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Whistleblowers Introduction | Wrongdoing | Reprisals | Citizens' Representative role Disclosure of Wrongdoing - Form | Request for Advice - Form Frequently Asked Questions Introduction Public interest disclosure (a.k.a. "Whistleblowing") is covered under Part VI of the House of Assembly Accountability, Integrity and Administration Act ("the Act"). Part VI of the Act names the Citizens’ Representative as the investigator for public interest disclosures. The Citizens’ Representative’s legislative authority is contained at Sections 54-63 of the Act. A person has the option of making a public interest disclosure to: his or her supervisor; the clerk of the House of Assembly; a member of the audit committee, all of whom shall then refer the matter to the Citizens’ Representative for investigation; or directly to the Citizens’ Representative. The Act also directly applies to the Citizens’ Representative and his employees. In those instances the Commissioner for Legislative Standards becomes the investigator of the complaint. Wrongdoing The Act defines wrongdoing at Section 54(1)(e) of the Act. It states: (e) "wrongdoing", with respect to a member, the speaker, an officer of the House of Assembly and a person employed in the House of Assembly service and the statutory offices, means (i) an act or omission constituting an offence under this Act, (ii) gross mismanagement, including of public money under the stewardship of the commission, in violation or suspected violation of a code of conduct, (iii) failure to disclose information required to be disclosed under this Act, or (iv) knowingly directing or counseling a person to commit a wrongdoing described in subparagraphs (i) to (iii).   Top   Reprisals The Act defines "reprisal" at s. 54(d). It states: (d) "reprisal" means one or more of the following measures taken against an employee because he or she has, in good faith, sought advice about making a disclosure, made a disclosure or cooperated in an investigation under this Part: (i) a disciplinary measure, (ii) a demotion, (iii) termination of employment, (iv) a measure that adversely affects his or her employment or working conditions, or (v) a threat to take a measure referred to in subparagraphs (i) to (iv)… Complaints about reprisals are filed with the Labour Relations Board.     Top   Citizens' Representative role Investigations are covered under Section 58 of the Act: 58. (1) The investigator shall carry out investigations of matters related to allegations in a disclosure made under this Part. (2) Upon receipt of a referral the investigator shall, within 5 days, acknowledge to the person making the disclosure that the referral has been received. (3) The investigation of an allegation made in a disclosure shall be conducted as informally and expeditiously as possible. (4) The investigator shall ensure that the right to procedural fairness of all persons involved in an investigation is respected, including a person making a disclosure, witnesses and a person alleged to be responsible for wrongdoings. (5) An investigator is not required to investigate a disclosure and may cease an investigation where he or she is of the opinion that (a) the disclosure reveals allegations that are frivolous or vexatious or the disclosure has not been made in good faith; (b) the disclosure does not provide adequate particulars about the alleged wrongdoing as required under subsection 55(2); and (c) there is another valid reason for not investigating the disclosure. (6) Where, during an investigation, the investigator has reason to believe that another wrongdoing has been committed, he or she may investigate that wrongdoing in accordance with this Part. (7) Upon completing an investigation, an investigator shall report, in writing, to the clerk and the speaker on his or her findings and recommendations about the disclosure and the wrongdoing. (8) Where the matter being investigated involves the clerk, the investigator shall give a copy of the report to the speaker. (9) Where the matter being investigated involves the speaker, the investigator shall give a copy of the report to the chairperson of the audit committee. (10) The speaker, or the chairperson of the audit committee shall, if the report recommends corrective action, (a) refer the report to the auditor general, the Attorney General, the Minister of Finance or other appropriate official to take appropriate action; or (b) refer the report to the commission.       Contact the Office of the Citizens’ Representative for more information. Disclosure of Wrongdoing - Form   Top   Request for Advice - Form Frequently Asked Questions The Citizens’ Representative is the delegated investigator under Part VI of the House of Assembly Accountability, Integrity and Administration Act ("the Act"). NOTE: Public interests disclosures only relate to the House of Assembly at this time. Members and Employees of the House of Assembly and the statutory offices of the House of Assembly have the option of making a public interest disclosure to: In the case of employees, to his or her supervisor in the case of Members or employees, the Clerk of the House of Assembly a member of the audit committee, all of whom shall then refer the matter in the Citizens' Representative for investigation directly to the Citizens' Representative. The Office understands that it can be daunting to come forward with information for fear of reprisals or the belief that nothing will be done to resolve the matter. In the event the disclosure is investigated, this Office will work with Members and employees of the House of Assembly to uncover evidence of past or anticipated serious wrongdoing in a highly confidential manner. For this reason we provide answers to the following Frequently Asked Questions on public interest disclosure: 1. What is a public interest disclosure? 2. Why is it important to make a complaint? 3. What should I consider before making a complaint? 4. Can I make a complaint anonymously? 5. What information should I disclose? 6. What protection is available if you make a complaint? 7. Will I be kept informed on the progress and outcome? 8. Does the Citizens’ Representative investigate all disclosures? 9. Who do I contact?   Top   1. What is a public interest disclosure? A term commonly associated with public interest disclosure is "whistleblowing". Pursuant to the Part VI of the Act a public interest disclosure alleges "wrongdoing". Wrongdoing is defined as Acts or omissions that constitute offences under the Act gross mismanagement, including of public money under the stewardship of the House of Assembly Management Commission gross mismanagement in violation or suspected violation of a code of conduct failure to disclose information required to be disclosed under the Act knowingly directing or counseling a person to commit a wrongdoing.       Back to questions 2. Why is it important to make a complaint? First and foremost, danger to the health of individuals can be prevented, our Legislature is protected, and perpetrators can be held to account. The House of Assembly is immediately served as problems can be quickly identified, corrections can be made, and workforce morale can be restored.       Back to questions 3. What should I consider before making a complaint? Consider if you have reasonable grounds for the disclosure and whether you are making the disclosure in both good faith and in the public interest. Consider if you have sufficient evidence to substantiate the disclosure. Consider your instructions to us regarding your identity.       Back to questions 4. Can I make a complaint anonymously? You will have to disclose your identity to the Citizens’ Representative or his or her designated Investigator(s). Section 56 of the Act states "the identity of a person making a disclosure shall be kept confidential to the extent permitted by law and consistent with the need to conduct a proper investigation."       Back to questions 5. What information should I disclose? Disclosures can be made orally or in writing but by law, have to contain a description of the wrongdoing, names, dates, and whether the disclosure has been previously made and what the response to the disclosure was. If you are writing, provide a clear and factual account and attach copies of applicable documents, records or correspondence in support of the disclosure. Please mark all envelopes "private and confidential."       Back to questions 6. What protection is available if you make a complaint? Reprisals are unlawful and include disciplinary measures, demotion, termination of employment, measures that adversely affect working conditions and employment, or threats to carry out such measures. Reprisals will be considered by the Labour Relations Board. Investigators are sworn to secrecy and work in a pre-existing confidential environment. Only staff assigned to the disclosure are permitted to discuss the disclosure.       Back to questions 7. Will I be kept informed on the progress and outcome? Yes. We will notify you within five days that the disclosure has been received. You will be notified when an investigation starts and may be contacted at any point during or following the investigation. The investigation will be conducted as informally and expeditiously as possible and you will be advised of the outcome. We will carefully consider every aspect of shielding your identity and all information communicated to you will be provided in a secure and private fashion.       Back to questions 8. Does the Citizens’ Representative investigate all disclosures? Each disclosure will be carefully analyzed for possible investigation. The Citizens’ Representative has the right to refuse to investigate a matter that is considered frivolous, vexatious, made in bad faith, or for another valid reason. If the matter is not considered a disclosure or the Citizens’ Representative refuses to investigate, you will be notified of the reasons why. Where a disclosure involves criminal behaviour it will be referred to the appropriate law enforcement agency.       Back to questions 9. Who do I contact? Contact the Office of the Citizens’ Representative toll-free at 1-800-559-0079 or 729-7647 and advise you wish to make a public interest disclosure. You will be transferred immediately to the Citizens’ Representative or the Assistant Citizens’ Representative. By mail: Private and Confidential Attn: Barry Fleming, Q.C. Office of the Citizens’ Representative 4th Floor Beothuck Building 20 Crosbie Place St. John’s, NL A1B 4J6