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Text: HF02087 Text: HF02089 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 19A.19, unnumbered paragraph 4, Code
1 2 1995, is amended to read as follow:
1 3 A person shall not discharge an employee from or take or
1 4 fail to take action regarding an employee's appointment or
1 5 proposed appointment to, promotion or proposed promotion to,
1 6 or any advantage in, a position in a merit system administered
1 7 by, or subject to approval of, the director as a reprisal for
1 8 a failure by that employee to inform the person that the
1 9 employee made a disclosure of information permitted by this
1 10 section, or for a disclosure of any information by that
1 11 employee to a member or employee of the general assembly, or
1 12 for a disclosure of information to any other public official
1 13 or law enforcement agency if the employee reasonably believes
1 14 the information evidences a violation of law or rule,
1 15 mismanagement, a gross abuse of funds, an abuse of authority,
1 16 or a substantial and specific danger to public health or
1 17 safety. However, this paragraph does not apply if the
1 18 disclosure of the information is prohibited by statute.
1 19 Sec. 2. Section 70A.28, subsection 1, Code 1995, is
1 20 amended to read as follows:
1 21 1. A person who serves as the head of a state department
1 22 or agency or otherwise serves in a supervisory capacity within
1 23 the executive branch of state government shall not require an
1 24 employee of the state to inform the person that the employee
1 25 made a disclosure of information permitted by this section and
1 26 shall not prohibit an employee of the state from disclosing
1 27 any information to a member or employee of the general
1 28 assembly or from disclosing information to any other public
1 29 official or law enforcement agency if the employee reasonably
1 30 believes the information evidences a violation of law or rule,
1 31 mismanagement, a gross abuse of funds, an abuse of authority,
1 32 or a substantial and specific danger to public health or
1 33 safety.
1 34 Sec. 3. Section 70A.28, subsection 2, Code 1995, is
1 35 amended to read as follows:
2 1 2. A person shall not discharge an employee from or take
2 2 or fail to take action regarding an employee's appointment or
2 3 proposed appointment to, promotion or proposed promotion to,
2 4 or any advantage in, a position in a state employment system
2 5 administered by, or subject to approval of, a state agency as
2 6 a reprisal for a failure by that employee to inform the person
2 7 that the employee made a disclosure of information permitted
2 8 by this section, or for a disclosure of any information by
2 9 that employee to a member or employee of the general assembly,
2 10 or a disclosure of information to any other public official or
2 11 law enforcement agency if the employee reasonably believes the
2 12 information evidences a violation of law or rule,
2 13 mismanagement, a gross abuse of funds, an abuse of authority,
2 14 or a substantial and specific danger to public health or
2 15 safety.
2 16 EXPLANATION
2 17 This bill provides that a person who serves in a
2 18 supervisory capacity within the executive branch of state
2 19 government shall not require an employee of the state to
2 20 inform that person that the employee made a disclosure of
2 21 information otherwise permitted by section 70A.28, relating to
2 22 public officers and employers, to be made to the general
2 23 assembly or any other public official or law enforcement
2 24 agency. The bill also provides that no adverse employment
2 25 decision can be made by a person involved with state govern-
2 26 ment as a reprisal for a state employee not informing that
2 27 person that a disclosure of information otherwise permitted by
2 28 section 19A.19, relating to the state merit employment system,
2 29 or section 70A.28, was made. A violation of this protection
2 30 constitutes a simple misdemeanor and the prohibition
2 31 concerning employment reprisals can be enforced through a
2 32 civil action.
2 33 LSB 3353HH 76
2 34 ec/jw/5
Text: HF02087 Text: HF02089 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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Last update: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/02000/HF02088/960119.html
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