House File 500 - Introduced
HOUSE FILE
BY SWAIM
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to disclosures of wrongdoing by government
2 employees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1882HH 81
5 ec/gg/14
PAG LIN
1 1 Section 1. Section 8A.417, subsection 4, Code 2005, is
1 2 amended to read as follows:
1 3 4. a. A person shall not discharge an employee from or
1 4 take or fail to take action regarding an employee's
1 5 appointment or proposed appointment to, promotion or proposed
1 6 promotion to, or any advantage in, a position in a merit
1 7 system administered by, or subject to approval of, the
1 8 director as a reprisal for a failure by that employee to
1 9 inform the person that the employee made a disclosure of
1 10 information permitted by this section, or for a disclosure of
1 11 any information by that employee to a member or employee of
1 12 the general assembly, or for a disclosure of information to
1 13 any other public official or law enforcement agency if the
1 14 employee reasonably believes the information evidences a any
1 15 violation of law or rule, mismanagement, a gross abuse of
1 16 funds, an abuse of authority, or a substantial and specific
1 17 danger to public health or safety. However, an employee may
1 18 be required to inform the person that the employee made a
1 19 disclosure of information permitted by this section if the
1 20 employee represented that the disclosure was the official
1 21 position of the employee's immediate supervisor or employer.
1 22 This subsection does not apply if the disclosure of the
1 23 information is prohibited by statute.
1 24 b. For purposes of this subsection, any presumption
1 25 relating to the performance of a duty by a person who has
1 26 authority to take, direct others to take, recommend, or
1 27 approve any personnel action may be rebutted by substantial
1 28 evidence. For purposes of this subsection, a determination as
1 29 to whether an employee reasonably believes that the employee
1 30 has disclosed information that evidences any violation of law
1 31 or rule, mismanagement, a gross abuse of funds, an abuse of
1 32 authority, or a substantial and specific danger to public
1 33 health or safety shall be made by determining whether a
1 34 disinterested observer with knowledge of the essential facts
1 35 known to and readily ascertainable by the employee would
2 1 reasonably conclude that the actions disclosed evidence of
2 2 such violation, mismanagement, abuse, or danger.
2 3 Sec. 2. Section 70A.28, subsections 1 and 2, Code 2005,
2 4 are amended to read as follows:
2 5 1. A person who serves as the head of a state department
2 6 or agency or otherwise serves in a supervisory capacity within
2 7 the executive or legislative branch of state government shall
2 8 not require an employee of the state to inform the person that
2 9 the employee made a disclosure of information permitted by
2 10 this section and shall not prohibit an employee of the state
2 11 from disclosing any information to a member or employee of the
2 12 general assembly or from disclosing information to any other
2 13 public official or law enforcement agency if the employee
2 14 reasonably believes the information evidences a any violation
2 15 of law or rule, mismanagement, a gross abuse of funds, an
2 16 abuse of authority, or a substantial and specific danger to
2 17 public health or safety. However, an employee may be required
2 18 to inform the person that the employee made a disclosure of
2 19 information permitted by this section if the employee
2 20 represented that the disclosure was the official position of
2 21 the employee's immediate supervisor or employer.
2 22 2. A person shall not discharge an employee from or take
2 23 or fail to take action regarding an employee's appointment or
2 24 proposed appointment to, promotion or proposed promotion to,
2 25 or any advantage in, a position in a state employment system
2 26 administered by, or subject to approval of, a state agency as
2 27 a reprisal for a failure by that employee to inform the person
2 28 that the employee made a disclosure of information permitted
2 29 by this section, or for a disclosure of any information by
2 30 that employee to a member or employee of the general assembly,
2 31 or a disclosure of information to any other public official or
2 32 law enforcement agency if the employee reasonably believes the
2 33 information evidences a any violation of law or rule,
2 34 mismanagement, a gross abuse of funds, an abuse of authority,
2 35 or a substantial and specific danger to public health or
3 1 safety. However, an employee may be required to inform the
3 2 person that the employee made a disclosure of information
3 3 permitted by this section if the employee represented that the
3 4 disclosure was the official position of the employee's
3 5 immediate supervisor or employer.
3 6 Sec. 3. Section 70A.28, Code 2005, is amended by adding
3 7 the following new subsection:
3 8 NEW SUBSECTION. 2A. For purposes of subsections 1 and 2,
3 9 any presumption relating to the performance of a duty by a
3 10 person who has authority to take, direct others to take,
3 11 recommend, or approve any personnel action may be rebutted by
3 12 substantial evidence. For purposes of subsections 1 and 2, a
3 13 determination as to whether an employee reasonably believes
3 14 that the employee has disclosed information that evidences any
3 15 violation of law or rule, mismanagement, a gross abuse of
3 16 funds, an abuse of authority, or a substantial and specific
3 17 danger to public health or safety shall be made by determining
3 18 whether a disinterested observer with knowledge of the
3 19 essential facts known to and readily ascertainable by the
3 20 employee would reasonably conclude that the actions disclosed
3 21 evidence of such violation, mismanagement, abuse, or danger.
3 22 Sec. 4. Section 70A.29, subsection 1, Code 2005, is
3 23 amended to read as follows:
3 24 1. a. A person shall not discharge an employee from or
3 25 take or fail to take action regarding an employee's
3 26 appointment or proposed appointment to, promotion or proposed
3 27 promotion to, or any advantage in, a position in employment by
3 28 a political subdivision of this state as a reprisal for a
3 29 disclosure of any information by that employee to a member or
3 30 employee of the general assembly, or an official of that
3 31 political subdivision or a state official or for a disclosure
3 32 of information to any other public official or law enforcement
3 33 agency if the employee reasonably believes the information
3 34 evidences a any violation of law or rule, mismanagement, a
3 35 gross abuse of funds, an abuse of authority, or a substantial
4 1 and specific danger to public health or safety. This section
4 2 does not apply if the disclosure of the information is
4 3 prohibited by statute.
4 4 b. For purposes of this subsection, any presumption
4 5 relating to the performance of a duty by a person who has
4 6 authority to take, direct others to take, recommend, or
4 7 approve any personnel action may be rebutted by substantial
4 8 evidence. For purposes of this subsection, a determination as
4 9 to whether an employee reasonably believes that the employee
4 10 has disclosed information that evidences any violation of law
4 11 or rule, mismanagement, a gross abuse of funds, an abuse of
4 12 authority, or a substantial and specific danger to public
4 13 health or safety shall be made by determining whether a
4 14 disinterested observer with knowledge of the essential facts
4 15 known to and readily ascertainable by the employee would
4 16 reasonably conclude that the actions disclosed evidence of
4 17 such violation, mismanagement, abuse, or danger.
4 18 EXPLANATION
4 19 This bill deals with establishing permissible disclosures
4 20 of government information relating to Iowa's whistleblower
4 21 statutes. Iowa law provides that disclosures of information
4 22 by a government employee are protected from adverse employment
4 23 action if the employee reasonably believes that the
4 24 information evidences a violation of law or rule,
4 25 mismanagement, a gross abuse of funds, an abuse of authority,
4 26 or a danger to public health or safety.
4 27 The bill provides that any presumption applicable to the
4 28 performance of duty by a supervisory person relating to an
4 29 employee's disclosure of information may be rebutted by
4 30 substantial evidence. In addition, the bill provides that a
4 31 determination as to whether an employee reasonably believes
4 32 that they have disclosed information that evidences wrongdoing
4 33 shall be made by determining whether a disinterested observer
4 34 with knowledge of the essential facts known to and readily
4 35 ascertainable by the employee would reasonably conclude that
5 1 the actions disclosed evidence of such violation,
5 2 mismanagement, abuse, or danger.
5 3 LSB 1882HH 81
5 4 ec:nh/gg/14