§ 2-2-263. Persons protected.

(a)

Any employee or other person who discloses information on his or her own initiative and in the manner prescribed in section 2-2-260(b), is protected from retaliation based on such disclosure. Any person requested to participate in any investigation or hearing concerning a disclosure is protected from retaliation based on such participation. Any person who refuses to participate in any prohibited retaliatory actions is protected from retaliation for such refusal.

(b)

Employees or other persons are not afforded any protections as noted herein where such employees or persons:

(1)

Knowingly submit an untruthful claim or report;

(2)

Commit or intentionally participate in committing the violation or suspected violation for which protection from retaliation is being sought;

(3)

Violate any personnel rule or policy in connection with or related to the subject of the disclosure; or

(4)

Violate any contractual or regulatory provision applicable to county contracts which are the subject of or related to the disclosure.

(c)

Nothing herein precludes Manatee County from taking any personnel, contractual, or other action against any employee or other person which is predicated upon grounds other than, and would have been taken absent, the employee's or person's disclosure of information under section 2-2-260.

(d)

The provisions of this section may not be used by a person while he or she is under the care, custody, or control of the state correctional system or the county sheriff, or after release therefrom, with respect to circumstances that occurred during any period of incarceration.

(Ord. No. 04-35, § 4, 1-6-04)