HB 2005 - DIGEST

(SUBSTITUTED FOR - SEE 1ST SUB)

     Provides that an employee must make a reasonable attempt to ascertain the correctness of the information furnished and may be subject to disciplinary actions, including, but not limited to, suspension or termination, for knowingly furnishing false information as determined by the employee's appointing authority.

     Provides that, in order to be investigated, an assertion of improper governmental action must be provided to the auditor within one year after the occurrence of the asserted improper governmental action.

     Declares that the auditor has the authority to determine whether to investigate any assertions received.

     Provides that the identity of a whistleblower is confidential at all times unless the whistleblower consents to disclosure by written waiver or by acknowledging his or her identity in a claim against the state for retaliation.

     Requires agencies to cooperate fully in the investigation and shall take appropriate action to preclude the destruction of any evidence during the course of the investigation.

     Requires that, during the investigation the auditor shall interview each subject of the investigation.  If it is determined there is reasonable cause to believe improper governmental action has occurred, the subject or subjects and the agency head shall be given fifteen working days to respond to the assertions prior to the issuance of the final report.

     Provides that, once the auditor concludes that appropriate action has been taken to resolve the matter, the auditor shall so notify the whistleblower, the agency head, and the subject or subjects of the investigation.

     Provides that a whistleblower wishing to provide information under this act regarding asserted improper governmental action against the state auditor or an employee of that office shall provide the information to the attorney general who shall act in place of the auditor in investigating and reporting the matter.

     Provides that the office of financial management shall contract for a performance audit of the state employee whistleblower program on a cycle to be determined by the office of financial management.  The audit shall be done in accordance with generally accepted government auditing standards beginning with the fiscal year ending June 30, 2001.