H-0578.1 _______________________________________________
HOUSE BILL 1159
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives H. Myers, Edmondson, Ludwig, Scott, Campbell, Kremen, Rayburn and Johanson
Read first time 01/18/93. Referred to Committee on Local Government.
AN ACT Relating to improper governmental action; amending RCW 42.41.020; and adding a new section to chapter 42.41 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 42.41.020 and 1992 c 44 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)(a) "Improper governmental action" means any action by a local government officer or employee:
(i) That is undertaken in the performance of the officer's or employee's official duties, whether or not the action is within the scope of the employee's employment; and
(ii) That is in violation of any federal, state, or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds.
(b) "Improper governmental action" does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations, reprimands, or any action that may be taken under chapter 41.08, 41.12, 41.14, 41.56, 41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180.
(2) "Local government" means any governmental entity other than the state, federal agencies, or an operating system established under chapter 43.52 RCW. It includes, but is not limited to cities, counties, school districts, and special purpose districts.
(3) "Retaliatory action" means any adverse change in a local government employee's employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal, or any other disciplinary action. "Retaliatory action" also means a supervisor or superior encouraging coworkers to behave in a hostile manner towards a whistleblower.
(4) "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property.
NEW SECTION. Sec. 2. A new section is added to chapter 42.41 RCW to read as follows:
(1) An employee shall not directly or indirectly use or attempt to use the employee's official authority or influence for the purpose of intimidating, threatening, coercing, commanding, influencing, or attempting to intimidate, threaten, coerce, command, or influence any individual for the purpose of interfering with the right of the individual to disclose information concerning improper governmental action to a person designated under RCW 42.41.030(3).
(2) Nothing in this section authorizes an individual to disclose information otherwise prohibited by law.
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