint to the CIG, the Agency Inspector General, Whistle-blower’s Hotline or to the Florida Commission General, Whistle-blower’s Hotline or to the Florida Commission on Human Relations. on Human Relations.  Who refuse to participate in any adverse action prohibited by this section; or this section; or

28. s. 112.3187, F.S., Retaliation Protection  Legislative Intent  Key Definitions: employee; independent contractor; gross mismanagement  Actions prohibited  Nature of information disclosed  To whom information is disclosed  Employees and persons protected  Remedies  Relief, defenses and existing rights Main sections of the Whistle-blower statute

29. Remedies  Any employee of or applicant for employment with any state agency, who is discharged, disciplined, or subjected to other adverse personnel action, or denied employment, because he or she engaged in an activity protected by this section may file a complaint.  Upon receipt of notice from the Florida Commission on Human Relations of termination of the investigation, the complainant may elect to pursue the administrative remedy available or bring a civil action within 180 days after receipt of the notice. Retaliation Protection Main sections of the Whistle-blower statute

30. Remedies, continued:  Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings to conduct hearings under this section.  The administrative procedure created by ordinance must provide for the complaint to be heard by a panel of impartial persons appointed by the appropriate local governmental authority. Retaliation Protection Main sections of the Whistle-blower statute

31. Remedies - continued:  Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the local governmental authority.  Within 180 days after entry of a final decision by the local governmental authority, the public employee who filed the complaint may bring a civil action in any court of competent jurisdiction. If the local governmental authority has not established an administrative procedure by ordinance or contract, a local public employee may, within 180 days after the action prohibited by this section, bring a civil action in a court of competent jurisdiction. (The term "local governmental authority" includes any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing.) Retaliation Protection Main sections of the Whistle-blower statute

32. Retaliation Protection Remedies, continued:  Any other person protected by this section may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section. Main sections of the Whistle-blower statute

33. s. 112.3187, F.S., Retaliation Protection  Legislative Intent  Key Definitions: agency; employee; adverse personnel action; independent contractor; gross mismanagement  Actions prohibited  Nature of information disclosed  To whom information is disclosed  Employees and persons protected  Remedies  Relief, Defenses and Existing Rights Main sections of the Whistle-blower statute

34. Relief, Defenses and Existing Rights In any action brought under this section, the relief must include the following: In any action brought under this section, the relief must include the following:  Reinstatement of the employee to the same position held before the adverse action was commenced, or to an equivalent position or reasonable front pay as alternative relief.  R einstatement of the employee's full fringe benefits and seniority rights, as appropriate. Retaliation Protection Main sections of the Whistle-blower statute

35. Retaliation Protection Relief, Defenses and Existing Rights, continued:  Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action.  Payment of reasonable costs, including attorney's fees, to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith. Main sections of the Whistle-blower statute

36. Retaliation Protection Relief, Defenses and Existing Rights, continued:  Issuance of an injunction, if appropriate, by a court of competent jurisdiction.  Temporary reinstatement to the employee's former position or to an equivalent position, pending the final outcome on the complaint. Main sections of the Whistle-blower statute

37. Retaliation Protection Relief, Defenses and Existing Rights, continued:  Defenses - It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee's or person's exercise of rights protected by this section.  Existing Rights - Sections 112.3187-112.31895 do not diminish the rights, privileges, or remedies of an employee under any other law or rule or under any collective bargaining agreement or employment contract; however, the election of remedies in s. 447.401 also applies to whistle-blower actions. 112.3187 447.401112.3187 447.401 Main sections of the Whistle-blower statute

38. Retaliation protection Retaliation protection Retaliation Investigative Procedures Retaliation Investigative Procedures Confidentiality Confidentiality Complaint investigative procedures Complaint investigative procedures Main Sections of the Whistle-blower Statute Main sections of the Whistle-blower statute

39. Retaliation Investigative Procedures  Investigative Procedures in Response to Prohibited Personnel Actions  Fact Finding  Corrective Action and Termination of Investigation  Right to Appeal Main sections of the Whistle-blower statute

40. 112.3187 Retaliation protection 112.3187 Retaliation protection 112.31895 Retaliation Investigative procedures 112.31895 Retaliation Investigative procedures 112.3188 Confidentiality 112.3188 Confidentiality 112.3189 Complaint Investigative procedures 112.3189 Complaint Investigative procedures Main Sections of the Whistle-blower Statute Main sections of the Whistle-blower statute

41. s. 112.3188, F.S., Confidentiality  Individual Confidentiality (Name or Identity)  Information Confidentiality (Produced or Derived)  Exceptions (Waiver)  When a Report Becomes Public  Penalty for Breach of Confidence Main sections of the Whistle-blower statute

42. Confidentiality Individual Confidentiality – Name or Identity The name or identity of any individual who discloses in good faith to the Chief Inspector General or an agency inspector general, a local chief executive officer, or other appropriate local official information that meets criteria may not be disclosed to anyone other than a member of the Chief Inspector General's, agency inspector general's, internal auditor's, local chief executive officer's, or other appropriate local official's staff. Main sections of the Whistle-blower statute

43. s. 112.3188, F.S., Confidentiality  Individual Confidentiality (Name and Identity)  Information Confidentiality (Produced or Derived)  Exceptions (Waiver)  When a Report Becomes Public  Penalty for Breach of Confidence Main sections of the Whistle-blower statute

44. Confidentiality Information Confidentiality – Produced or Derived Except as specifically authorized, all information received by the Chief Inspector General or an agency inspector general or information produced or derived from fact-finding or other investigations conducted by the Florida Commission on Human Relations or the Department of Law Enforcement is confidential and exempt from public records if the information is being received or derived from allegations as set forth in paragraph (1)(a) or paragraph (1)(b), and an investigation is active. Main sections of the Whistle-blower statute

45. s. 112.3188, F.S., Confidentiality  Individual Confidentiality (Name and Identity)  Information Confidentiality (Produced or Derived)  Exceptions (Waiver)  When a Report Becomes Public  Penalty for Breach of Confidence Main sections of the Whistle-blower statute

46. Confidentiality Exceptions - Waivers The name or identity of the whistle-blower may not be disclosed without the written consent of the individual, unless the Chief Inspector General, internal auditor, agency inspector general, local chief executive officer, or other appropriate local official determines that: the disclosure of the individual's identity is necessary to prevent a substantial and specific danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime; or the disclosure is unavoidable and absolutely necessary during the course of the audit, evaluation, or investigation. Main sections of the Whistle-blower statute

47. s. 112.3188, F.S., Confidentiality Exceptions – Waivers, continued: Information disclosed under this subsection may be disclosed only to persons who are in a position to prevent the danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime based on the disclosed information. Main sections of the Whistle-blower statute

48. s. 112.3188, F.S., Confidentiality  Individual Confidentiality (Name and Identity)  Information Confidentiality (Produced or Derived)  Exceptions (Waiver)  When a Report Becomes Public  Penalty for Breach of Confidence Main sections of the Whistle-blower statute

49. Confidentiality When A Report Becomes Public Except for active criminal intelligence or criminal investigative information, and except as otherwise provided in this section, all information obtained pursuant to this subsection shall become available to the public when the investigation is closed or ceases to be active. An investigation is closed or ceases to be active when the final report has been sent by the Chief Inspector General to the recipients specified under Florida Statute. Main sections of the Whistle-blower statute

50. s. 112.3188, F.S., Confidentiality  Individual Confidentiality (Name and Identity)  Information Confidentiality (Produced or Derived)  Exceptions (Waiver)  When a Report Becomes Public  Penalty for Breach of Confidence Main sections of the Whistle-blower statute

51. s. 112.3188, F.S., Confidentiality Penalty for Breach of Confidence Any person who willfully and knowingly discloses information or records made confidential under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.775.083. Main sections of the Whistle-blower statute

52. Retaliation protection Retaliation protection Retaliation investigative procedures Retaliation investigative procedures Confidentiality Confidentiality Complaint Investigative Procedures Complaint Investigative Procedures Main Sections of the Whistle-blower Statute Main sections of the Whistle-blower statute

53. Complaint Investigative Procedures Requirement for Whistle-blower’s Hotline Determination factors Review period Factors used to consider an investigation unnecessary  Subsequent procedures Investigative guidelines Investigation closure process Main sections of the Whistle-blower statute

54. Complaint Investigative Procedures Requirement for Whistle-blower’s Hotline To facilitate the receipt of information, the CIG shall maintain an in-state toll-free whistle-blower's hotline. To facilitate the receipt of information, the CIG shall maintain an in-state toll-free whistle-blower's hotline. Main sections of the Whistle-blower statute

55. Complaint Investigative Procedures Requirement for whistle-blower’s hotline Determination Factors Review period Factors used to consider an investigation unnecessary  Subsequent procedures Investigative guidelines Investigation closure process Main sections of the Whistle-blower statute

56. Determination Factors  When a person alleges information described in the whistle-blower statute, the CIG or agency inspector whistle-blower statute, the CIG or agency inspector general actually receiving such information shall within general actually receiving such information shall within 20 days (Can request an extension in writing) of receiving 20 days (Can request an extension in writing) of receiving such information determine: such information determine: Complaint Investigative Procedures Main sections of the Whistle-blower statute  Whether the information disclosed is the type of information described in statute under – Nature information described in statute under – Nature of Information disclosed. of Information disclosed.

57. Complaint Investigative Procedures  Whether the source of the information is a person who is an employee or former employee of, or an applicant for employment with, a state agency.  Whether the information actually disclosed demonstrates reasonable cause to suspect that an employee or agent of an agency or independent contractor has violated any federal, state, or local law, rule, or regulation, thereby creating and presenting a substantial and specific danger to the public's health, safety, or welfare, or has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty. Main sections of the Whistle-blower statute Determination Factors - cont

58. Complaint Investigative Procedures Requirement for whistle-blower’s hotline Determination factors Review Period Factors used to consider an investigation unnecessary  Subsequent procedures Investigative guidelines Investigation closure process Main sections of the Whistle-blower statute

59. Complaint Investigative Procedures Review Period When a person alleges information described in section 112.3187(5), F.S., the CIG or agency inspector general actually receiving such information shall, within 20 days of receipt, determine whether the information meets the criteria. The CIG or agency inspector general making such a determination shall then conduct an investigation, unless the CIG or the agency inspector general determines, within 30 days after receiving the allegations from the complainant, that such investigation is unnecessary. Main sections of the Whistle-blower statute

60. Complaint Investigative Procedures Requirement for whistle-blower’s hotline Determination factors Review period Factors Used to Consider an Investigation Unnecessary  Subsequent Procedures Investigative guidelines Investigation closure process Main sections of the Whistle-blower statute

61. Complaint Investigative Procedures Factors Used To Consider An Investigation Unnecessary:  The gravity of the disclosed information compared to the time and expense of an investigation.  The potential for an investigation to yield recommendations that will make state government more efficient and effective.  The benefit to state government to have a final report on the disclosed information. Main sections of the Whistle-blower statute

62. Factors Used To Consider An Investigation Unnecessary (Cont.):  Whether the alleged whistle-blower information primarily concerns personnel practices that may be investigated under chapter 110 (i.e., sexual harassment, affirmative action/EEO).  Whether another agency may be conducting an investigation and whether any investigation under this section could be duplicative.  The time that has elapsed between the alleged event and the disclosure of the information. Main sections of the Whistle-blower statute Complaint Investigative Procedures

63. Subsequent Procedures Subsequent Procedures If the CIG or agency inspector general determines that an investigation is not necessary, the CIG or agency inspector general making such determination shall:  Copy and return, upon request of the complainant, any documents and other materials provided by the individual who made the disclosure.  Inform the state agency head in writing that the investigation is not necessary and the individual who made the disclosure of the specific reasons why an investigation is not necessary and why the disclosure will not be further acted on under this section. Main sections of the Whistle-blower statute Complaint Investigative Procedures

64. Requirement for whistle-blower’s hotline Determination factors Review period Factors used to consider an investigation unnecessary  Subsequent procedures Investigative Guidelines Investigation closure process Main sections of the Whistle-blower statute

65. Investigative Guidelines The agency inspector general shall:  Conduct an investigation with respect to the information and any related matters.  Submit to the complainant and the CIG, within 60 days after the date on which a determination is made, a final report.  The complainant shall be advised in writing that they may submit comments on the final report within 20 days of the date of the report and that such comments will be attached to the final report. Main sections of the Whistle-blower statute Complaint Investigative Procedures

66. Investigative Guidelines – (cont)  Final reports required under this section must be reviewed and signed by the person responsible for conducting the investigation (agency inspector general, agency head, or CIG). Extensions made in writing may be granted by the CIG for good cause shown.  If an investigation under this section produces evidence of a criminal violation, the report shall not be transmitted to the complainant, and the agency head or agency inspector general shall notify the CIG and the Florida Department of Law Enforcement. Main sections of the Whistle-blower statute Complaint Investigative Procedures

67. Requirement for whistle-blower’s hotline Determination factors Review period Factors used to consider an investigation unnecessary  Subsequent procedures Investigative guidelines Investigation Closure Process Main sections of the Whistle-blower statute

68. Investigation Closure Process  Upon receiving a final report, the CIG shall review the report and determine whether the report contains the required information. If the report does not contain the information required, the CIG shall determine why and note the reasons on an addendum to the final report.  The CIG shall transmit any final report under this section, any comments provided by the complainant, and any appropriate comments or recommendations by the CIG to the Governor, to the Legislative Auditing Committee, to the investigating agency, and to the Chief Financial Officer. Complaint Investigative Procedures Main sections of the Whistle-blower statute

69. Overview Florida Chief Inspector General Responsibilities Florida Chief Inspector General Responsibilities Agency Inspectors General Responsibilities Agency Inspectors General Responsibilities Main sections of the Whistle-blower’s Statute Main sections of the Whistle-blower’s Statute Complaint Evaluation Protocols Complaint Evaluation Protocols Whistle-blower Process Flow Whistle-blower Process Flow

70. Complaint Evaluation Protocol (CIG) When the CIG’s Office receives a complaint that possibly merits whistle-blower designation, the CIG: Refers the complaint to the Agency IG and requests: Refers the complaint to the Agency IG and requests:  A review of the complaint  An interview of the complainant as necessary  Submission of a recommendation as to whether the complaint meets whistle-blower criteria Conducts an independent assessment Conducts an independent assessment Makes the final determination Makes the final determination Notifies the complainant (with a copy to the Agency IG) Notifies the complainant (with a copy to the Agency IG) Complaint Evaluation Protocol

71. Complaint Evaluation Protocol (CIG) When the Agency IG’s Office receives a complaint that possibly merits whistle-blower designation, the Agency IG:  Reviews the complaint  Interviews the complainant as necessary  Completes the Whistle-blower complaint determination form  Submits the determination form to the CIG Complaint Evaluation Protocol

72. Law Enforcement If an investigation under this section produces evidence of a criminal violation, the report shall not be transmitted to the complainant and the Florida Department of Law Enforcement shall be notified.

73. Overview Florida Chief Inspector General Responsibilities Florida Chief Inspector General Responsibilities Agency Inspectors General Responsibilities Agency Inspectors General Responsibilities Main sections of the Whistle-blower’s Statute Main sections of the Whistle-blower’s Statute Complaint Evaluation Protocols Complaint Evaluation Protocols Whistle-blower Process Flow Whistle-blower Process Flow

74. Receipt Of Complaint CIG completes “independent” review, makes final Whistle-blower determination (completes form) WB YES Send Letter, copy and return documents Web Hotline Mail CIG FCHR Whistle-blower Work Flow by IG Notify the FCHR if the complaint involves allegations of retaliation Complaint Review, completion of WB determination form, forward to CIG Within 20 days Whistle-blower Process Flow WB NO Next Slide

75. Will CIG/AIG investigate a whistle-blower complaint? Within 10 (additional) days No 6. The time that has elapsed between the alleged event and the disclosure of the information. YES on Whistle-blower and NO on Investigate 1. The gravity of the disclosed information compared to the time and expense of an investigation. 2. The potential for an investigation to yield recommendations that will make state government more efficient and effective. 3. The benefit to state government to have a final report on the disclosed information. 4. Whether the alleged whistle-blower information primarily concerns personnel practices that may be investigated under chapter 110. 5. Whether another agency may be conducting an investigation and whether any investigation under this section could be duplicative. Complainant Letter (No investigation) Whistle-blower Process Flow

76. YES on Whistle-blower and YES on Investigate Will CIG/AIG investigate a whistle-blower complaint? Complainant Letter (investigation underway) Investigate (60 day maximum) see note A Issue report to complainant for comments (20 day max) see note B YES AIG/CIG will review comments Report released to statutorily mandated entities; case closed Determine/take additional steps Close Yes Close No NOTE A If an extension is needed, a written request must be submitted to CIG with good cause shown. s 112.3189(10) NOTE B If AIG does investigation, the AIG (agency head) submits the report to CIG and complainant, informing complainant that within 20 days they may submit comments to CIG and AIG. Report is active and confidential Whistle-blower Process Flow

77. Conclusion: Chief Inspector General Responsibilities Chief Inspector General Responsibilities Agency Inspectors General Responsibilities Agency Inspectors General Responsibilities Main sections of the Whistle-blower Statute Main sections of the Whistle-blower Statute Complaint Evaluation Protocols Complaint Evaluation Protocols Whistle-blower Process Flow Whistle-blower Process Flow

78. Whistle-blower Brochure www.flgov.com/ig/pdfs/wbbrochure.pdf

79. QUESTIONS ? ? ? THANK YOU FOR PARTICIPATING PRESENTED BY: DAWN CASE & SHERYL STECKLER 2008