Wash. Court of Appeals published opinion — 723448.pdf

RCW 42.41.030(1) gives "[e]very local government employee ... the right to

report . . . information concerning an alleged improper governmental action." RCW

42.41.040(1) makes it unlawful "for any local government official or employee to take

retaliatory action against a local government employee because the employee provided

information in good faith in accordance with the provisions of this chapter that an

improper governmental action occurred."

RCW 42.41.050 provides that if a local government adopts a program that

"meets the intent of this chapter" to protect an employee from reporting alleged

improper governmental actions and retaliation, it "shall be exemptfrom this chapter."

RCW 42.41.050 states:

Any local government that has adopted or adopts a program for reporting
alleged improper governmental actions and adjudicating retaliation
resulting from such reporting shall be exempt from this chapter if the
program meets the intent of this chapter.^
The City argues the exemption applies because the former SMC meets the intent
of the Local Government Whistleblower Protection Act. Swanson asserts the remedy

4 Emphasis added.
5 Emphasis added.

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No. 72344-8-1/17

for "retaliatory action" under the former SMC does not meet the intent of state law to

protect local government employees from hostile actions of other employees

encouraged by a supervisor or senior manager. Under the plain and unambiguous

language of chapter 42.41 RCW and the former SMC, we agree with Swanson.

The City expressly adopted the whistleblower protection ordinance to implement

state law. Specifically, the state law definition of "retaliatory action," RCW 42.41.030