The bill prohibits a county, municipality, or local education provider from imposing any disciplinary action against an employee on account of the employee's statements to any person about the local government that the employee reasonably believes to show: • A violation of a state or federal law, a local ordinance or resolution, or a local education provider policy; • A waste or misuse of public funds; • Fraud; • An abuse of authority; • Mismanagement; or • A danger to the health or safety of students, employees, or the public. The bill permits an employee to file a written complaint with the office of administrative courts for referral to an administrative law judge alleging that a local government has imposed disciplinary action that violates this prohibition and seeking injunctive relief and damages. Employees who lose the administrative hearing may file a civil action in district court. The employee protection does not apply if the disclosure was false or made with reckless disregard for the truth or falsity thereof, or if it was of a protected public record or confidential information that was not reasonably necessary to show one or more of the identified circumstances. Administrative law judges are given jurisdiction to hear, determine, and make findings and awards on all these whistleblower cases. The director of the office of administrative courts is required to establish rules to govern these proceedings and hearings.
Year
2016
Current status
- Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/27/2016)
