The First Whistleblower

Protecting and promoting the rights of whistleblowers and workers

1. What IS a "Whistleblower" ?
2. What should I do BEFORE I make a report/disclosure?
3. HOW show I make a report?
4. WHO should I send my report to?
5. What could happen to me if I DON'T make a report?
6. Could I get a $REWARD$ for making a report?
7. Am I protected from reprisal?
8. What is considered a "reprisal"?
9. What should I do if I believe I have been subjected to reprisals?
10. What rights do I have if I am questioned about a Whistleblower matter?

This is a good question. The answer, though legally specific, is somewhat vague in practice. Under Arizona Law (A.R.S. Title 38, Chapter 3, Article 9), a Whistleblower Disclosure must be made to a "Public Body".

According to A.R.S. 38-531 a "public body" means:

• the governor,
• the legislature,
• the attorney general,
• the county attorney,
• a federal,state or local law enforcement agency,
• the governing board of a community college district or school district,
• the board of supervisors of a county, or,
• an agency director

You want to accomplish two things when you send your disclosure:

1. Have the problem known
2. Have your Whistleblower Disclosure made a PUBLIC RECORD

So, WHO do you send your disclosure to? PICK TWO! Yes, TWO! And send it by CERTIFIED MAIL! You want proof it was received. And you want to ensure it won't be ignored. The more "officials" you send it to, the more likely it will be noticed. The higher up the chain-of-command you go, the more likely it will be acted upon.

First, if are an employee of a:

• Community College: Send a copy to each member of their governing board.
• School District: Send a copy to each member of the School Board.
• City: Send a copy to each member of the City Council.
  (Even though the "City Council" is not specifically listed as a "public body" in A.R.S. 38-531 they are still considered one. You will be sending a copy to another public official anyways to ensure you have made a proper disclosure.)
• County: Send a copy to each member of the County Board of Supervisors.
• State: Send copy to the Governor and the Attorney General.

Second, send a copy to the "AGENCY Director". This is the Director of the AGENCY involved. The statute doesn't clearly define the difference between an "agency" and a "department". There is a difference. A "AGENCY" may oversees multiple "departments". Find out who is a the highest level of you organization and send them a copy. And send it by CERTIFIED MAIL!

What about "law enforcement", "county attorney", or "attorney general"? If something illegal or criminal has occurred, it makes sense to send a copy directly to one of these. But, you want to make sure your disclosure becomes a "Public Record". Something sent to a "pubic body" (Board, Council, Agency, Elected Official), is subject to Arizona's "Public Record" Laws. Meaning anyone (ie. The press or news media) can request a copy and expose the matter to the general public. However, something sent to "law enforcement", becomes part of an criminal investigation. Which is NOT open to the public. You have no authority to ask what they have done with it, and they don't have to tell.

What about the "Federal Government"? If the department or agency you work for receives federal funding (directly or through grants), or if you are working on a special project that is specifically funded by federal money, you should find send a copy of your Whistleblower Disclosure to the "Inspector General" of the federal agency providing the funding. You may be entitled to a $CASH REWARD$ for exposing waste, abuse, or theft of federal funds!

The two most important things to remember are:

1. Send it to several "Public Bodies"
2. Send it by CERTIFIED MAIL!