Local Government Employee Whistleblower Protection

The bill prohibits a county, municipality, or local education provider (local government) from initiating or administering disciplinary action against an employee on account of the employee's disclosure of information. 'Disclosure of information' means 'the written provision of evidence to any person, or the testimony before any committee of the general assembly, regarding any action, policy, regulation, practice, or procedure, including, but not limited to, the waste of public funds, abuse of authority, or mismanagement'. To be protected, the employee must make a good faith effort to provide his or her supervisor or appointing authority or the governing body of the local government with the information to be disclosed prior to the time of its disclosure.

The bill sets up a process where an administrative law judge may consider an employee's written complaint of a violation of the prohibition against retaliating for the disclosure of information, but this process is only available if the local government does not object. Otherwise, the employee may bring an action in the appropriate district court of the state alleging a violation of the prohibition.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)