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HomeMy WebLinkAbout2009 Policy on Suspected Misconduct Fraud and DishonestyCity of West University Place Policy on Suspected Misconduct, Fraud and Dishonesty PURPOSE: Like all organizations, the City of West University Place ("City") is faced with risks from wrongdoing, misconduct, dishonesty and fraud. As with all business exposures, the City must be prepared to manage these risks and their potential impact in a professional manner. The impact of misconduct and dishonesty may include: • the actual financial loss incurred; • damage to the reputation of the City and its employees; • negative publicity; • the cost of investigation; • loss of employees; • loss of funding from foundations/donors; • damaged relationships with contractors and suppliers; • litigation; and • damaged employee morale. The City's goal is to establish and maintain a business environment of fairness, ethics and honesty for its employees, its citizens, its suppliers its donors and anyone else with whom the City has a relationship. To maintain such an environment requires the active assistance of every employee and manager every day. The City is committed to the deterrence, detection and correction of misconduct and dishonesty. The discovery, reporting and documentation of such acts provide a sound foundation for the protection of innocent parties, the taking of disciplinary action against offenders up to and including dismissal where appropriate, the referral to law enforcement agencies when warranted by the facts, and the recovery of assets. The purpose of this document is to communicate the City's policy regarding the deterrence and investigation of suspected misconduct and dishonesty by employees and others, and to provide specific instructions regarding appropriate action in case of suspected violations. SCOPE: This policy applies to all employees, officers, board members and council members. DEFINITION OF MISCONDUCT AND DISHONESTY: For purposes of this policy, misconduct and dishonesty is defined as an intentional deception, misappropriation of resources or the manipulation of data to the unfair City of West University Place Policy on Suspected Misconduct, Fraud and Dishonesty advantage or disadvantage of a person or entity. Some examples include, but are not limited to: • falsification of expenses and invoices; • acts which violate the City's Personnel and Administrative Policies; • theft or other misappropriation of assets, including assets of the City, its customers, suppliers or others with whom the City has a business relationship; • misstatements and other irregularities in City records, including the intentional misstatement of the results of operations; • forgery or other alteration of documents; • fraud and other unlawful acts; and • any similar acts. The City specifically prohibits these and any illegal activities in the actions of its employees. POLICY: Reporting It is the responsibility of every employee to immediately report suspected misconduct or dishonesty to his/her supervisors and/or the Human Resources Director or his/her designee. Supervisors, when made aware of such potential acts by subordinates, must immediately report such acts to their supervisors and/or the Human Resources Director or his/her designee. Any reprisal is strictly forbidden against any employee or other reporting individual because that individual, in good faith, reported a violation. Due to the important yet sensitive nature of the suspected violations, effective professional follow up is critical. Managers, while appropriately concerned about "getting to the bottom" of such issues, should not in any circumstances perform any investigative or other follow up steps on their own. Concerned but uninformed managers represent one of the greatest threats to proper incident handling. All relevant matters, including suspected but unproven matters, should be referred immediately to the Human Resources Director or his/her designee. Additional Responsibilities of Supervisors All employees have a responsibility to report suspected violations. However, employees with supervisory and quality control review responsibilities at any level have additional deterrence and detection duties. Specifically, personnel with supervisory or quality control review authority shall: 1. become aware of what can go wrong in his/her area of authority; 2. put into place and maintain effective monitoring, review and control procedures that will prevent acts of wrongdoing; and 2 City of West University Place Policy on Suspected Misconduct, Fraud and Dishonesty 3. put into place and maintain effective monitoring, review and control procedures that will detect acts of wrongdoing promptly should prevention efforts fail. Accountability for the effectiveness of these three additional responsibilities cannot be delegated and will remain with the department director. Assistance in effectively carrying out these responsibilities is available upon request through the Human Resources Director of his/her designee. Responsibility and Authority for Follow Up and Investigation The Human Resources Director or his/her designee has the primary responsibility for all investigations involving the City. The Human Resources Director or his/her designee may request the assistance of any other department (i.e., Police Department, City Attorney's office) in any investigation, including access to the Finance Department's periodic examinations and evaluations of internal controls. In the case of an alleged criminal act, the Police Department shall have primary responsibility for investigations. Any investigation shall also have: • free and unrestricted access to all City records and premises, whether owned or rented; and • the authority to examine, copy and/or remove all or any portion of the contents of files, desks, cabinets, and other storage facilities (whether in electronic or other form) without the prior knowledge or consent of any individual who might use or have custody of any such items or facilities when it is within the scope of investigative or related follow up procedures. All investigations of alleged misconduct and dishonesty will be conducted in accordance with applicable laws and City policies, procedures and administrative rules. Reported Incident Follow Up Procedure Care must be taken in the follow up of suspected misconduct and dishonesty to avoid acting on incorrect or unsupported accusations, to avoid alerting suspected individuals that follow up and investigation is underway, and to avoid making statements which could adversely affect the City, an employee, or other parties. Accordingly, the general procedures for follow up and investigation of reported incidents are as follows: 1. Employees and others must immediately report all factual details as indicated above under Policy. 2. The Human Resources Director or his/her designee has the responsibility for follow up and, if appropriate, investigation of all reported incidents. 3 City of West University Place Policy on Suspected Misconduct, Fraud and Dishonesty 3. Do not communicate with the suspected individuals or organizations about the matter under investigation until necessary. 4. In appropriate circumstances and at the appropriate time, the Human Resources Director or his/her designee will notify the City Manager and the Chief of Police or their designees. 5. All inquiries from an attorney or any other contacts from outside of the City, including those from law enforcement agencies or from the employee under investigation, should be referred to the City Attorney's office and/or the City Secretary's office, whichever is appropriate under the Texas Public Information Act. hivestigative or other follow up activity will be carried out without regard to the suspected individual's position, level or relationship with the City. 4