REGULATIONS FOR REPORTING VIOLATIONS AND PROTECTION OF PERSONS REPORTING VIOLATIONS AND RIGHTS

 AT THE ARCHAEOLOGICAL MUSEUM OF THE MIDDLE ODRA IN ZIELONA GÓRA

Annex No. 1 to the Ordinance

§ 1. Legal basis

These Regulations have been developed on the basis of the provisions of:

1.  Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting on breaches of Union law (OJ L 305/17, 2019).

§ 2. Purpose

1.  The purpose of these Regulations is:

•  Protection of persons reporting abuse or negligence in the operation of the Archaeological Museum of the Middle Oder in Zielona Góra,
•  Promoting the reporting of violations and irregularities in order to reveal and eliminate them
•  Protection of the interests of the Archaeological Museum of the Central Oder in Zielona Góra and persons and entities participating in its activities, as well as potential participants.

§ 3. Definitions

The following definitions are used in the regulations:

1.   Museum – Archaeological Museum of the Middle Oder,

2. Reporting Person – the person making the report. A person who works or has worked, or maintains or has maintained contact in a work-related context, in particular:

•  The employee, even if the employment relationship has already ended,
•  A person applying for employment who has received information about a violation of the law in the recruitment process or negotiations preceding the conclusion of a contract,
•  A person performing work on a basis other than an employment relationship, including a civil law contract,
•  A person performing work under the supervision and direction of a contractor, subcontractor or supplier, including under a civil law contract,
•  Contractor,
•  Trainee,
•  Volunteer.

A person who assists a reporter in making a report or public disclosure in a context related to the work or activities of the Museum.

1.  Person concerned by the report – the person who committed the violation of the law or with whom the person is associated.
2.  Internal reporting – providing information about irregularities and violations of law to the Museum,
3.  External reporting – providing information about irregularities and violations of law to external bodies or making information about violations public,
4.  Violation – conduct or action of the Museum inconsistent with generally applicable legal provisions, standards or internal regulations of the Museum, including in particular through abuse or negligence committed by persons acting on behalf of or for the benefit of the Museum,
5.  Investigation – action taken by the Team for Reporting Irregularities and Violations of Law, established by a separate order, including the receipt and verification of reports, internal investigation, and investigation.
6.  Feedback – providing the reporting party with information on planned or undertaken follow-up actions and the reasons for such actions.
7.  Retaliatory actions – reactions and actions taken against a Whistleblower in connection with a report submitted by them, which may result in negative consequences for them, which include in particular repressive actions, discrimination or other types of unfair treatment such as: reduction of remuneration, limitation of opportunities for professional development or promotion, or other discriminatory or mobbing actions.
8.  Person accepting the application – MAŚN administration and human resources specialist responsible for the implementation of the Program.

§ 4. General provisions

1.  The Internal Regulations formalize the adopted rules for reporting actual or potential violations by employees, persons performing activities on behalf of the Museum, or other persons and entities.
2.  The principles for reporting violations adopted in the Regulations are intended to:

•  Providing the Reporting Person with a confidential procedure for reporting reasonably justified suspicions as to whether violations or irregularities have occurred or may have occurred, while ensuring that the matters reported by them will be treated and explained with due seriousness, impartiality, fairness, objectivity and full confidentiality,
•  Ensuring confidentiality and protection against retaliatory actions taken against the Reporter acting in accordance with the Regulations and applicable law.

The Regulations are an internal act of the Museum and their provisions apply to all Museum employees as well as persons and entities performing activities for the Museum.

§ 5. Submissions

1.  Anyone who becomes aware of information about violations occurring while performing work or tasks for the Museum, on its behalf, or in its interest should immediately report them, specifying the facts, events, and circumstances known to them. These individuals should act in good faith and based on reasonable factual elements and legal grounds.
2.  Every person or entity cooperating with the Museum should support the Museum in its activities aimed at ensuring compliance with the provisions of these Regulations.
3.  Failure to comply with the obligation to submit the notification referred to above may result in adverse consequences for the person or entity cooperating with the Museum who evades this obligation.
4.  The report and the Investigation Procedure are confidential and are examined with due diligence.
5.  All Notifications are reviewed only by authorized persons based on authorizations issued by the Museum Director, subject to the need to forward the Notification under separate legal provisions.
6.  Applications will not be considered if they are found to be manifestly unfounded or if it is completely impossible to verify the circumstances cited in the Application.
7.  The lack of sufficient information necessary to reliably clarify the Irregularities may be tantamount to discontinuation of the Explanatory Proceedings.
8.  The person submitting a Report in good faith, the person on whose behalf the Report was submitted, and the entities to which the Report pertains are entitled to Protection, including identity protection. Provided the Report is submitted in good faith, even if it proves untrue, it cannot constitute a basis for liability or consequences for the Reporter. In particular, the person submitting the Report and the person on whose behalf the Report was submitted have the right not to disclose any data that allows for their identification, and the fact of submitting the Report must not have any negative impact on their demotion, omission for promotion, reduction in salary, or termination of their employment or collaboration contract. Protection applies to individuals who:

•  They are convinced of the veracity of the Reports made,
•  They do not act maliciously,
•  They do not expect personal or material benefits.

9. If it is determined during the investigation that the irregularity report was knowingly false or concealed, the reporting employee may be held liable for disciplinary action as defined in the Labor Code. Such conduct may also be classified as a serious breach of employment duties and, as such, result in termination of employment without notice. In the case of a reporting person providing services or goods to the Museum under civil law, a finding of false reporting may result in the termination of that contract and the definitive termination of the cooperation between the parties. Regardless of the consequences indicated above, a reporting person who knowingly submits a false report may be held liable for damages.

§ 6. Submitting reports

1.  Internal reporting may be made orally, on paper or electronically (Appendix No. 1).
2.  Oral notification may be made in the form of a personal meeting at the request of the reporting person – during a direct meeting organized at a place indicated by the Employer with the person accepting the notification within a specified period, not longer than 7 days from the date of submission of the request.
3.  The person receiving the report prepares a written note of the meeting regarding the subject of the Report.
4.   The paper application can be sent to the following address:

•  Archaeological Museum of the Middle Oder, Długa Street 27, 66-008 Świdnica
•  By placing the application in a dedicated box located in the secretary’s office. Address as above.

5. The notification in electronic form can be submitted to the following e-mail address:  sygnalisci@muzeum-swidnica.org

1. In order to enable objective proceedings, the Reporting Person is advised to indicate in the Report at least: the date and place of the event, a detailed description of the matter that is the subject of the Report, details of persons who may or could be involved in the case and the personal data of the Reporting Person.

2. The notification may be of the following nature:

•  Public, when the reporting person agrees to full disclosure of identity, both to the persons involved in the investigation and to third parties,
•  Confidential, when the Applicant’s data is protected against access by unauthorized persons, in particular by keeping the Applicant’s data confidential.

1. Confirmation of receipt of the application by the Applicant shall be made within 7 days of receipt, unless the Applicant has not provided an address to which the confirmation should be sent.

2. The maximum deadline for providing feedback to the Applicant is 3 months from confirmation of receipt of the application.

3. The person accepting the Report may ask the Reporting Party to provide additional information supplementing the Report.

4. The above reporting channels are also available to Contractors, Business Partners and entities performing any activities on behalf of or for the benefit of the Museum.

§ 7. Protection of the Applicant

1. By establishing internal regulations, the Museum ensures the impartiality of the verification of reports and guarantees the confidentiality and protection of reporting persons, persons assisting in submitting the report, as well as persons associated with the reporting person.

2. A person who reports in good faith is protected against any form of unequal treatment, and in particular against discrimination or repression, even if the explanatory proceedings prove that no irregularity has occurred.

3. Repressive, discriminatory or other types of unfair treatment are not tolerated against:

•  Person submitting the Report,
•  Persons participating in the investigation,
•  A person assisting in submitting the Report.

1. Violations of the above rule may constitute grounds for disciplinary action.

2. An employee who has experienced any retaliatory action that is or may be a consequence of making a Report should immediately inform the Head of Administration and Human Resources.

3. The Applicant who has not consented to the disclosure of his or her identity will be guaranteed anonymity throughout the proceedings, except for situations in which the disclosure of the Applicant’s identity is required under generally applicable law.

4. The personal data of reporting individuals will be deleted after the time necessary to achieve the purpose of processing, i.e., to clarify the irregularity covered by the report. Immediately after achieving this purpose, the personal data contained in the report will be deleted, while other information contained in breach reports and information on any follow-up actions taken will remain in the systems for a period of 5 years, counted from the first day of the year following the year in which the information was developed, maintained, or prepared.

§ 8. Explanatory proceedings

The Museum Director appoints members of the Team for Reporting Irregularities and Violations of Law to carry out initial verification, take follow-up actions and process personal data in connection therewith.

1.   The Museum Director grants written authorizations to persons receiving reports as well as to members of the Team for Reporting Irregularities and Violations of the Law.
2.   Authorized persons are obligated to maintain confidentiality.
3.  If an internal report was received by an unauthorized employee, that employee is obliged to:

•  Not disclosing information that may lead to the identification of the person making the report or the person to whom the report relates,
•  Immediately forward the report (internal and/or external) to an authorized employee of the Museum or the competent public authority, without making any changes to the report.

1. Receiving and verifying internal reports, taking follow-up actions and related processing of personal data:

•  Prevents unauthorized persons from gaining access to information covered by an internal report,
•  It ensures the confidentiality of the identity of the person making the report and the person concerned.

The person receiving the notification registers the notification in the notification register.

1.  The person receiving the Report shall each time inform the Museum Director about the initiation of explanatory proceedings in connection with the Report received, providing information about the subject of the Report.
2.  Based on the information obtained from the person receiving the report, the Museum Director appoints a Team for reporting irregularities and violations of law in order to conduct an investigation.
3.  The purpose of the explanatory proceedings is to establish the factual circumstances and clarify any doubts regarding the situation presented in the Report.
4.  After completing the proceedings, the Team conducting the proceedings prepares a report which, together with conclusions and a proposal for the further course of the proceedings, is submitted to the Museum Director.
5.  Depending on the results of the investigation, the Museum Director will decide on further actions, including notifying the appropriate law enforcement authorities if there are indications of a violation of the law.
6.  In cases where the reports concern the Director of the Museum or when the circumstances of the case justify it, the decision referred to in point 6 above shall be made by the Mayor of Zielona Góra.

§ 9. Final provisions

1.  Compliance with the provisions of the Regulations does not exempt from the application of generally applicable provisions of law.
2.  The Regulations apply to all Museum employees as well as persons and entities performing activities for the Museum.
3.  Each employee reads the content of the Regulations and confirms it with their own signature.
4.  Employees should strictly adhere to the adopted rules set out in the Regulations.
5.  An employee of the Administration and Human Resources department provides support in the interpretation of the provisions of the Regulations.

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FORM FOR REPORTING VIOLATIONS IN  MAS

Date of preparation: ……………………………………………………………………………………………………………………………..

Named application: Name and surname: …………………………………………………………………………………………………………………………….Contact details: ……………………………………………………………………………………………………………………………..

What area does your report concern?Corrupt activityConflict of interestMobbingOther: …………… …

Report content: Describe in detail your suspicions and the circumstances of their occurrence, to the best of your knowledge; provide details of the persons who committed the irregularities covered by the report; provide details of persons who may have become victims of the irregularities; what behavior/action you wish to report; when the incident occurred; whether you have already notified anyone about the incident; whether there are any relationships between the persons indicated above; What effects have the irregularities you described caused or may cause?………… …

Optional: Evidence and witnesses…………………………………………………………………………………………………………………………………………..…………..…………………………………………………………………………………………………………………………………………..…………..…………………………………………………………………………………………………………………………………………..…………..…………………………………………………………………………………………………………………………………………..………………..………………………………………………………………………………………………………………………………..………………..……………………………………………………………………………………………………………………..

Declaration of the person submitting the report. I declare that I am acting in good faith and have a reasonable belief that the disclosed information is true; I am not making the report for the purpose of gaining any profit; the disclosed information is consistent with the state of my knowledge and I have disclosed all facts and circumstances known to me regarding the report; I am familiar with the applicable procedure for reporting violations of the law and taking follow-up actions ……………………………………………………………………………………………. Date and legible signature of the person submitting the report