18 Miss. Code. R. 6-1-A-I-XIII
A "whistleblower" is an employee of a business or government agency, who reports alleged unethical behavior to people or organizations that have the power to correct the action. The misconduct is usually a violation of a law, rule, regulation, or a direct threat to public interest, such as: corruption, embezzlement, sexual harassment, or breach of confidentiality. Anti-retaliation policy is policy that protects employees being subjected to fear tactics as a result of reporting such misconduct.
In accordance with the MDHS Ethics Policy (AP-27), employees of DFCS should report alleged unethical behavior that could affect the integrity of DFCS. Any employee reporting unethical behavior shall have his/her identity kept confidential. No employee will be subjected to retaliation (i.e. being fired, demoted, or transferred, subject of demeaning communication; or "internal exile.") due to his/her compliance with the MDHS Ethics Policy.
Reports of retaliation toward employees as a result of reporting ethics policy violation shall be fully investigated. If evidence of retaliation is found, the retaliating party will be subject to the Mississippi State Employee Handbook rules and regulations regarding disciplinary action. During the investigation of any report of employment-related retaliation against an employee, the supervisor receiving the report shall determine whether such allegation is baseless and include such determination in the written report.
If an employee feels that he/she has been subjected to retaliation due to reporting misconduct, he/she should notify the supervisor of retaliating party. If the employee does not receive resolution after reporting the retaliation to their supervisor, the employee should inform the next level of supervisor in command. The employee may continue to report the retaliation to each level of supervisor until the report reaches the Executive Director. The Executive Director's response to the report is final. The employee will need to keep a copy of detailed verification of submission of the report to each level of supervision. DFCS shall maintain the anonymity of any reporter of misconduct.
Step 1: Employee shall report the incident of retaliation to the retaliating party's supervisor, orally and in writing, within seven (7) days of becoming aware of the retaliation. The retaliating party's supervisor will have three (3) working days to answer the report in writing.
Step 2: If the matter is resolved by the employee's supervisor, no other action will be taken.
Step 3: If the employee's supervisor does not resolve the matter, the Worker may submit a written description of the retaliatory incident and the supervisor's response. The supervisor is required to give a written decision within three (3) working days.
Step 4: If the employee is not satisfied with the first supervisor's written decision, the employee may report the retaliation to the second level supervisor in command of the retaliatory incident within three (3) working days of receiving the written response.
Step 5: The second level supervisor is required to conduct an investigation of the conduct and to meet with the employee within three (3) working days of the report. The second level supervisor is required to give the employee a written response within three (3) working days of the meeting.
Step 6: If the matter is resolved by the second level supervisor, no other action will be taken.
Step 7: If the employee is not satisfied with the response from the second level supervisor, he/she should report the retaliation to the third level of supervision or designated representative in writing within three (3) working days of receiving the response from the second level supervisor. The third level supervisor is required to investigate the matter and to meet with the employee within three (3) working days of receiving the report. This supervisor is required to give a written response within three (3) working days of the meeting with the employee.
Step 8: If the matter is resolved by the third level of supervision, no other action will be taken.
NOTE: When there is no next level of supervision, the Executive Director or designated representative would be the next person to receive the report.
Step 9: If the employee is not satisfied with the response of the three (3) levels of supervisors, he/she may report the retaliation to the next level of supervision or designated representative within three (3) working days. The fourth supervisor is required to review the report and relevant information and meet with the employee within three (3) working days of the report. The Executive Director is required to present a final answer within ten (10) working days after the meeting.
Step 10: If the employee is a State service employee and not satisfied with the DFCS's final answer by the Executive Director, the employee may file an appeal with the Employees' Appeal Board.
18 Miss. Code. R. 6-1-A-I-XIII