SENATE BILL REPORT

SB 5031

BYSenators 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 5, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 4, 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 legislator, who has received information from a state employee about improper governmental action, to report such information to the State Auditor.

SUMMARY:

A state employee who reports information of improper governmental action to a state legislator is entitled to the protections of the law.  The legislator or a legislative staff person acting on the legislator's behalf must report the information to the State Auditor in a timely manner.

EFFECT OF PROPOSED SUBSTITUTE:

An 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