Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 10/29/2014 11/01/201 8 11/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____ ___________ _____
1008 – Anti-Retaliation 1 POLICY 1008 ANTI - RETALIATION
1008 .1 PURPOSE AND SCOPE
This policy prohibits retaliation against employee s who identify workplace issues, such as fraud,
waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices,
includi ng violations that may pose a threat to the health, safety or well -being of employee s.
This policy does not prohibit actions taken for nondiscriminatory or non -retaliatory reasons, such
as discipline for cause.
These guidelines are intended to suppleme nt and not limit employee s’ access to other applicable
remedies. Nothing in this policy shall diminish the rights or remedies of a n employee pursuant to
any applicable federal law, provision of the U.S. Constitution, law, ordinance or memorandum of
underst anding.
1008 .1.1 ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: N/A
This policy pertains to the following Standard Operating Procedures: N/A
1008 .2 POLICY
The Tustin Police Department has a zero tolerance for retalia tion and is committed to taking
reasonable steps to protect from retaliation employee s who, in good faith, engage in permitted
behavior or who report or participate in the reporting or investigation of workplace issues. All
complaints of retaliation will b e taken seriously and will be promptly and appropriately
investigated.
1008 .3 RETALIATION PROHIBITED
No employee may retaliate against any person for engaging in lawful or otherwise permitted
behavior; for opposing a practice believed to be unlawful, u nethical, discriminatory or retaliatory;
for reporting or making a complaint under this policy; or for participating in any investigation
related to a complaint under this or any other policy. Retaliation includes any adverse action or
conduct, including b ut not limited to:
a) Denying a promotion;
b) Extending the probationary period;
c) Unjustified reassignment of duties or change of work schedule;
d) Real or implied threats or other forms of intimidation to dissuade the reporting of
wrongdoing or filing of a compla int, or as a consequence of having reported or
participated in protected activity;
e) Taking unwarranted disciplinary action;
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 10/29/2014 11/01/201 8 11/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____ ___________ _____
1008 – Anti-Retaliation 2 1008 .4 COMPLAINTS OF RETALIATION
Any employee who feels he/she has been retaliated against in violation of this policy should
prom ptly report the matter to any supervisor, command staff Employee , Chief of Police or the City
Personnel Director.
Employee s shall act in good faith, not engage in unwarranted reporting of trivial or minor
deviations or transgressions, and make reasonable efforts to verify facts before making any
complaint in order to avoid baseless allegations. Employee s shall not report or state an intention
to report information or an allegation knowing it to be false, with willful or reckless disregard for
the truth or falsity of the information or otherwise act in bad faith.
Investigations are generally more effective when the identity of the reporting employee is known,
thereby allowing investigators to obtain additional information from the reporting employee .
Howe ver, complaints may be made anonymously. All reasonable efforts shall be made to protect
the reporting employee ’s identity. However, confidential information may be disclosed to the
extent required by law or to the degree necessary to conduct an adequate i nvestigation and make
a determination regarding a complaint. In some situations, the investigative process may not be
complete unless the source of the information and a statement by the employee is part of the
investigative process.
1008.7 WHISTLE -BLOWING
California law protects employee s who (Labor Code § 1102.5; Government Code § 53296 et
seq.):
a) Report a violation of a state or federal statute or regulation to a government or law
enforcement agency, including the employee ’s supervisor or any othe r employee with the
authority to investigate the reported violation.
b) Provide information or testify before a public body if the employee has reasonable cause
to believe a violation of law occurred.
c) Refuse to participate in an activity that would result i n a violation of a state or federal
statute or regulation.
d) File a complaint with a local agency about gross mismanagement or a significant waste of
funds, abuse of authority or a substantial and specific danger to public health or safety.
Employee s shall exhaust all available administrative remedies prior to filing a formal
complaint.
Employee s are encouraged to report any legal violations through the chain of command (Labor
Code § 1102.5).
Employee s who believe they have been the subject of retaliatio n for engaging in such protected
behaviors should promptly report it to a supervisor.
1008.7.1 DISPLAY OF WHISTLE -BLOWER LAWS
The department shall display a notice to employee s regarding their rights and responsibilities
under the whistle -blower laws , including the whistle -blower hotline maintained