WHISTLEBLOWING POLICY

Procedure for the report of wrongdoing and irregularities

Definition

The term whistleblower is referred to an employee of a Public Administration who reports to the bodies legitimate to intervene violations or irregularities committed against the public interest.

The report (so-called whistleblowing), in this perspective, is an act of manifestation of civic sense, through which the whistleblower contributes to the emergence and prevention of risks and situations that are detrimental to the administration of membership and, consequently, to the collective public interest.

Whistleblowing is the procedure that wants to encourage reporting and to protect the whistleblower, precisely because of its social function.

The main purpose of whistleblowing is to prevent or solve a problem internally and promptly.

 

1. NORMATIVE SOURCE AND NATURE OF THE INSTITUTION

The section 1, subsection 51, of the law 190/2012 (so-called against-corruption law) has inserted a new section, the 54 bis1, within the framework of d.lgs. 165/2001, entitled "protection of the public employee who reports wrongdoings", under which was introduced in our system a measure aimed at encouraging the emergence of wrongdoings, known in the Anglo-Saxons Countries as Whistleblowing.

 

2. PURPOSE AND OBJECTIVE OF THE PROCEDURE

The purpose of this document is to remove the causes that can impede or discourage the recourse to the institution, as the doubts and the uncertainties about the procedure to be followed and the fears of reprisal or discrimination.

 

3. SUBJECT OF THE REPORT

It doesn't exist a obligatory list of types of wrongdoing that can be subject of whistleblowing. Are considered relevant the reports concerning behaviors, risks or irregularities, consumed or tempted, against the public interest.

Whistleblowing is not related to personal complaints of the whistleblower or claims/requests that are part of the discipline of business relationship or the relations with hierarchical superior or colleagues, for which it is necessary to refer to the discipline and the procedure of competence of the Staff Service and of the Central Committee for Guaranteeing equal opportunities.

 

4. CONTENT OF THE REPORTS

The whistleblower must supply all the useful elements to consent to the competent departments to proceed with the proper and appropriate verifications that certify the validity of the facts that are subject of the reports.

Anonymous reports, namely lacking evidences that consent to identify their author, even if delivered with the procedures described in this document, will not be considered in the context of procedures aimed at protecting the public employee who reports wrongdoings, but will be treated the same way as other anonymous reports and considered for further verification only if related to facts of particular gravity and with a content which is sufficiently detailed and circumstantial. It is understood the requirement of accuracy of the reported facts or situations, in order to protect the defendant.

 

5. REPORT MODALITY AND RECIPIENTS

The Administration lets its employees and collaborators raise concerns through a software application accessible through the intranet. The software application guarantees, as from ANAC guidelines, absolute confidentiality and encryption of whistleblower's identity and content of the report, exclusively known by the recipient.

If the whistleblower holds the qualification of officeholder, the transmission of the report to the above-mentioned individuals does not exonerate from the obligation to denounce the criminally relevant facts and the hypothesis of damage to the treasury to the competent judicial authority.

 

6. ACTIVITY OF VERIFICATION OF THE VALIDITY OF THE REPORT

The management and the verification of the validity of the circumstances described in the report are entrusted to the Supervisor for the prevention of corruption who provide in accordance with the principles of impartiality and confidentiality by carrying out every activity considered appropriate, including the personal audition of the whistleblower and eventually of other people who can refer on the reported facts.

For this purpose, the Supervisor for the prevention of corruption can rely on the support an the collaboration of the competent corporate structures and, if necessary, of supervisory bodies external to the Administration (including Italian Finance Police, Provincial Labour Directorate, Municipal Police, Income Revenue Authority).

 

7. FORMS OF PROTECTION OF THE WHISTLEBLOWER (in accordance with art. 54 bis d.lgs. 165/2001 and National Against-Corruption Plan)

A) Confidentiality obligations about the identity of the whistleblower and subtraction of the right of access to the report

Excepted the cases where there is a responsibility by way of calumny and defamation in accordance with the previsions of the Penal Code or the art. 2043 of the Civil Code and of the cases where anonymity is not opposable by law, (e.g. penal, tax or administrative investigations, inspections made by supervisory bodies) the identity of the whistleblower is protected in every context following the report.

As regards, in particular, the scope of the disciplinary procedure, the identity of the whistleblower can be revealed to the disciplinary authority and to the accused only in the following cases:

if the whistleblower gives his expressed consent;

the contestation of the disciplinary charge is founded, in whole or in part, on the report and the knowledge of the identity of the whistleblower is absolutely necessary to the defense of the accused, provided that this circumstance is deduced by the accused himself and demonstrated during the hearing or by presenting statement of defense.

B) Prohibition of discrimination against the whistleblower

Regarding the employee who submits a report in accordance with this procedure is not permitted, nor tolerate any form of reprisal or discriminatory measure, whether direct or indirect, that has effects on the employee's working conditions for reasons directly or indirectly connected to the charge.

It remains the right of the employee to contact directly the Central Guarantee Committee that will give timely notice to the Supervisor for the prevention of corruption.

 

8. RESPONSIBILITY OF THE WHISTLEBLOWER

This procedure leaves unprejudiced the penal and disciplinary responsibility of the whistleblower in the case of slanderous or defamatory report in accordance with the Penal Code and art. 2043 of the Civil Code.

Are also source of responsibility, in disciplinary proceedings and in the other competent fora, any forms of abuse of this policy, such as clearly opportunistic reports and/or made for the sole purpose of damaging the accused or other persons, and any other assumption of improper use or of intentional manipulation of the institution subject of this procedure.

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