AN ACT Relating to retaliation against employees for disclosing improper governmental action; amending RCW 42.40.020, 42.40.030, and 42.40.050; adding a new section to chapter 42.40 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 42.40 RCW to read as follows:

Any person who engages in acts of reprisal, retaliation, threats, coercion, recrimination, or similar acts against a state employee, applicant for state employment, or any employee or applicant for employment who files a complaint with a state agency, state legislator, legislative committee, or the state auditor is subject to a fine not to exceed ten thousand dollars and imprisonment for a period of up to one year, is subject to discipline by that employee's appointing officer under rules adopted by the state personnel board, and is liable for damages in an action brought by the injured party.

Sec. 2. Section 2, chapter 208, Laws of 1982 as amended by section 1, chapter 284, Laws of 1989 and RCW 42.40.020 are each amended to read as follows:

As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly requires otherwise.

(1) "Auditor" means the office of the state auditor.

(2) "Employee" means any individual employed or holding office in any department or agency of state government.

(3) (a) "Improper governmental action" means any action by an employee:

(i) Which is undertaken in the performance of the employee's official duties, whether or not the action is within the scope of the employee's employment; and

(ii) Which is in violation of any state law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds; or

(iii) Which results in the disclosure of confidentiality regarding an employee acting in good faith under this chapter, including actions by the state auditor or designated representatives; or

(iv) Which results in placing untrue, unfounded, or unsubstantiated information in an employee's personnel file. The responsibility for preventing such information from being placed in the employee's file rests with the employee's appointing officer.

(b) "Improper governmental action" does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, ((~~performance evaluations,~~)) reductions in pay, dismissals, suspensions, demotions, violations of the state civil service law, alleged labor agreement violations, reprimands, or any action which may be taken under chapter 41.06 or 28B.16 RCW, or other disciplinary action except as provided in RCW 42.40.030.

(4) "Use of official authority or influence" includes taking, directing others to take, recommending, processing, or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, performance evaluation, or any adverse action under chapter 41.06 or 28B.16 RCW, or other disciplinary action.

Sec. 3. Section 3, chapter 208, Laws of 1982 as amended by section 2, chapter 284, Laws of 1989 and RCW 42.40.030 are each amended to read as follows:

(1) An employee shall not directly or indirectly use or attempt to use the employee's official authority or influence for the purpose of intimidating, threatening, coercing, retaliating against, commanding, influencing, or attempting to intimidate, threaten, coerce, retaliate against, command, or influence any individual for the purpose of interfering with the right of the individual to disclose to a state agency, state legislator, legislative committee, or the auditor (or representative thereof) information concerning improper governmental action.

(2) Any employee who engages in the acts described in subsection (1) of this section is: (a) Subject to a fine not to exceed ten thousand dollars and imprisonment for a period of up to one year; (b) subject to discipline by that employee's appointing officer under rules adopted by the state personnel board; and (c) liable for damages in an action brought by the injured party.

(3) Nothing in this section authorizes an individual to disclose information otherwise prohibited by law.

Sec. 4. Section 5, chapter 208, Laws of 1982 as amended by section 4, chapter 284, Laws of 1989 and RCW 42.40.050 are each amended to read as follows:

(1) Any employee (a) who provides his or her name and specific information to the auditor on any matter which is found to warrant further investigation or other action, or which is provided by the employee in good faith, as determined by the auditor, whether or not further action is warranted and (b) who is subjected to any reprisal or retaliatory action undertaken during the period beginning on the day after the date on which the specific information is received by the auditor alleging improper governmental action, may seek judicial review of the reprisal or retaliatory action in superior court, whether or not there has been an administrative review of the action. In such an action, the reviewing court may award reasonable attorney's fees.

(2) The employee who provided specific information shall notify the state auditor in writing if any changes in the employee's work situation exist which are related to the employee's having provided information. If the auditor has reason to believe that such a change in work situation has occurred, the auditor shall investigate and report on the matter in accordance with this chapter.

(3) For the purpose of this section "reprisal or retaliatory action" means but is not limited to:

(a) Denial of adequate staff to perform duties;

(b) Frequent staff changes;

(d) Refusal to assign meaningful work;

(e) Unwarranted and unsubstantiated letters of reprimand or unscheduled and unsatisfactory performance evaluations;

(f) Demotion;

(g) Reduction in pay;

(h) Denial of promotion;

(i) Suspension; and

(j) Dismissal.