About Fraud, Waste, and Abuse of Public Funds or Assets
For purposes of this document, "fraud, waste, or abuse" means any activity by a local agency or employee that is undertaken in the performance of the employee's official duties, including activities deemed to be outside the scope of his or her employment, that is in violation of any local, state, or federal law or regulation relating to corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, is economically wasteful, or involves gross misconduct.
Per the Board approved Internal Audit Charter, the Yolo County Department of Financial Services, Division of Internal Audit, herein referred to as “Division,” is the official body of the County to investigate allegations of potential fraud, waste and abuse identified by county staff or other stakeholder. Once the investigation into the allegations has been conducted the Division advises the Board of Supervisors, the County Administrative Officer, and the Chief Financial Officer on whether or not improper County government activities occurred.
An employee, contracted parties, member of the public, or other stakeholders of the County can file a complaint with the Division alleging improper County government activities. The complainant is encouraged to file as soon as the complainant had knowledge of the alleged improper County government activity.
Your name and other personal information will remain confidential during and after the investigation to ensure your rights are protected, and will only be disclosed if determined necessary, and only to county official, or law enforcement agency that are required to be involved in the investigation or thereafter to remedy the matter. However, should you prefer to remain anonymous please complete the form below (excluding your name and other contact information) to the best of your knowledge, provide any evidence that might help support the allegation, and submit it to the address provided.
Any reprisal action taken against County employees, applicants or witnesses, because of the filing of a complaint, is strictly prohibited under Government Code Section 53298.
Please describe, under each appropriate category, the improper County government activity which is the subject of this complaint. Please be clear and specific, as to the facts, only as they relate to the improper County government activity.
Improper County Government Activity means any activity, or act by a County department, officer (elected or appointed) or employee relating to the performance of official County business, duties and responsibilities.
There are four categories that constitute improper County government activity: (1) gross mismanagement, (2) significant waste of County funds, (3) abuse of authority, or (4) substantial and specific danger to public health and safety.
Gross Mismanagement means the failure to exercise even a substandard level of performance relating to the management of County programs, activities, functions, services and responsibilities.
Abuse of Authority means the willful exercise of authority for improper or wrongful purpose.
Your complaint must be a true and accurate account to the best of your knowledge, and you must sign under penalty of perjury.
Once the Division has reviewed and accepted your complaint, it will be investigated by the Internal Audit Division. If you move or change your phone number, remember to let the Division know. If you have questions, please call the Division’s Internal Audit Manager at (530) 666-8190 Ext. 9210 or send a confidential email to firstname.lastname@example.org
RETURN THE COMPLAINT TO:
County of Yolo
County Department of Financial Services
Division of Internal Audits
Attn: CONFIDENTIAL- Internal Audit Manager
625 Court Street, Room 102
Woodland, CA 95695
WHISTLEBLOWERS ARE PROTECTED
Pursuant to California Labor Code Section 1102.5, employees are the protected class of individuals. “Employee” means any person employed by an employer, private or public, including, but not limited to, individuals employed by the state or any subdivision thereof, any county, city, city and county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California. [California Labor Code Section 1106]
What is a whistleblower?
A “whistleblower” is an employee who discloses information to a government or law enforcement agency, person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violation or noncompliance, or who provides information to or testifies before a public body conducting an investigation, hearing or inquiry, where the employee has reasonable cause to believe that the information discloses:
1. A violation of a state or federal statute,
2. A violation or noncompliance with a local, state or federal rule or regulation, or
3. With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment.
A whistleblower can also be an employee who refuses to participate in an activity that would result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state or federal rule or regulation.
What protections are afforded to whistleblowers?
1. An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
2. An employer may not retaliate against an employee who is a whistleblower.
3. An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
4. An employer may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.
Under California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.
How to report improper acts with the State of California
If you have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees, call the California State Attorney General’s Whistleblower Hotline at 1 800-952-5225. The Attorney General will refer your call to the appropriate government authority for review and possible investigation.