Brief Description: Changing provisions relating to protection of local government whistleblowers.

Sponsors: Representatives Sullivan and O'Brien.

Hearing Date: 2/12/03

Staff: Amy Wood (786-7127).

Background:

The Legislature enacted a local government "whistleblower" program in 1992 to provide protection to local government employees who report improper governmental action to the proper authorities. The protections provided to local government employees are similar to those provided to state government employees under the state whistleblower program.

Both the state and local government whistleblower programs prohibit retaliatory action from being taken against the employee who disclosed information concerning the improper governmental action. "Improper governmental action" is defined as an action undertaken in the performance of the officer's or employee's duties that is a violation of law, is an abuse of authority, endangers the public health or safety, or is a gross waste of public funds.

Each local government was required to adopt policies and procedures for handling whistleblower complaints by January 1, 1993. The policies must identify to whom the reports must be made. The prosecuting attorney must be listed as one of the people to whom a report may be made. A person who reports improper governmental action must follow the procedures adopted by the local government in order to receive the protection provided by law.

If a local government has failed to adopt procedures for reporting improper governmental action, an employee may report alleged improper governmental action directly to the county prosecuting attorney.

If the prosecuting attorney or an employee of the prosecuting attorney participated in the alleged improper governmental action, a local government employee may report the action directly to the state auditor. The local government must pay the costs incurred by the state auditor in conducting these investigations through the Municipal Revolving Account.

Summary of Bill:

The state auditor must be listed as one of the people to whom a report may be made.

If an employee reports improper governmental action directly to the county prosecuting attorney, the county prosecuting attorney must investigate the allegation. If the employee reports the improper governmental action directly to the state auditor, the state auditor must investigate the allegation.

If an employee follows the procedures adopted by the local government, or reports the alleged improper conduct to the county prosecuting attorney, and receives no response within 60 days, or believes that the allegation was not investigated with due diligence, the employee may request that the state auditor investigate the allegation. The state auditor has discretion to decide whether to investigate the allegation. Dissatisfaction with the outcome or results of the investigation is not sufficient reason for the state auditor to investigate the allegation.

A local government employee must make a reasonable attempt to ascertain the correctness of the information, and may face disciplinary actions for knowingly furnishing false information.

If the state auditor does investigate the allegation, any costs incurred by the state auditor must be paid by the local government through the Municipal Revolving Account.

Appropriation: None.

Fiscal Note: Requested on February 4, 2003.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.