What the Ombudsman Can Do
The Ombudsman can receive complaints about a government agency from any source, including agency employees. We cannot investigate complaints from agency employees regarding employment disputes – with one exception. Iowa Code section 2C.11A allows the Ombudsman to investigate complaints from certain state employees when they allege that adverse employment action was taken against them for whistleblowing.
A whistleblower, for purposes of our investigations, is an employee who expresses concerns about agency actions that they reasonably believe demonstrate a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or that present a substantial and specific danger to public health or safety.
Can we Help?
The Ombudsman’s “whistleblower protection” law, found at Iowa Code section 2C.11A, is available only to a small percentage of Iowa’s public employees. Here is how you can determine whether the Ombudsman is empowered to investigate a complaint of retaliation by a whistleblower:
1. Are you a state employee?
If not, the complaint cannot be investigated by the Ombudsman.
2. Are you covered by a collective-bargaining agreement?
If so, the complaint cannot be investigated by the Ombudsman.
3. Are you a merit system employee?
If so, the complaint cannot be investigated by the Ombudsman.
4. Have you suffered an “adverse action?”
If not, the complaint cannot be investigated by the Ombudsman.
5. Have you been:
1) discharged?
2) denied an appointment or proposed appointment?
3) denied a promotion or proposed promotion?
4) denied any advantage in his position?
If not, the complaint cannot be investigated by the Ombudsman.
6. Did you blow the whistle to:
1) a state lawmaker or legislative staff?
2) the Ombudsman?
3) your human-resource office?
4) any public official or law-enforcement agency?
If not, the complaint cannot be investigated by the Ombudsman.
7. At the time of your whistleblowing, did you reasonably believe that the agency actions evidenced:
1) a violation of law or rule?
2) mismanagement?
3) a gross abuse of funds?
4) an abuse of authority?
5) a substantial and specific danger to public health or safety?
If not, the complaint cannot be investigated by the Ombudsman.
8. Is there cause to believe that the adverse action resulted from one of the above disclosures?
If not, the complaint cannot be investigated by the Ombudsman.
9. Was your complaint filed with the Ombudsman within 30 days of the effective date of the adverse action?
If not, the complaint cannot be investigated by the Ombudsman.
Obviously, there are a lot of hurdles for a whistleblower to jump before the Ombudsman can investigate a complaint about retaliation. Here are a few options a whistleblower may have if the Ombudsman is unable to investigate his complaint:
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Seek relief through a union. Or, if you are not in a union, seek other administrative remedies such as grievances that should be spelled out in your employee handbook or the policies of your human-resources department.
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Explore the possibility of a civil lawsuit. Iowa Code sections 70A.28 and 70A.29 are general prohibitions on state and local government agencies taking adverse actions against whistleblowers, and both provide civil remedies.
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Complain to the county attorney or attorney general. A violation of 70A.28 & 70A.29 constitutes a simple misdemeanor.
Lastly, some advice for the would-be whistleblowers:
Be familiar with your internal HR policies and protections before blowing the whistle, internally or externally.
Be aware of the provisions of Iowa Code sections 70A.28 and 70A.29 that spell out what sort of whistleblowing is protected, and what constitutes retaliation.
If you fear the response you will get internally, blow the whistle first to the Ombudsman (or DAS, or a legislator, law enforcement or other public official such as the State Auditor). If these external authorities ask you to discuss your complaint with your managers or supervisors, inform them that outside authorities are aware of your complaint. This will serve to protect you from retaliation.
Keep records of all your contacts, including timelines. Keep a detailed log of your verbal contacts and share your observations with a trusted witness, if possible. These records could be crucial if you ultimately face retaliation for your disclosures.
Think you may be a Whistleblower?
If you qualify as a whistleblower who experienced retaliation based on the guidance provided here and want to file a complaint with our office, click here:
File a Whistleblower Complaint
General Complaint
If you are an agency employee who wishes to submit a complaint that is not related to your employment and not related to retaliation for blowing the whistle, click here:
Not Sure? Contact Us!
Please contact us directly if you have any questions about whether you qualify as a whistleblower.
