Mecklenburg County Bar
Approved by MCB Board of Directors 11/29/12
Statement of Policy
Directors, officers, and employees of the Mecklenburg County Bar ("MCB") are expected to observe high standards of business and personal ethics in carrying out their duties and responsibilities to the MCB. MCB directors, officers, and employees should also comply with all applicable laws and regulations in undertaking their MCB duties and responsibilities. This Whistleblower Policy is intended to encourage and enable MCB employees to raise serious concerns regarding activities within the MCB prior to seeking resolution outside the MCB. The MCB is committed to supporting MCB employees in making Protected Disclosures (as defined in this policy) and in refusing Improper Orders (as defined in this policy). The MCB is also committed to preventing retaliation against MCB employees for making Protected Disclosures or refusing Improper Orders. This policy is derived from N.C. Gen. Stat. § 126-84 et seq.
A Protected Disclosure is a report, in writing or oral, regarding activities of the MCB that is made by an MCB employee in good faith to an Appropriate Authority (as defined below) involving any of the following:
(1) A violation of state or federal law, rule or regulation;
(3) Misappropriation of MCB resources;
(4) Substantial and specific danger to the public health and safety; or
(5) Gross mismanagement, a gross waste of monies, or a gross abuse of authority.
An "Improper Order" is an order or direction from an MCB director, officer, or employee that violates state or federal law, rule or regulation, or poses a substantial and specific danger to public health and safety.
"Appropriate Authority" means a director, officer, or the Executive Director of the MCB. An Appropriate Authority, however, does not include a person the complainant believes to have been involved in conduct related to the Protected Disclosure.
No MCB employee shall suffer harassment, retaliation or other adverse consequences as a result of making a Protected Disclosure or refusing an Improper Order. Any person who retaliates against an MCB employee for making a Protected Disclosure or refusing an Improper Order will be subject to discipline.
MCB employees should make any Protected Disclosure, in writing or orally, to an Appropriate Authority.
Requirement of Good Faith
Any MCB employee making a Protected Disclosure or refusing to carry out an Improper Order must act in good faith and must have reasonable grounds for believing the information disclosed constitutes a Protected Disclosure or the order or direction refused constitutes an Improper Order. Any disclosure or refusal made maliciously or with knowledge of falsity will be viewed as a serious disciplinary offense.
Protected Disclosures may be submitted to an Appropriate Authority on a confidential basis. Such Protected Disclosures will remain confidential to the extent possible, consistent with the need to conduct an adequate investigation and the requirements of the law.
Investigation of Protected Disclosures
All Protected Disclosures will be promptly investigated by the MCB, and appropriate corrective action will be taken, if warranted. The complainant will be informed that the Protected Disclosure will be investigated and whether or not action will be taken. The MCB Executive Committee shall be informed of all such Protected Disclosures and investigations.