ARIZONA STATE SENATE
Phoenix, Arizona
public employees;
information disclosure
Purpose
Expands the protection of
public employees who disclose information.
Arizona’s “whistleblower”
statutes prohibit an employee who has control over personnel actions from
taking reprisal against an employee for a disclosure of information to a public
body who reports a violation of any law, mismanagement, a gross waste of monies
or an abuse of authority. Currently,
state employees, except university and the Arizona Board of Regents, employees
of community college districts, school districts and counties are protected
from reprisal in the form of a prohibited personnel practice from a supervisor
or employer.
If an employee or former
employee believes that a personnel action taken against that person is the
result of the person’s disclosure of information, the person may make a
complaint to an appropriate independent personnel board. If the personnel board determines that a
prohibited personnel practice was committed as a result of the disclosure, the
board is required to rescind the personnel action and order that all lost pay
and benefits be returned to the employee.
If the employee knowingly makes false accusation that a pubic officer or
employee has engaged in a violation of any law, mismanagement, a gross waste of
monies or an abuse of authority, that person is personally subject to a civil
penalty of up to $25,000 and automatic dismissal.
The fiscal impact to the
state general fund and other funds used by personnel boards is unquantifiable
at this time. While the State Personnel
Board may hear more complaints, the costs and number of additional cases are
unknown.
1. Prohibits someone who is in a position of authority to take, direct others to take, recommend, approve or improperly influence personnel actions to take reprisal against an employee because the employee refuses to violate any law, rule or regulation or makes any disclosure, is perceived to have made any disclosure or is about to make any disclosure that is not specifically prohibited by statute to a public body.
2. Expands an employee’s or former employee’s ability to make a complaint to include a personnel action taken against that person if the protected activity was a contributing factor in the decision resulting in a prohibited personnel practice against the employee or former employee.
3. Requires the personnel board to determine whether the protected activity was a contributing factor in the decision resulting in a prohibited personnel practice against the employee or former employee in addition to other factors.
4. Expands the disclosure of information to include a violation of a rule or regulation and a substantial and specific danger to public health and safety protected from reprisal against an employee.
5. Requires each public body to post and keep posted in a conspicuous place a notice advising public employees of the laws regarding disclosure of information by public employees.
6. Requires the notice to include a statement regarding evidence that may be disclosed, an explanation of how to make a disclosure and the required elements and the public bodies authorized to receive a written disclosure and the officer authorized to receive an oral disclosure.
7. Eliminates the civil penalty of up to $5,000 for an employee who knowingly commits a prohibited personnel practice and the disciplinary action including dismissal.
8. Removes the $25,000 civil penalty and automatic dismissal of an employee who knowingly makes a false accusation and allows an employer to take appropriate personnel action upon findings by the court, an arbitrator or a personnel board that the employee knowingly made a false accusation.
9. Allows a disclosure not prohibited by statute to be in writing or in oral statements made to and not merely in the presence of a public body acting in the public body’s official capacity or at a public hearing or proceeding.
10. Requires the employee to submit a written disclosure of information alleging a violation of law, rule or regulation, mismanagement, gross waste of monies, abuse of authority or a substantial and specific danger to public health or safety if disclosure to the public is prohibited by statute or a written summary of oral statements is requested by the public body. Specifies the deadline for written oral statements.
11. Deems an oral disclosure recorded in a public hearing, open meeting or executive session a written disclosure.
12. Stipulates that failure to provide all the required information does not disqualify public employees from protection from reprisal, if upon request the person provides sufficient information to allow a public body to ascertain the information needed.
13. Requires a court, an arbitrator or a personnel board that determines there was a prohibited personnel practice committed to document the finding in the performance appraisal for any employee who committed the prohibited personnel practice and requires the employer to take appropriate disciplinary action upon a finding.
14. Allows relief ordered by the court or other forum to include preference for transfer to an available or the next available agency position of the same status and tenure with the same essential job skills that is chosen and voluntarily applied for by the employee who has prevailed.
15. Stipulates that a personnel action taken because of legitimate nondiscriminatory reasons not related to disclosure based on a finding by clear and convincing evidence does not constitute a prohibited personnel practice.
16. Expands the forums that an employee may file a complaint with to include the State Personnel Board, an arbitrator selected by mutual consent and superior court.
17. Contains legislative finding regarding a state employee’s duty to report fraud or other violations of law, waste, mismanagement and abuse of authority.
18. Contains definitions.
19. Makes technical and conforming changes.
20. Provides for a general effective date.
RGO 3/22/02 DPA 6-0-2-0
3rd Read 4/8/02 33-17-10
Prepared by Senate Staff
April 18, 2002