The Lucile Packard Foundation for Children’s Health requires all staff, board members and volunteers to observe the very highest standards of business and personal ethics at all times. As representatives of the Foundation, honesty and integrity are of utmost importance in all that we do.
It is the responsibility of all employees to immediately report any and all irregularities or suspicious activities of which they become aware, that might indicate the actual or suspected existence of fraud, embezzlement or any activity that may present a physical danger to people or property. “Irregularities” include, but are not limited to, any facts such as the use by anyone of improper operation procedures, suspicious activities or the violation of any federal, state or local law, regulation or statute.
If an individual becomes aware or suspicious of any irregularity at the Foundation, it is their responsibility to report the facts of which they are aware to the Human Resources Department, the Senior Vice President for Development and Administration, the Chief Financial Officer and/or the President/CEO. If the employee is reporting activity that involves the CEO or any member of Executive management or if they believe for any reason that reporting to any of the above cited managers may be ineffective, they may report it directly to the Chairman of the Board of Directors of the Foundation. Foundation policy prohibits retaliation against anyone who reports a legitimate concern about possible irregularities, violations of any law.
The Foundation also provides all employees with 24-hour access to a toll-free telephone number which may also be used to report these types of concerns. While employees may use this method to report concerns anonymously, in order to better respond to concerns reported it is helpful if employees do identify themselves and provide their contact information when making a report. To the greatest extent possible all information will be treated with utmost confidence. That telephone number is 1-877-888-0002 and is hosted by “The Network”, an independent private organization not affiliated with the Foundation. Caller ID will not be activated when calling the toll-free number.
The following list, while not all-inclusive, describes the types of improprieties that should be reported:
- Supplying false or misleading information on the Foundation’s financial or other public documents, including its tax return (Form 990);
- Providing false information to or withholding material information from the Foundation’s board of directors or auditors;
- Destroying, altering, mutilating, concealing, covering up, falsifying, or making a false entry in any records that may be connected to an official proceeding, in violation of federal or state law or regulations;
- Altering, destroying or concealing a document, or attempting to do so, with the intent to impair the document’s availability for use in an official proceeding or otherwise obstructing, influencing or impeding any official proceeding, in violation of federal or state law or regulations;
- Embezzlement, self-dealing, private inurement (i.e., Foundation earnings inuring to the benefit of an individual) and private benefit (i.e., Foundation assets being used for personal gain or benefit);
- Payment for services or goods that are not rendered or delivered;
- Violation of the Foundation’s Statement of Values and Code of Ethics, Conflicts of Interest Policy, Anti-Harassment/Bullying Policy, Equal Employment Policy or other Foundation Policy.
- Facilitating or concealing any of the above or similar actions.
The failure of any individual to report irregularities or suspicious activities of which they are aware may subject the individual to disciplinary action, up to and including termination of employment.
Whistleblower Rights, Responsibilities and Protections
The public policy of the State of California (AB1509) is to encourage employees to notify an appropriate government or law enforcement agency when they have reason to believe their employer is violating laws that protect employees or the general public, and to protect employees who refuse to participate in activities of an employer that would result in a violation of law.
Whistle-blower protection laws are designed to encourage employees to report illegal activities in the workplace. Under SB496 employees have whistle-blower protection when they report suspected wrongdoing in the workplace to Foundation management or government agencies that investigate and enforce laws. An employer may not retaliate against the employee for reporting actual or suspected violations to anyone who has the authority to investigate, discover and correct the issue, including their direct manager. Employees are also protected from retaliation if the employer believes that the employee disclosed or may disclose information related to violations or irregularities.
This law also provides prohibits retaliation against an employee whose family member is a “whistleblower” or a perceived “whistleblower”, including complaints to the Labor Commissioner and for any health or safety violations.
The California Attorney General has a Whistleblower Hotline to receive calls regarding possible violations. Generally, information given on the Whistleblower Hotline will be held in confidence, including the identity of the caller. Whistleblower Hotline: California Attorney General, Whistleblower Hotline (800) 952-5225.