SENATE BILL REPORT

SB 6660

BYSenators Metcalf, Vognild, Amondson, Bender, McCaslin, Warnke, Lee, Thorsness, Patrick and Johnson

Providing penalties against persons who retaliate against whistleblowers.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 30, 1990

Senate Staff:Stephen Nelsen (786-7464)

AS OF JANUARY 29, 1990

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.  The legislation has come to be known as the "whistleblower law."

Detailed procedures are established to provide for confidentiality if requested, investigations by the State Auditor, and sanctions against retaliation.  Several amendments were made last year at the request of the State Auditor in an attempt to make the process more effective.

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.  It has also been suggested that adding specific penalties would provide a greater deterrent to retaliatory action against state employees.

SUMMARY:

The definition of "improper governmental action" is expanded to include the disclosure of confidentiality regarding a "whistleblower;" and placing untrue, unfounded, or unsubstantiated information in an employee's personnel file.

Retaliation is specifically mentioned as a form of interference with the right of an individual to report improper governmental action and specific penalties for interference are established including:  a fine of up to $10,000, imprisonment for up to one year, discipline by the employee's appointing officer under State Personnel Board rules, and liability for damages in an action brought by the injured party.

Disclosure of improper governmental action to a state agency, state legislators, or a legislative committee is protected.

Unscheduled performance evaluations are included within the definition of "retaliatory action."

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested