UAMS ADMINISTRATIVE GUIDE

NUMBER: 15.1.2
DATE: 01/01/07
REVISION:

SECTION: INSTITUTIONAL COMPLIANCE
AREA: GENERAL ADMINISTRATION
SUBJECT: UAMS REPORTING POLICY

SCOPE

UAMS physicians, employees, volunteers, trainees and students.

DEFINITIONS

Good Faith Reporting means there is a reasonable basis in fact for the communication of the existence of waste or for a violation.  If there is no personal knowledge of the factual basis for the communication or if the employee knew or reasonably should have known the allegation of waste or violation was malicious, false or frivolous, then the reporting was not made in “good faith”.

 

Violation means an infraction or a breach which is not of a merely technical or minimal nature of a state statute or regulation, of a political subdivision ordinance or regulation, or of a code of conduct or code of ethics designed to protect the interest of the public or a public employer.

 

Waste means a public employer’s conduct or omissions which result in substantial abuse, misuse, destruction, or loss of public funds, property, or manpower belonging to or derived from state or local political subdivision’s resources.

 

Adverse action is defined as discharging, threatening, discriminating, or retaliating against any employee in any manner that affects the employee’s employment, including compensation, job location, rights, immunities, promotions or privileges.

POLICY

It is the policy of UAMS that the workforce will be protected from discharge or retaliation for Good Faith Reporting the existence of any waste of public funds, property or manpower or a violation or suspected violation of Federal laws,  State laws, rules or regulations.

 

No Adverse Action will be taken against any UAMS workforce member or a person authorized to act on behalf of the workforce member in the following situations:

 

  1. The UAMS workforce member communicates in good faith the existence of waste of public or federal property, or manpower or the violation or suspected violation of a Federal or State law, rule, or regulation;
  2. The UAMS workforce member participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry or any form of administrative review;
  3. The UAMS workforce has objected to or refused to carry out a directive that the employee reasonably believes violates a law, rule or regulation adopted under authority of the laws of the State or Federal government, or political subdivisions.

PROCEDURE

The report of waste or violation should be made verbally or in writing to one of the UAMS workforce member’s superiors or to an appropriate authority as follows:

 

  1. A state, county or municipal government department, agency, or organization having jurisdiction over criminal law enforcement;
  1. A member, officer, agent, investigator, auditor, representative, or supervisory employee of the body, agency, or organization or;
  1. The office of the Attorney General, Auditor of State, Arkansas Ethics Commission, Legislative Joint Audit Committee, Division of Legislative Audit, or prosecuting attorney’s office.

The report by the UAMS workforce member of such waste or violation must be made prior to any Adverse Action by UAMS.  The report should be made at a time and in a manner which gives UAMS reasonable notice of the need to correct the waste or violation.

 

PROCEDURE FOR GRIEVENCE

 

Any UAMS workforce member who alleges a violation of the Act, and believes that UAMS has acted adversely towards him or her because of the allegations may utilize approved grievance or mediation procedures.  The UAMS workforce member may subsequently bring a civil action in accordance with the “Arkansas Whistle-Blower Act”. 

 

The “Whistle-Blower” Act does not permit disclosures which would diminish or impair the rights of any person or public official to the confidentiality of records or working papers that are protected by statute or common law.

 

REFERENCES