WHAT YOU NEED TO KNOW ABOUT THE CITY “WHISTLEBLOWER” LAW
Mar 27, 2009 6:39 PM
The UFT achieved a major legislative victory when the City Council passed a new whistleblower bill into law in 2007.
This new law grants safeguards on top of the other rights and protections that UFT-represented educators may have, including tenure, the grievance process, special complaints, U-rating appeals and the New York State Whistleblower Law. It also builds on the previous city whistleblower law, which helps protect employees from being demoted, fired or disciplined in retaliation for reporting corruption, criminal activity, conflict of interest or abuse of authority by another city officer or employee.
The new law helps shield educators from retribution for reporting conduct that poses “a substantial and specific risk of harm to the health, safety or education welfare of a child” by requiring the City Department of Investigation to investigate possible retaliation.
To take advantage of the new whistleblower law’s protections, it’s vital that you know what kind of behavior you can “blow the whistle” on and to whom you must report this behavior. You must follow the specifics of the law described below in order to be protected by it.
In summary, the law applies under these specific circumstances:
In summary, the law applies under these specific circumstances:
- you reasonably believe that the conduct or behavior of the DOE officer or employee you are reporting presents “a substantial and specific risk of harm to the health, safety or educational welfare of a child” in a DOE school.
- you reported that behavior to one of eight specific offices (see list below)
- you are retaliated against as a result of your reporting the behavior to one of the eight offices.
If you have questions, you can e-mail us at any time at DefendTheIEP@uft.org
How the City Whistleblower Law Works:
- What kind of reports are protected under the law? What kind of retaliation is prohibited under the law?
The whistleblower law prohibits, with a few exceptions, a superintendent, a principal or assistant principal (and others) from taking “an adverse personnel action” against you in retaliation for your reporting to a correct person conduct of a DOE officer or employee that you reasonably believe presents “a substantial and specific risk of harm to the health, safety or educational welfare of a child” in a DOE school. If you report something that is not “a substantial and specific risk of harm to the health, safety or educational welfare of a child,” even what you are reporting is improper, the report is not covered by this law.
- To whom must I make a report?
The City whistleblower law covers retaliation against you for making a report of the type covered by the law to any one of the following:
The city public advocate The city comptroller A City Council member The chancellor A deputy chancellor It is important to note that your protection against retaliation under this law is limited to adverse personnel actions taken in response to report to a “correct” person. This law does not cover any retaliation that results from a report you make to anyone else, including your principal, an assistant principal or a similar person. Reporting wrongdoing to a UFT official does not trigger the protections of the City Whistleblower Law – you must report to one of the offices above. (The UFT, however, can help answer questions you may have; e-mail us at DefendTheIEP@uft.org.)
We strongly recommend that you keep a copy of your report and proof that it was sent.
If I file a report with a “correct” person, is that person required to act on my report?
Not necessarily. Whistleblower laws are about protecting you from retaliation if you make such a report, not about requiring the person to whom the information is reported to take any action.
What is an “adverse personnel action”?
Dismissal, suspension, discipline and a U-rating might be adverse personnel actions. If you are denied an assignment or placement without other justification, that might also be an adverse personnel action.
What does it mean to “reasonably believe” that there is “a substantial and specific risk of harm”?
What is “reasonable,” “substantial” and “specific” will be determined on a case-by-case basis after looking at the unique facts of the particular case.
To whom do I report retaliation? What happens next?
If you filed a covered report to a correct person and believe that you have been retaliated against for “blowing the whistle,” you should report it to the City of New York Department of Investigation (DOI) as well as contacting the UFT. The DOI Commissioner has designated the Special Commissioner of Investigation for the City School District of the City of New York (SCI) to investigate allegations of retaliation. If SCI finds there has been retaliation, it will issue a report to the Schools Chancellor and make a recommendation for remedying the situation. If the Chancellor refuses to follow the recommendations, the case will be reported to the mayor. The case will also be part of the DOI Commissioner’s annual report to City Council.
How do I report retaliation to the Department of Investigation?
You have a number of options:
(1) Click on the “File a Report/Complaint” link on the DOI home page;
(2) Call DOI at 212-825-5900; or
(3) Write to the City of New York Department of Investigation, 80 Maiden Lane, New York, NY 10038.
Does the whistleblower law apply only to teachers?
No. Any person employed by the DOE who is represented by the UFT has the protection of the law.
