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CP097 (Fraud Assessment and Investigation)CITY OF JANESVILLE Policy No. 97 Page 1 of 6 CITY COUNCIL POLICY STATEMENT Date Issued: 2/22/16 Reviewed: 10/10/22 General Subject: Administration Effective Date: 10/11/22 Special Subject: Fraud Assessment Cancellation Date and Investigation Supersedes Responsible Finance Office Dept/Div: PURPOSE This policy is adopted to identify responsibilities, establish procedures and controls to aid in the prevention, detection, reporting, and investigation of possible cases of fraud involving the City of Janesville’s operations, resources and/or finances. This policy applies to any actual or suspected fraud involving a City employee (including management), City Councilmember, consultant, vendor, contractor, outside agency, or any person conducting business with the City. STATEMENT OF POLICY The City of Janesville does not tolerate any type of fraud. The City of Janesville’s policy is to promote consistent, legal, and ethical behavior by assigning responsibility for reporting fraud and providing guidelines to conduct investigations of suspected fraudulent behavior. POLICY VIOLATIONS Failure to comply with this policy subjects an employee to disciplinary action up to and including termination of employment. Failure to comply by a consultant, vendor, contractor, outside agency, or any other person conducting business with the City can result in cancellation of the relationship with the City. The City of Janesville will pursue prosecution if investigation results indicate possible criminal activity. DEFINITIONS For the purposes of this policy “fraud” refers to, but is not limited to: • Any dishonest or fraudulent act • Misappropriation of funds, securities, supplies, or other assets • Impropriety in the handling or reporting of money or financial transactions CITY OF JANESVILLE Policy No. 97 Page 2 of 6 CITY COUNCIL POLICY STATEMENT Date Issued: 2/22/16 Reviewed: 10/10/22 General Subject: Administration Effective Date: 10/11/22 Special Subject: Fraud Assessment Cancellation Date and Investigation Supersedes Responsible Finance Office Dept/Div: • Profiteering as a result of insider knowledge of City activities • Disclosing confidential and proprietary information to outside parties • Disclosing to other persons securities activities engaged in or contemplated by the City • Accepting or seeking anything of material value from contractors, vendors, or persons providing services / materials to the City. • Destruction, removal, or inappropriate use of records, furniture, fixtures, and equipment; and/or • Any similar or related irregularity FRAUD REPORTING It is the responsibility of every employee to immediately report suspected fraud or other dishonest conduct. Reporting protocol for suspected fraud is as follows: Within a Department: • Department Head and City Manager Involving a Department Head: • City Manager and Deputy City Manager Involving the City Manager: • Council President and Council Vice President Involving a City Councilmember: • City Manager and City Attorney Involving a Vendor/Contractor: • Department Head and City Manager CITY OF JANESVILLE Policy No. 97 Page 3 of 6 CITY COUNCIL POLICY STATEMENT Date Issued: 2/22/16 Reviewed: 10/10/22 General Subject: Administration Effective Date: 10/11/22 Special Subject: Fraud Assessment Cancellation Date and Investigation Supersedes Responsible Finance Office Dept/Div: This policy includes a form that employees can use to report the suspected fraud or dishonest activity. Those who the fraud is reported to are to accept and acknowledge receipt of the fraud reporting form. It is by design that a form be completed and that two individuals are to be involved when a suspected fraud is reported. This process is meant to give those reporting fraud assurances that superiors are taking the report seriously and are acting in good faith to investigate. Any reprisal against an employee or other reporting individual because that individual, in good faith, reported a violation is strictly forbidden. ADDITIONAL RESPONSIBILITIES OF SUPERVISORS/DEPARTMENT HEADS/ CITY MANAGER/ AND CITY COUNCIL All employees have the responsibility for reporting fraud or dishonest behavior. However, supervisors and other City management personnel have an additional duty to undertake deterrence and detection actions. These actions include: 1. Awareness of risk for fraudulent or dishonest acts in their respective Departments. 2. Placement and maintenance of effective monitoring of control procedures to prevent fraudulent or dishonest activity. 3. Placement and maintenance of effective monitoring of control procedures to detect fraudulent or dishonest activity promptly if prevention efforts fail. Authority to carry out these additional responsibilities may be delegated. However, accountability for their effectiveness will remain with Department Heads. INVESTIGATIVE STANDARDS The following shall guide all investigations into potential fraudulent behavior/actions or dishonest behavior: CITY OF JANESVILLE Policy No. 97 Page 4 of 6 CITY COUNCIL POLICY STATEMENT Date Issued: 2/22/16 Reviewed: 10/10/22 General Subject: Administration Effective Date: 10/11/22 Special Subject: Fraud Assessment Cancellation Date and Investigation Supersedes Responsible Finance Office Dept/Div: 1. Those investigating possible fraud must observe strict confidentiality and should not discuss the case, facts, suspicions or allegations with anyone unless specifically asked to do so by the City Manager, Council President, or law enforcement. 2. Those involved in investigating fraudulent or dishonest behavior may assign responsibility for all or part of any investigation to the Janesville Police Department, City Attorney, or other person or agency that may be warranted. 3. No person shall communicate with the suspected individual or organizations about the matter under investigation or alert suspected individuals that an investigation is under way. 4. All investigations are to be carried out in an impartial and confidential manner, without regard to the suspected individual’s length of service, position/title, or relationship with the City. 5. Every effort will be made to protect the rights and reputations of everyone involved, including the individual who in good faith alleges perceived misconduct as well as the alleged violator(s). 6. The investigator(s) will have free and unrestricted access to municipal records. They shall have authority to examine, copy or remove all or any portion of files, desks, physical or electronic storage facilities without prior knowledge or consent of any individual who might use or have custody of such items or facilities when it is within the scope of the investigation or related follow-up procedures. 7. All records collected as part of the investigation are to be kept secure at all times by the investigator(s). 8. All employees shall provide the investigators all factual and relevant details relating the alleged fraud or dishonest behavior to the best of their knowledge, without partiality or prejudice to any person. 9. All inquiries regarding alleged fraud or dishonest behavior CITY OF JANESVILLE Policy No. 97 Page 5 of 6 CITY COUNCIL POLICY STATEMENT Date Issued: 2/22/16 Reviewed: 10/10/22 General Subject: Administration Effective Date: 10/11/22 Special Subject: Fraud Assessment Cancellation Date and Investigation Supersedes Responsible Finance Office Dept/Div: and/or its follow up investigation shall be referred to the City Manager or in cases involving the City Manager the Council President, including but not limited to those from an attorney, press, law enforcement and the person(s) under investigation. INVESTIGATIVE PROCEDURES The City Manager has primary responsibility for coordinating the investigation of reported fraudulent and dishonest activity and the associated interaction with law enforcement and other parties to the investigation. In cases involving the City Manager, the City Council President shall have this responsibility. Once a report of a suspected fraudulent activity is received in accordance with this policy, the complaint shall be documented using the reporting form. A preliminary investigation shall be conducted to determine the credibility of the report. If the report appears credible, the City Manager, or in certain cases the Council President, will prepare an incident report and provide such report to the Common Council, City Attorney, and City Auditor. The City Manager, and in some cases the Council President, will prepare a report as soon as possible after the fraud has been confirmed and shall document the content of the investigation, findings, and any disciplinary action recommended or taken as a result of the findings. The findings are to be referred to the Common Council in closed session. Each City employee or official involved in an investigation of suspected fraud or dishonest act will keep the content of the investigation strictly confidential to the full extent provided by law. Investigation results will be disclosed to the accused, the accuser, Common Council, City Attorney and District Attorney if applicable. CITY OF JANESVILLE Policy No. 97 Page 6 of 6 CITY COUNCIL POLICY STATEMENT Date Issued: 2/22/16 Reviewed: 10/10/22 General Subject: Administration Effective Date: 10/11/22 Special Subject: Fraud Assessment Cancellation Date and Investigation Supersedes Responsible Finance Office Dept/Div: DISCIPLINARY ACTION Employees who have engaged in fraudulent and dishonest activity and those who intentionally report false or misleading information may be subject to disciplinary action up to and including termination and/or criminal charges. RISK ASSESSMENT Risk assessments shall also be reviewed upon staff turnover, organizational restructuring, changing technology or other environmental changes that might occur throughout a year. CITY OF JANESVILLE FRAUD/DISHONEST BEHAVIOR REPORT FORM Today’s Date: ____________________ Name of Employee/Individual Making Report of Fraud and/or Dishonest Behavior: ______________________________ Date/Time of the Alleged Fraud and/or dishonest behavior: ______________________________ Describe Event(s): Note: if you prefer to describe what you saw instead of writing a statement then you may request that your statement be taped. You may also attach a written statement. __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Other Information you would like to provide: __________________________________________________________________________________________________ __________________________________________________________________________________________________ ___________________________________________________________ I, _____________, acknowledge that I have read the City of Janesville “Fraud Assessment and Investigation Policy.” I understand that I have the responsibility of keeping the information I just reported confidential during the investigative process. I am providing this information in good faith. I realize that if the information I am giving is false or is misleading, is meant as retribution or other motivation in order to hurt the reputation or character of the individual(s) I am reporting on, that I understand that I am subject to discipline up to and including termination of employment. __________________________________ Reporting Individual Signature and Date This report was received, receipt acknowledged, by the following individuals: ______________________________ __________________________ _________________________ Print Name Date Print Name Date Print Name Date ______________________________ __________________________ __________________________ Signature Signature Signature ______________________________ __________________________ __________________________ Title Title Title