ESSB 5121 - H COMM AMD TO STATE GOVERNMENT COMM AMDS (H2786.1) ADOPTED AS AMENDED BY 548 AND 487 4-15-91

By Committee on Appropriations

On page 16, after line 24 of the amendments, strike all material through the remainder of the amendments and insert the following:

"NEW SECTION. Sec. 8. A new section is added to chapter 42.40 RCW to read as follows:

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

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

(3) Any person who is a whistleblower under an approved local government whistleblower program also is a whistleblower under RCW 42.40.020 for purposes of the application of chapter 49.60 RCW.

NEW SECTION. Sec. 9. (1) Sections 8 and 11 of this act shall become effective on July 1, 1992.

(2) Prior to July 1, 1992, the state auditor shall establish and consult with a nine-member committee of officials or their representatives from cities, counties, school districts, and special purpose districts to develop model whistleblower programs that meet the intent and requirements of this act and that conform to the structure and procedures of the different types and sizes of affected local governments. The state auditor shall also consult with the state human rights commission with respect to the development of the model programs.

(3) The committee established in subsection (2) of this section and the state auditor may make recommendations to the legislature by December 1, 1991, on amendments to this act that are necessary to develop workable local government programs.

NEW SECTION. Sec. 10. A new section is added to chapter 42.40 RCW to read as follows:

(1) No local government or local government official or supervisory employee may take any retaliatory action against an employee of the local government as a result of the employee's good faith report of improper governmental action by the local government or by any of its officials or employees. Any person who is retaliated against in violation of this section has a right of action for damages against the offending local government, official or employee. In any such action, the court also may require the defendants to cease and desist from such retaliatory action, and to take such affirmative action as the court believes appropriate, including but not limited to reinstatement or upgrading of the employment position. For purposes of this section, the following definitions apply: (a) "Good faith report" means a good faith report to a governmental official or employee who the reporting employee believes possesses authority to investigate the matter reported; (b) "Improper governmental action" has the meaning prescribed under RCW 42.40.020(3) except that the reference to "state law or rule" in subsection (3)(a)(ii) also includes local government laws or rules and that "improper governmental action" does not include any action taken under a local government civil service system, personnel system, or collective bargaining system or law; and (c) "Retaliatory action" has the meaning prescribed under RCW 42.40.050 for "reprisal or retaliatory action."

(2) This section expires on July 1, 1992.

NEW SECTION. Sec. 11. A new section is added to chapter 43.09 RCW to read as follows:

The expense of approving local government whistleblower programs and investigating improper local governmental activity as provided in chapter 42.40 RCW shall be borne by each entity 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.

NEW SECTION. Sec. 12. The sum of twenty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the human rights commission for the purposes of this act.

ESSB 5121 ‑ H COMM AMD

By Committee on State Government

On page 1, line 1 of the title, after "action;" strike the remainder of the title and insert "amending RCW 42.40.020, 42.40.040, 42.40.050, 49.60.210, 49.60.250, 43.09.050, and 43.88.160; adding new sections to chapter 42.40 RCW; adding a new section to chapter 43.09 RCW; creating a new section; prescribing penalties; and making an appropriation."