§ 2-77. Procedure for disclosing certain information.

(a)

Employees or other persons who have information concerning the following categories are required to disclose that information to the village manager or his designee:

(1)

Any violation or suspected violation of any federal, state, or local law, rule or regulation committed by an employee or agent of the village or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare.

(2)

Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of the village or independent contractor.

(b)

The information must be disclosed on the employee's or person's own initiative, be in writing, and be signed by the employee or person making the disclosure. If the village manager is the subject of the complaint, the information must be disclosed to village attorney.

(c)

The name or identity of any individual who discloses in good faith to the village manager or his designee information concerning any of the categories stated in subsection (a), shall not be disclosed to anyone other than appropriate village staff without the written consent of the individual, unless the village manager or his designee determines that the disclosure of the individual's identity is necessary to prevent a substantial and specific danger to the public health, safety or welfare or to prevent the imminent commission of a crime; or the disclosure is unavoidable and absolutely necessary during the course of the investigation.

(d)

All information received by the village manager or his designee or information produced or derived from fact-finding or investigations conducted pursuant to this program is confidential and exempt from section 119.07(1), Florida Statutes, if the information is being received or derived from allegations set forth in subsection (a) and an investigation is active.

(e)

Information deemed confidential may be disclosed by the village manager or his designee if the recipient determines that the disclosure of the information is absolutely necessary to prevent a substantial and specific danger to the public's health, safety or welfare or to prevent the imminent commission of a crime.

(f)

Information disclosed under subsection (e), may be disclosed only to persons who are in a position to prevent the danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime based on the disclosed information.

(g)

An investigation is active if:

(1)

It is an ongoing investigation or inquiry or collection of information and evidence and is continuing with a reasonable, good faith anticipation of resolution in the foreseeable future; or

(2)

All or a portion of the matters under investigation or inquiry are active criminal intelligence information or active criminal/investigative information as defined in Section 119.011, Florida Statutes.

(h)

An investigation ceases to be active when a final decision is rendered by the village manager or the village attorney.

(Ord. No. 09-11, § 2, 7-16-2009)