Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 6 - Division of Family and Children's Services › Chapter 1 - DFCS Policy Manual › Section 18-6-1-A - Administration › Subpart I - ADMINISTRATION › Section 18-6-1-A-I-XIII - ANTI-RETALIATION POLICY

Current through June 25, 2024
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.
A.
Steps for
					 Reporting Retaliation
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.