Sponsorship scandal source 'not impressed' by Saskatoon's draft whistleblower policy
Lack of guaranteed impartial investigator a concern, says Allan Cutler
Experts say a proposed whistleblowing policy for Saskatoon city employees stacks the deck against those blowing the whistle.
The city is getting feedback from employees about the policy, which is meant to allow people to anonymously report potential wrongdoings at the city, including fraud, theft and misuse of city resources.
"I am not impressed," said Allan Cutler, who blew the whistle during the Liberal Party sponsorship scandal of the late 1990s and early 2000s and now runs his own consulting firm.
Cutler red-flagged several sections, including one stating "any individual who knowingly makes a false, malicious, frivolous or bad faith report… may be subject to disciplinary action, up to and including termination, and legal action where appropriate."
"This only creates fear," said Cutler. "Would you speak out knowing that they, management, could accuse you of making a 'false, malicious, frivolous or bad faith report'"
"This policy creates the burden of proof on the whistleblower. How do you defend yourself when management controls the documents?"
Impartial investigator not guaranteed
Cutler is also concerned about the process outlined for investigations.
"I see nothing to the effect that the investigator must always be impartial and an outside resource," he said. "In fact, based on the order, the 'independent third-party' is fourth in line to be considered," after a list that includes city management.
A J Brown, a professor of public policy and law at the Centre for Governance and Public Policy at Australia's Griffith University, said the policy is a "very welcome development."
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But he said it has the same gap as many other cities' policies.
"It says little, if anything, about what the city will do to positively support and protect its employees from detrimental outcomes or reprisal actions if they blow the whistle," he said.
"This is apart from trying to ensure confidentiality (which often doesn't exist or can't be maintained) and prohibiting (i.e. promising to discipline those who might engage in) any reprisals."
Brown said the city should appoint a person whose job it is to check in on the wrongdoing of whistleblowers from the outset.
"[The city should] not just hope that reprisals don't occur and punish them if they do, which doesn't really help the staff member who reported, as they have still suffered a reprisal," he said.
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