Text: SF02103 Text: SF02105 Text: SF02100 - SF02199 Text: SF 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, an employee may be required to inform the 1 18 person that the employee made a disclosure of information 1 19 permitted by this section if the employee represented that the 1 20 disclosure was the official position of the employee's 1 21 immediate supervisor or employer.However, thisThis 1 22 paragraph does not apply if the disclosure of the information 1 23 is prohibited by statute. 1 24 Sec. 2. Section 70A.28, subsection 1, Code 1995, is 1 25 amended to read as follows: 1 26 1. A person who serves as the head of a state department 1 27 or agency or otherwise serves in a supervisory capacity within 1 28 the executive branch of state government shall not require an 1 29 employee of the state to inform the person that the employee 1 30 made a disclosure of information permitted by this section and 1 31 shall not prohibit an employee of the state from disclosing 1 32 any information to a member or employee of the general 1 33 assembly or from disclosing information to any other public 1 34 official or law enforcement agency if the employee reasonably 1 35 believes the information evidences a violation of law or rule, 2 1 mismanagement, a gross abuse of funds, an abuse of authority, 2 2 or a substantial and specific danger to public health or 2 3 safety. However, an employee may be required to inform the 2 4 person that the employee made a disclosure of information 2 5 permitted by this section if the employee represented that the 2 6 disclosure was the official position of the employee's 2 7 immediate supervisor or employer. 2 8 Sec. 3. Section 70A.28, subsection 2, Code 1995, is 2 9 amended to read as follows: 2 10 2. A person shall not discharge an employee from or take 2 11 or fail to take action regarding an employee's appointment or 2 12 proposed appointment to, promotion or proposed promotion to, 2 13 or any advantage in, a position in a state employment system 2 14 administered by, or subject to approval of, a state agency as 2 15 a reprisal for a failure by that employee to inform the person 2 16 that the employee made a disclosure of information permitted 2 17 by this section, or for a disclosure of any information by 2 18 that employee to a member or employee of the general assembly, 2 19 or a disclosure of information to any other public official or 2 20 law enforcement agency if the employee reasonably believes the 2 21 information evidences a violation of law or rule, 2 22 mismanagement, a gross abuse of funds, an abuse of authority, 2 23 or a substantial and specific danger to public health or 2 24 safety. However, an employee may be required to inform the 2 25 person that the employee made a disclosure of information 2 26 permitted by this section if the employee represented that the 2 27 disclosure was the official position of the employee's 2 28 immediate supervisor or employer. 2 29 EXPLANATION 2 30 This bill provides that a person who serves in a 2 31 supervisory capacity within the executive branch of state 2 32 government shall not require an employee of the state to 2 33 inform that person that the employee made a disclosure of 2 34 information otherwise permitted by section 70A.28, relating to 2 35 public officers and employers, to be made to the general 3 1 assembly or any other public official or law enforcement 3 2 agency. The bill also provides that no adverse employment 3 3 decision can be made by a person involved with state govern- 3 4 ment as a reprisal for a state employee not informing that 3 5 person that a disclosure of information otherwise permitted by 3 6 section 19A.19, relating to the state merit employment system, 3 7 or section 70A.28, was made. However, the bill provides that 3 8 the employee may be required to inform the relevant person 3 9 that a disclosure was made if the employee represents that the 3 10 information is the official position of the employer. A 3 11 violation of this protection constitutes a simple misdemeanor 3 12 and the prohibition concerning employment reprisals can be 3 13 enforced through a civil action. 3 14 LSB 3949SS 76 3 15 ec/jw/5
Text: SF02103 Text: SF02105 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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