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Whistle Blower - September 2003 Revision

Note: This procedural directive was reviewed and revised in May 2012. We provide this revision for historic purposes only. Please refer to the current procedural Directive.

Board Policy G.30 shall be implemented as follows:

  1. Employees are encouraged to report to either the Director of Internal Audit or the Superintendent or her/his designee conduct that is unlawful or would otherwise compromise the proper use of Albuquerque Public Schools property. A form to report such conduct is available for use from the offices of the Director of Internal Audit and the Superintendent.
  2. The Director, Superintendent, or both shall investigate all reports of conduct that is unlawful or would otherwise compromise the proper use of property of the Albuquerque Public Schools.
  3. The identity of anyone filing such a report will not be disclosed [be kept confidential] [to the extent permitted by law] and the report will be confidential [to the extent permitted by law] or unless a court of competent jurisdiction orders otherwise.
  4. Anyone making use of this reporting system shall not be retaliated against for any reports made where the individual has a reasonable belief that the conduct being reported is:
    1. a violation of law, rule, or regulations; or
    2. gross mismanagement, a gross waste of funds, or substantial or specific danger to health or safety.
  5. The sum of $100 or 10% of the amount recovered to a maximum of $500 as a result of the whistleblower report, whichever is greater, may, at the discretion of the Superintendent, be paid to the person who files a report which results in a finding by the Director or Superintendent that there has been prohibited conduct delineated in paragraph 4 above; provided, however, that no person who is found by the Director or Superintendent to be responsible for or involved in any violation of law, rule, or regulations, or gross mismanagement, gross waste of funds, or substantial or specific danger to health or safety shall be entitled to any compensation for reporting such wrongful conduct. Any person who is found by the Director or Superintendent to be responsible for or involved in any violation of law, rule, or regulations, or gross mismanagement, gross waste of funds, or substantial or specific danger to health or safety shall be subject to appropriate disciplinary action, which shall not be considered to be retaliation for reporting such improper activity.
  6. These procedures shall not operate to protect individuals who make reports in bad faith and/or with the intent to damage another’s reputation or career advancement.

Cross Ref.: Board Policy G.15

NSBA/NEPN Classification: JFC

Approved: September 3, 2003

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