Whistleblower Policy

 

Purpose

The Library is committed to the principles of integrity, accountability, and openness. To support these principles, the Library is committed to creating conditions under which significant wrongdoing can be reported and addressed. Whistleblowers are defined as people who call attention, in good faith, to an act of wrongdoing in an attempt to have the activity addressed.

Scope

This policy applies to all staff, volunteers, and Board members and establishes a process for reporting and investigating suspected acts of wrongdoing.

For the purposes of this policy, wrongdoing refers to illegal or inappropriate conduct by Board members, staff, and volunteers.

Examples of wrongdoing include:

• conduct that is contrary to or violates Board approved policies or is unethical or potentially damaging to the reputation of the organization.
• wrongful or unauthorized acquisition, use, appropriation or disposal of Library assets including money, information, data, materials, labour, privileged access or equipment.
• actions likely to cause serious harm to people, public safety, property, or the environment.
• negligence of duty.
• any deliberate mishandling of money or information.
• matters of a criminal nature should be addressed by law enforcement.

Reporting

All staff, volunteers and Board members have a responsibility to report instances of suspected wrongdoing as defined in this policy.

Individuals who believe they have witnessed an act or acts of wrongdoing should report the incident (s) immediately to the CEO. In the event the complaint is about the CEO, a report should be brought to the Board chair. Board members who wish to make a report about other board members should bring their report to the Board Chair. Whistleblower allegations about the the Board Chair may be addressed by the committee of the whole or may be addressed to the mayor or a member of Council.

It is acceptable for whistleblower reports to be submitted anonymously.

Reports of wrongdoing are a serious matter. Individuals making a report of suspected wrongdoing should have reasonable grounds for believing the details of their report to be true. Knowingly making false allegations or making allegations in a malicious manner is viewed as wrongdoing. Reports found to be frivolous, false and malicious, or in bad faith will be dealt with in accordance with this policy. Employees making such a complaint may be subject to discipline, up to and including dismissal.

Supervisors and Managers

Supervisors and managers are responsible for taking all reasonable steps to prevent and stop wrongdoing in their area of responsibility. People leaders at all levels of the organization are responsible for directing whistleblowers who bring concerns to them to make a report to the CEO as soon as possible.

Investigation

Investigations into alleged reports will commence within 10 days of a complaint being filed.

The CEO and / or Board Chair will be responsible to:

• determine the veracity of allegations of wrongdoing or retaliation
• determine whether a reported act is indeed wrongdoing
• take appropriate steps if allegations are found to be true
• administer punitive actions if allegations were falsely made

Unless otherwise prevented by law, whistleblowers and individuals about whom allegations are made are entitled to receive written documentation about the report. Both parties are additionally entitled to receive a written report at the end of the investigation. The report may also be shared with legal counsel and appropriate authorities as warranted.

Documentation from whistleblower investigations will be kept and stored according to the conditions described in internal policy HR-07-05 Records Retention.

The CEO will conduct a review of each incident where wrongdoing was found to have occurred. The CEO will ensure follow-up measures are taken to mitigate the risk of similar future occurrences.

Confidentiality

The CEO will make every reasonable effort to maintain the confidentiality of those reporting wrongdoing, including protecting their identity. Information collected and retained may be required by law to be shared with the appropriate authorities, including the release of information that is required for court or other legal proceedings.

Confidentiality extends to all records relating to reports, including but not limited to, meetings, interviews and investigation results. Personal information, including the identity of the person reporting the suspected wrongdoing, will be protected in accordance with the Freedom of Information and Protection of Privacy Act, R.S.O. 1990. Individuals making a report, investigators, witnesses, and individuals against whom a report has been made are expected to maintain confidentiality. Breaches of confidentiality may be regarded as wrongdoing and will be treated accordingly.

Protection from Retaliation

Any form of retaliation, discrimination or reprisal against an employee because that person reported wrongdoing in good faith or because that person acted as a witness or otherwise participated in an investigation in good faith will be considered a serious violation of this policy. Such retaliatory actions are themselves considered to be wrongdoing and may result in discipline up to and including dismissal.

If an employee believes that they have been subjected to retaliation as set out above, that person may submit a written report to the CEO who will ensure the allegation is appropriately investigated.

Where staff members come forward to report their own wrongdoing under this policy, they will not be exempt from discipline appropriate to the wrongdoing; however, such reporting will be given appropriate consideration as a mitigating factor and these instances will be dealt with on an individual basis in accordance with this policy.

Legal Fees

Should an employee or volunteer against whom a whistleblower complaint has been made elect to retain legal counsel, they will remain solely responsible for any legal fees incurred.

Legislation

If any portion of this policy is found to be inconsistent with relevant federal or provincial legislation, the law will take precedence. In such cases, only portions specifically in conflict with the law will be overridden by the legislation.

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Document Record

January 2014 – Initial Release
September 2025 – Reviewed