HB2676 - 452R - House Bill Summary

House of Representatives

HB 2676

legislative employees; due process

Sponsors: Representative Brimhall

X	Committee on Retirement and Government Operations
	Committee on Appropriations
	Caucus and COW
	Third Read
	As Passed the House

HB 2676 prohibits employees of the Joint Legislative Budget Committee, the Auditor General, Legislative Council, and Library, Archives and Public Records (legislative agencies) that have authority over employees to take reprisal against an employee for making a disclosure of information regarding a violation of any law, mismanagement, a gross waste of monies or an abuse of authority.

History

A.R.S § 38-532 stipulates that it is a prohibited personnel practice for employees who have control over personnel actions to take reprisal against an employee for a disclosure of information to a public body that is a matter of public concern and is reasonably believed to be a violation of any law, mismanagement, a gross waste of monies or an abuse of authority. The disclosure by an employee to a public body alleging a violation shall be in writing and contain the date of the disclosure, the name of the employee making the disclosure and the nature of the alleged violation of law, mismanagement, gross waste of monies or abuse of authority.

Statute also requires the employee that has committed a prohibited personnel practice to pay a civil penalty of up to five thousand dollars to the state general fund, a county general fund, a community college district unrestricted general fund or a school district maintenance and operation fund, which ever is appropriate. The employee or former employee against whom the prohibited personnel practice was committed against may recover attorney fees, costs, back pay, general and special damages and full reinstatement for any reprisal resulting from a prohibited personnel practice as determined by the court.

Provisions

· Prohibits employees of legislative agencies that have the authority to take, direct others to take, recommend, approve or improperly influence personnel actions to take reprisal against an employee for making a disclosure of information or perceived to have made a disclosure, not specifically prohibited by law, regarding a violation of any law, mismanagement, a gross waste of monies or an abuse of authority that may be a matter of public concern.

· Makes technical and clarifying changes.

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· 45th Legislature