Bill Text: GA HB206 | 2011-2012 | Regular Session | Introduced

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Bill Title: Public officers and employees; reporting fraud, waste, abuse or violations of law; modify provisions

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-10 - House Second Readers [HB206 Detail]

Download: Georgia-2011-HB206-Introduced.html

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11 LC 35 2068

House Bill 206

By: Representatives Long of the 61st, Dollar of the 45th, Willard of the 49th, Jacobs of the 80th, Fludd of the 66th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for public officers and employees, so as to modify provisions relating to making complaints or reporting information pertaining to fraud, waste, or abuse or violations of the law by public employees or agencies; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for public officers and employees, is amended by revising Code Section 45-1-4, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, as follows:

"45-1-4.

(a) As used in this Code section, the term:

(1) 'Government agency' means any agency of federal, state, or local government charged with the enforcement of laws, rules, or regulations.

(2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance.

(3) 'Public employee' means any person who is employed by the executive, judicial, or legislative branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state. This term also includes all employees, officials, and administrators of any agency covered under the State Personnel Administration and any local or regional governmental entity that receives any funds from the State of Georgia or any state agency.

(4) 'Public employer' means the executive, judicial, or legislative branch of the state; any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees; or any local or regional governmental entity that receives any funds from the State of Georgia or any state agency.

(5) 'Retaliate' or 'retaliation' refers to means:

(A) The the discharge, suspension, or demotion by a public employer or supervisor of a public employee or any other adverse employment action taken by a public employer or supervisor against a public employee in the terms or conditions of employment for disclosing a violation of or noncompliance with a law, rule, or regulation or for reporting fraud, waste, or abuse to either a supervisor or government agency;

(B) Threatening to take any adverse employment action in the terms or conditions of employment, including, but not limited to, discharge, suspension, demotion, negative employee evaluations, or refusal to promote or interference with a promotion for disclosing a violation of or noncompliance with a law, rule, or regulation or for reporting fraud, waste, or abuse to either a supervisor or government agency; and

(C) Creating a hostile work environment for a public employee by a continuous pattern and practice of negative or unprofessional behavior directed exclusively toward a public employee for disclosing a violation of or noncompliance with a law, rule, or regulation or for reporting fraud, waste, or abuse to either a supervisor or government agency.

(6) 'Supervisor' means any individual:

(A) To whom a public employer has given authority to direct and control the work performance of the affected public employee;

(B) To whom a public employer has given authority to take corrective action regarding a violation of or noncompliance with a law, rule, or regulation of which the public employee complains; or

(C) Who has been designated by a public employer to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation.

(b) A public employer or supervisor may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and or abuse in or relating to any state programs and operations under the jurisdiction of such public employer or supervisor.

(c) Notwithstanding any other law to the contrary, such public employer or supervisor shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer or supervisor determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure.

(d)(1) No public employer or supervisor shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing fraud, waste, or abuse in or relating to any state program or operation or a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency.

(2) No public employer or supervisor shall retaliate against a public employee for disclosing a violation of or noncompliance with a law, rule, or regulation or for disclosing any activity constituting fraud, waste, or abuse to either a supervisor or a government agency, unless the disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity. For a period of 24 months following the date that a complaint or disclosure protected by this Code section is made by a public employee, there shall be a rebuttable presumption that any adverse action taken by a public employer or supervisor relating to the terms or conditions of employment, including any threats to take an adverse employment action or the creation of a hostile work environment, is done in retaliation against the public employee for making such complaint or disclosure.

(3) No public employer or supervisor shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation.

(4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices which implement, or to actions by public employers or supervisors against public employees who violate, privilege or confidentiality obligations recognized by constitutional, statutory, or common law.

(e)(1) A public employee who has been the object of retaliation retaliated against by his or her public employer or supervisor in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier.

(2) In any action brought pursuant to this subsection, the court may order any or all of the following relief:

(A) An injunction restraining continued violation of this Code section;

(B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position;

(C) Reinstatement of full fringe benefits and seniority rights;

(D) Compensation for lost wages, benefits, and other remuneration; and

(E) Any other compensatory damages allowable at law.

(f) A court may award reasonable attorney's fees, court costs, and expenses to a prevailing public employee.

(g) Where a public employee makes a complaint or disclosure to a public employer regarding a teacher, instructor, or other licensed or certified educator who has allegedly:

(1) Acted in violation of a law, rule, or regulation;

(2) Committed fraud, waste, or abuse; or

(3) Retaliated against the public employee,

the public employer shall make a report of such complaint or disclosure to the Georgia Professional Standards Commission. The commission is authorized to consider and impose sanctions which shall be in addition to any sanctions provided for in this Code section.

(h) A supervisor who retaliates against a public employee in violation of this Code section shall be guilty of a misdemeanor and upon conviction thereof be fined not less than $1,000.00 nor more than $10,000.00 or confined for a period not exceeding 12 months, or both.

(i) A public employee who knowingly and intentionally makes a false or misleading report against a supervisor or public employer regarding such supervisor's or employer's noncompliance with a law, rule, or regulation or fraud, waste, or abuse shall be guilty of a misdemeanor and upon conviction thereof be fined not less than $1,000.00 nor more than $10,000.00 or confined for a period not exceeding 12 months, or both."

SECTION 2.

This Act shall become effective on July 1, 2011.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.