FINAL BILL REPORT
HB 1583
C 213 L 95
Synopsis as Enacted
Brief Description: Changing whistleblower provisions.
Sponsors: Representatives L. Thomas, Backlund, Huff, Chappell, Wolfe, Buck and Kessler; by request of State Auditor.
House Committee on Government Operations
Senate Committee on Government Operations
Background: It is unlawful for any local government official or employee to retaliate against a local government employee who in good faith reports improper governmental action in accordance with the local government's procedures for reporting such information. "Improper governmental action" is defined as an action undertaken in the performance of the employee's duties that is a violation of law, is an abuse of authority, endangers the public health or safety, or is a gross waste of public funds.
Each local government was required to adopt policies and procedures for handling whistleblower complaints by January 1, 1993. The policies must identify to whom the reports must be made. The prosecuting attorney must be listed as one of the people to whom a report may be made.
A person who reports improper governmental activity must follow the procedures adopted by the local government in order to receive the protections provided by law. Some local governments have not adopted whistleblower policies.
Summary: If a local government has failed to adopt procedures for reporting improper governmental activity, an employee may report alleged improper governmental action directly to the county prosecuting attorney.
If the prosecuting attorney or an employee of the prosecuting attorney participated in the alleged improper governmental activity, a local government employee may report the activity to the State Auditor. The local government must pay the costs incurred by the State Auditor in conducting these investigations through the municipal revolving account.
Votes on Final Passage:
House 96 0
Senate 47 0 (Senate amended)
House 93 0 (House concurred)
Effective: July 23, 1995