SENATE BILL REPORT

SSB 5031

BYSenate Committee on Governmental Operations (originally sponsored by Senators Owen, Warnke, Gaspard, Tanner, DeJarnatt, Moore, Johnson and Garrett)

Extending protection to government employees who report improper activity to a state legislator.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 26, 1987; February 4, 1987

Majority Report:  That Substitute Senate Bill No. 5031 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, McCaslin, Pullen, Talmadge.

Senate Staff:Barbara Howard (786-7410); Sam Thompson (786-7754)

                  February 19, 1987

AS PASSED SENATE, FEBRUARY 18, 1987

BACKGROUND:

In 1982, the Legislature enacted a statute intended to protect the rights of state employees against harassment or retaliation if they report improper governmental actions on the part of other state employees.  Detailed procedures are established to provide for confidentiality if requested, investigations by the State Auditor, and sanctions against retaliation.  The legislation has come to be known as the "whistleblower" law.

There is no provision in the statute for a state employee who has communicated with a legislator about improper governmental action to be afforded similar protections.

SUMMARY:

A state employee may report to a state legislator information on "improper governmental action" as defined in RCW 42.40.020(3).  Such a reporting employee is entitled to protection against "reprisal or retaliatory action" defined in RCW 42.40.050(3), and may seek judicial relief in superior court if reprisals or retaliatory actions occur, whether or not there has been administrative review of the action.

Fiscal Note:      none requested

Senate Committee - Testified: Robert Kavanaugh, Seattle; Robert Ball, Washington State Nurses Association; Scott Sigmon, Washington Federation of State Employees