The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates
otherwise:
"Abuse" means an employer's or employee's conduct or
omissions that result in substantial misuse, destruction, waste, or loss of
funds or resources belonging to or derived from federal, state, or local
government sources.
"Commonwealth" means the Commonwealth of Virginia.
"Disclosure" means a voluntary formal or informal
communication or transmission of (i) any violation of any law, rule, or
regulation; (ii) gross mismanagement; (iii) a gross waste of funds; (iv) an
abuse of authority; or (v) a substantial and specific danger to public health
or safety.
"Employee" means any individual who is employed on either a
salaried or wage basis, whose tenure is not restricted as to temporary or
provisional appointment, in the service of and whose compensation is payable no
more often than biweekly in whole or in part by a Virginia governmental
agency.
"Employer" means a person supervising one or more employees,
including the employee filing a good faith report, a superior of that
supervisor, or an agent of the governmental agency.
"Executive branch agency" or "agency" means any agency,
institution, board, bureau, commission, council, public institution of higher
education, or instrumentality of state government in the executive department
listed in the appropriation act.
"Fraud" means the intentional deception perpetrated by an
individual or an organization, either internal or external to state government,
that could result in a tangible or intangible benefit to themselves, others, or
the Commonwealth, including local government, or could cause detriment to
others or the Commonwealth. Fraud includes a false representation of the facts,
whether by words or by conduct. Fraud also includes false or misleading
statements, the concealment of essential information, or information or actions
that deceive or are intended to deceive.
"Fraud and Abuse Whistle Blower Protection Act Program" or
"WBPA Program" means the policy of the Commonwealth that Commonwealth citizens
and employees of state government are freely able to report instances of
wrongdoing or abuse committed by their employing agency, other state agencies,
or independent contractors of state agencies.
"Fraud and Abuse Whistle Blower Reward Fund" or "fund" means
the fund used solely to provide monetary rewards to Commonwealth citizens who
have disclosed information of wrongdoing or abuse under the WBPA Program that
results in a recovery of at least $5,000.
"Good faith report" means a reported incident of possible
wrongdoing or abuse made without malice, for which the person reporting has
reasonable cause to believe wrongdoing or abuse occurred.
"Governmental agency" means
(i) any agency, institution, board, bureau, commission,
council, or instrumentality of state government in the executive branch listed
in the appropriation act and any independent agency;
(ii) any county, city, town, or local or regional
governmental authority; and
(iii) any local school division as defined in §
22.1-280.2:2
of the Code of Virginia.
"Hotline coordinator" means a qualified employee, designated
by a governmental agency director or chief administrator, responsible for
conducting State Fraud, Waste and Abuse Hotline investigations referred to the
agency by OSIG.
"Internal audit director" means a director of a governmental
agency internal audit program.
"Misconduct" means conduct or behavior by an employee that is
inconsistent with state, local, or agency standards for which specific
corrective or disciplinary action is warranted.
"Nonstate agency" means any public or private foundation,
authority, institute, museum, corporation, or similar organization that is (i)
not a unit of state government or a political subdivision of the Commonwealth
as established by general law or special act and (ii) wholly or principally
supported by state funds. "Nonstate agency" shall not include any such entity
that receives state funds (a) as a subgrantee of a state agency; (b) through a
state grant-in-aid program authorized by law; (c) as a result of an award of a
competitive grant or a public contract for the procurement of goods, services,
or construction; or (d) pursuant to a lease of real property as described in
subdivision 5 of §
2.2-1149
of the Code of Virginia.
"Office of the State Inspector General" or "OSIG" means the
governmental agency that conducts independent investigations, performance
audits, and other services designed to provide objective and useful information
to the Commonwealth and those charged with its governance and promotes
efficiency and effectiveness in state government executive branch agencies in
accordance with Article 1 (§
2.2-307 et seq.) of
Chapter 13.2 of the Code of Virginia.
"Public body" means any legislative body; any authority,
board, bureau, commission, district, agency, or political subdivision of the
Commonwealth, including counties, cities, towns, city councils, boards of
supervisors, school boards, planning commissions, and boards of visitors of
institutions of higher education; and other organizations, corporations, or
agencies in the Commonwealth supported wholly or principally by public funds.
"Public body" includes any committee, subcommittee, or other entity however
designated of the public body or formed to advise the public body, including
those with private sector or citizen members and corporations organized by the
Virginia Retirement System. For the purposes of this chapter, the term "public
body" does not include the courts of the Commonwealth.
"Reward" means a monetary benefit payable from the fund by
OSIG to an eligible whistle blower.
"Screening process" means OSIG's internal review to ensure
reports of information or disclosures of wrongdoing fall within the authority
of the WBPA Program.
"State Fraud, Waste and Abuse Hotline" or "hotline" means the
program (i) that provides Commonwealth citizens with a confidential and
anonymous method to report suspected occurrences of fraud, waste, and abuse in
state agencies and institutions and (ii) that provides the Commonwealth a way
to investigate such occurrences to determine their validity and make
appropriate recommendations to address deficiencies.
"Whistle blower" means a Commonwealth employee or citizen who
witnesses or has evidence of wrongdoing or abuse and who makes a good faith,
open, and public report of the wrongdoing or abuse to one of the employee's
superiors, an agent of the employer, or an appropriate authority.
"Wrongdoing" means a violation, which is not of a merely
technical or minimal nature, of a federal or state law or regulation or a
formally adopted code of conduct or ethics of a professional organization
designed to protect the interests of the public or an employee. "Wrongdoing"
includes (i) any violation of any law, rule, or regulation; (ii) gross
mismanagement; (iii) a gross waste of funds; (iv) an abuse of authority; or (v)
a substantial and specific danger to public health or safety.
