H-823                _______________________________________________

                                                   HOUSE BILL NO. 1082

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Amondson, B. Williams, Beck, Padden, D. Sommers, Moyer, Schoon, C. Smith, Doty, Chandler, Miller, May, Silver, Brooks, Brough and Sanders

Read first time 2/25/87 and referred to Committee on State Government.

AN ACT Relating to unfair practices; and adding a new section to chapter 49.60 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 49.60 RCW to read as follows:

          (1) It is in the public interest for misconduct of persons in public service to be brought to the attention of officials in a position to take action if there is or has been misconduct.

          (2) It is an unfair practice for a person in public service to directly or indirectly take action adverse to, or to discriminate against, any person because that person has:

          (a) Reported what the person in good faith believes to be suspected misconduct of a person in public service to persons believed by the reporting person to be in a position to take official action on the suspected misconduct; or

          (b) Assisted the investigation of suspected misconduct by a person in public service by giving information, testifying, or by other means to a person in a position to take official action.

          (3) It is an unfair practice for any person in public service:

          (a) To forbid a person to exercise the rights set forth in this section; or

          (b) To enforce or attempt to enforce any such prohibition or condition.

          (4) If an officer or employee of a governmental entity violates this section, the governmental entity is liable for the remedies authorized by this chapter only under the following circumstances:

          (a) If the person who violated this section is an officer of the governmental entity;

          (b) If the person who violated this section, whether an officer or not, uses the authority or influence of his or her official position to effect the adverse action or discrimination; or

          (c) If a person in a position to act for the governmental entity knew of the adverse action or discrimination and failed to act to prevent it or any injury caused by it.

          (5) For the purposes of this section:

          (a) "Misconduct" includes, but is not limited to, a violation of law, a breach of duty, a breach of trust, conduct which is of substantial and specific danger to the health or safety of the public or of any individual, a use of falsehood in an official matter to the possible damage of a person or of governmental interest, or gross waste of funds or property of the public;

          (b) "Person in public service" means every elected or appointed officer and every employee or agent of a governmental entity; and

          (c) "Governmental entity" includes the state of Washington, every political or civil subdivision of the state, and every office, branch, department, agency, commission, board, institution, or other instrumentality of the state, or of any political or civil subdivision of the state.