and RCW 42.41.040, making retaliation unlawful. Former SMC 4.20.800 (1994) states:
Policy — Purpose.
Unless prohibited by State law, City employees are encouraged to
report on improper governmental action to the appropriate City or other
government official, depending on the nature of the improper
governmental action. To assist such reporting and to implement Sections
42.41.030 and 42.41.040 of the Revised Code of Washington ("RCW"),
Sections 4.20.800 through 4.20.860 provide City employees a process for
reporting improper governmental action and protection from retaliatory
action for reporting and cooperating in the investigation and/or prosecution
of improper governmental action in good faith in accordance with this
subchapter.161
The plain language of RCW 42.41.020(3) protects a whistleblower employee not
only from adverse changes to the terms and conditions of employment, but also from
the hostile actions by another employee that were encouraged by a supervisor, senior
manager, or official. By contrast, the plain language of former SMC 4.20.850(D) defines
"retaliatory action" as only an adverse change in the terms and conditions of
employment. Former SMC 4.20.850(D) states:
"Retaliate," and its kindred nouns, "retaliation" and "retaliatory action,"
mean to make, because of an activity protected under section 4.20.810,
any unwarranted adverse change in an employee's employment status or
the terms and conditions of employment including, but not limited to,
denial of adequate staff to perform duties; frequent staff changes; frequent
and undesirable office changes; refusal to assign meaningful work;
unsubstantiated letters of reprimand or unsatisfactory performance
6 Emphasis added.