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?

If you believe that any adverse action has been taken against you because you informed a public body of illegal, unethical, or wasteful activities (including mismanagement), you have the right to file a complaint.

According to A.R.S. 38-532 (H):

You must file your complaint with the appropriate "independent personnel board".

This will vary depending on what branch of Arizona government you work for. You should already know the answer to this. When you filed your Whistleblower Disclosure you should have specifically requested the name and mailing address of the board to contact if you became the subject of retaliation.

It will probably one of the following:

1. Merit Commission
2. Personnel Board
3. Board of Regents

If there is no "independent personnel board", then you must file your complaint with the State of Arizona Personnel Board. According to A.R.S. 38-532 (H)

What if I've been "exempted" from one of these boards, or not a regular or full-time employee?

You may still be covered! As was the case with the The First Whistleblower , he was a "contract employee" for Maricopa County. As a "contract employee", he was automatically exempted from the Maricopa County Employee Merit System. Because of this, his complaint had to be filed directly with the State of Arizona Personnel Board. (Note: To this day, Maricopa County maintains that a "contract employee" can not file a complaint of reprisal with any personnel board. Even though the courts have ruled otherwise.)

According to A.R.S. 38-532 (H):

Arizona laws on filing a complaint of reprisal are very limiting in the time you have to file one. While there my be some disagreement over what is meant by "effective date", the sooner you file your complaint, the better. As soon as you believe any adverse action/reprisal has been taken against you, you MUST file a complaint IMMEDIATELY!

The law and the courts are very unforgiving about this. It is the first thing the offender and the courts (personnel board, merit commission) will look at. They will make a point of trying to have your complaint dismissed because you failed to file a complaint in time.

If you are as little as one day late, they will dismiss your complaint!

If you fail to file a complaint in time, you lose ALL your rights!

According to A.R.S. 38-532 (H)

Generally, the "independent personnel board" will hold a hearing concerning your complaint. If you are successful, you are entitled to [see A.R.S. 38-532 (D)]:

• attorney fees,
• costs,
• back pay,
• general and special damages,
• full reinstatement,
• injunctive relief as is otherwise available in civil actions

• a civil penalty of up to five thousand dollars A.R.S. 38-532 (C)
• The state personnel board shall recommend the dismissal of a supervisor or other responsible person, other than an elected official, who it determines committed a prohibited personnel practice. A.R.S. 41-782 (B)

At this time, no. We do not yet have the resources.

But, YOU can help change that.

can make it possible for The First Whistleblower to provide legal assistance to those who have been subjected to retaliation after exposing fraud, corruption, waste, and abuse of power.

In the future, The First Whistleblower hopes to provide FREE legal representation to Whistleblowers. For now, you are welcome to use our Legal Aid pages to find a qualified attorney to assist you.