Brief(1)
The bill would amend the Whistleblower Act to extend certain protections to employees of contractors and subcontractors that provide state agencies with products and services (public contractors). Protections extended by the bill currently only cover state employees. Specifically, the bill would prohibit a public contractor from preventing an employee from discussing the contractor's operations, matters of public concern, or violations of law with any member of the Legislature, person, agency, or organization. Employees could not be required to give the contractor or supervisor notice prior to making any such report.
The bill would not prohibit public contractors from requiring employees to inform them about legislative or auditing agency requests for information or the substance of testimony provided by the employee on behalf of the contractor. The bill also would not constitute blanket permission for employees to leave their assigned work areas during work hours without authorization. However, the latter would not apply if the employee had been requested by a legislator or legislative committee to appear before a committee or by an auditing agency to meet with officials of the auditing agency. Employees would not be authorized by the bill to represent their opinions as the opinion of the contractor. Contractors could discipline an employee who discloses false information, discloses information exempt from disclosure under the Open Records Act, or information that is confidential or privileged under statute or court rule.
An employee who alleges that improper disciplinary action under the bill had been taken could, within 90 days of the alleged action, file suit in district court for appropriate injunctive relief. A court could order reinstatement of the employees, payment of back wages, or full reinstatement of fringe benefits and seniority rights, or any combination thereof. The court also would be authorized to award costs, including attorney and witness fees to the prevailing party in such a suit.
Public contractors would be required to post a copy of the Whistleblower Act in locations where it could reasonably be expected to come to the attention of the contractor's employees.
Background
The primary sponsor of the bill, Representative Nichols, presented supporting testimony to the House Committee on Governmental Organization and Elections at its hearing on the bill. According to Representative Nichols, the bill is needed as a result of increased use of contractors to implement functions that have in the past been implemented directly by government agencies. The protections that would be afforded by the bill to contractors' employees are identical to those currently provided to state employees in the same circumstances.
No opponents to the bill presented testimony to the House Committee.
The fiscal note prepared by the Division of the Budget states that the fiscal impact of the bill cannot be determined at this time, and that a revised fiscal note will be issued if a fiscal impact is identified.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.