Bill Text: HI HB787 | 2010 | Regular Session | Introduced

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Bill Title: Employment Practices; Whistleblowers' Protection

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB787 Detail]

Download: Hawaii-2010-HB787-Introduced.html

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Report Title:

Employment Practices; Whistleblowers' Protection

 

Description:

Provides additional protection to public employees who report violations of the law, and other improper activities such as waste, gross misconduct, incompetence, or inefficiency.  Expands the state ombudsman's responsibilities regarding whistleblowers.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	787
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to whistleblowers' protection.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that public employees may possess information about improper activities such as waste, fraud, and misconduct occurring in state and local government, but may not report the information because of fear of retaliation by their supervisors.  Greater protection for public employees is necessary to encourage them to come forward with information that will help ensure the efficiency and integrity of state and local government.

     The purpose of this Act is to provide additional protection to public employees who report violations of the law, and other improper activities such as economic waste, gross misconduct, incompetence, or inefficiency.

     SECTION 2.  Part V of chapter 378, Hawaii Revised Statutes, is amended by designating sections 378‑61 to 378‑69, Hawaii Revised Statutes, as subpart A and adding a title before section 378‑61, Hawaii Revised Statutes, to read as follows:

"A.  general provisions"

     SECTION 3.  Chapter 378, Hawaii Revised Statutes, is amended by adding a new subpart to part V to be appropriately designated and to read as follows:

"B.  Public Employees

     §378‑    Protected disclosure by a public employee.  (a)  In addition to any other protections under this chapter, a public employer shall not discharge, threaten, or otherwise discriminate against a public employee regarding the public employee's compensation, terms, conditions, location, or privileges of employment because the public employee, or a person acting on behalf of the public employee, reports or is about to report to the public employer or a public body, verbally or in writing:

     (1)  Any violation of a federal, state, or local law, rule, ordinance, or regulation;

     (2)  Any action by a public employer or a public employee that:

         (A)  Is undertaken in the performance of official duties, regardless of whether the action is within the normal scope of employment; and

         (B)  Is economically wasteful; or

         (C)  Involved gross misconduct, incompetence, or inefficiency; or

     (3)  Any condition that may significantly threaten the health or safety of the public or the public employee; provided that the disclosure is made for the purpose of remedying the condition.

     (b)  In addition to the relief and damages provided under section 378‑63(c), a public employee who alleges a violation of this section may bring a civil action for punitive damages.

     (c)  Every public employer shall post and keep posted notices pertaining to the application of the law, as shall be prescribed by the state ombudsman, in conspicuous places in every establishment where any public employee is employed to permit the public employee to readily observe a copy on the way to or from the public employee's place of employment.

     (d)  For purposes of this section:

     "Public employee" means any employee of the State or any county, or the political subdivision and agencies of the State or any county, any employee under contract with the State or any county, any civil service employee, and any probationary or provisional employee of the State or county.

     "Public employer" means the State and any county, and the political subdivisions and agencies of the State and any county, and includes any agent thereof."

     SECTION 4.  Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§78‑    Whistleblowers.  (a)  Upon receipt of any complaint made pursuant to section 378‑  , the ombudsman shall inform the complainant of the complainant's rights under the law.

     (b)  The ombudsman shall prescribe notices pertaining to the application of part V of chapter 378."

     SECTION 5.  Section 96-8, Hawaii Revised Statutes, is amended to read as follows:

     "§96-8  Appropriate subjects for investigation.  (a)  An appropriate subject for investigation is an administrative act of an agency [which] that might be:

     (1)  Contrary to law;

     (2)  Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law;

     (3)  Based on a mistake of fact;

     (4)  Based on improper or irrelevant grounds;

     (5)  Unaccompanied by an adequate statement of reasons;

     (6)  Performed in an inefficient manner; [or]

     (7)  A violation of section 378-  ; or

    [(7)] (8)  Otherwise erroneous.

     (b)  The ombudsman may investigate to find an appropriate remedy."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________