S-3007

AN ACT Relating to local government whistleblowers; adding new sections to chapter 42.40 RCW; and adding a new section to chapter 43.09 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 42.40 RCW to read as follows:

(1) Each city, county, port district, public utility district, and school district is encouraged to adopt a whistleblower program so that its employees can disclose improper governmental actions without fear of retaliation. Each city, county, port district, public utility district, and school district and its employees are subject to the provisions of this chapter as if the city, county, port district, public utility district, or school district were a state agency and its employees state employees. However, the auditor may decline to investigate a report of improper governmental action from a city, county, port district, public utility district, or school district employee if the city, county, port district, public utility district, or school district has a whistleblower program that has been approved under subsection (2) of this section and if the city, county, port district, public utility district, or school district has agreed to conduct an investigation of the report. For purposes of applying the provisions of this chapter to a city, county, port district, public utility district, or school district and its employees, the reference to a "state law or rule" in RCW 42.40.020(3)(a)(ii) also includes city, county, port district, public utility district, or school district and laws or rules; and the term "improper governmental action" in RCW 42.40.020(3)(b) also does not include actions covered by a city, county, port district, public utility district, or school district civil service system, personnel system, or collective bargaining system or law. A city, county, port district, public utility district, or school district employee who is a whistleblower as a result of this subsection is also a whistleblower under chapter 49.60 RCW.

(2) Any city, county, port district, public utility district, or school district may submit its whistleblower program to the auditor and request the auditor to approve the program. The auditor shall approve any city, county, port district, public utility district, or school district program that the auditor finds accomplishes the purposes of the provisions of the state whistleblower program. In considering whether or not to approve a city, county, port district, public utility district, or school district whistleblower program, the auditor shall take into consideration the degree to which city, county, port district, public utility district, or school district whistleblower complaints will be investigated and the amount of protection offered to whistleblowers against retaliatory actions.

(3) Any person who is a whistleblower under an approved city, county, port district, public utility district, or school district whistleblower program also is a whistleblower under RCW 42.40.020 for purposes of the application of chapter 49.60 RCW.

(4) This section shall apply to cities with a population of over thirty thousand and counties with a population of over one hundred thousand on July 1, 1993. This section shall apply to all other cities and counties, and all public utility districts, port districts, and school districts on July 1, 1994. Nothing in this subsection is intended to prohibit the submission of a whistleblower program in advance of these dates.

NEW SECTION. Sec. 2. A new section is added to chapter 42.40 RCW to read as follows:

(1) The auditor shall establish and consult with a committee to develop model whistleblower programs that meet the intent and requirements of section 1 of this act and that conform to the structure and procedures of the different types and sizes of affected cities, counties, public utility districts, port districts, and school districts. The committee shall include but not be limited to representatives from cities with a population of over thirty thousand, cities with a population of thirty thousand or less, counties with a population of over one hundred thousand, counties with a population of one hundred thousand or less, public utility districts, port districts, school districts, and at least three employee organizations that represent employees of cities, counties, public utility districts, port districts, or school districts. The auditor shall also consult with the state human rights commission with respect to the development of the model programs.

(2) The committee established in subsection (1) of this section and the auditor may make recommendations to the legislature by December 1, 1992, on amendments to this act that are necessary to develop workable whistleblower programs, focusing on larger cities and counties; and may make further recommendations to the legislature by December 1, 1993, focusing on smaller cities and counties, and port districts, public utility districts, and school districts.

NEW SECTION. Sec. 3. A new section is added to chapter 43.09 RCW to read as follows:

The expense of approving whistleblower programs and investigating improper city, county, port district, public utility district, and school district activity as provided in section 1 of this act shall be borne by each city, county, port district, public utility district, or school district submitting a program for approval or subject to such investigation. Procedures established by the division of municipal corporations concerning the municipal revolving fund shall be made applicable to these investigations and their expenses.