House of Representatives

HB 2617

whistleblowers; exemptions

Sponsors: Johnson

X	Committee on Retirement & Government Operations
	Caucus and COW
	As Passed the House

HB 2617 changes the requirements for the internal policy of state universities and the Arizona Board of Regents (ABOR) regarding the protection of employees for disclosure of information to a public body (whistleblower).

History

Currently, state employees, except employees and officers of a state university and ABOR, who report a violation of any law, mismanagement, a gross waste of monies or an abuse of authority, are protected under whistleblower statutes from reprisal. Law requires that a state university or ABOR must have a rule or provision in place for the protection of its employees from reprisal for the disclosure of information to a public body. Additionally, employees or former employees of a state university and ABOR are able to appeal the final administrative decision to the Superior Court and dismissed employees are entitled to a trial de novo in Superior Court.

Provisions

· Requires a state university or ABOR to have an internal rule, policy or provision that contain all the elements of whistleblower statute, including the employee’s right to an attorney and the specific appeal process. Specifies that these elements are not to include the right to appeal to the state personnel board.

· Requires the rule, policy or provision to prescribe reasonable time limits, up to 90 days, for the completion of the university procedure and specifies that the public body for disclosure of information must include the deans and the president of the university.

· Requires ABOR to have a rule or provision allowing an employee or former employee who is dissatisfied with the final decision of the university to have a hearing conducted by an independent hearing officer chosen by mutual agreement of both parties.

· States that the cost of arbitration is to be shared by both parties unless the employee prevails, in which case the university shall incur all costs and allows the employee or former employee to recover attorney fees, costs, back pay, general and special damages and full reinstatement for any reprisal resulting from prohibited personnel practice.

· Prohibits the hearing officer from making a final decision regarding tenure or the continuing status of an employee, but authorizes the hearing officer to order a committee of qualified faculty members to make tenure decisions. The committee must consist of faculty members from within or outside the institution, consisting of two members chosen by the university, two members chosen by the employee or former employee and one member chosen by the appointees of the university and the employee acting jointly.

· Requires the hearing officer to provide a written decision to the parties, and the decision is subject to further review.

· Allows the employee or former employee against whom a personal practice has allegedly occurred to appeal the final decision to the superior court and be tried de novo.

· Makes technical and conforming changes, including the repeal of the current appeals process.

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· 45th Legislature

· First Regular Session 2 February 19, 2001

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