Bill Text: MI HR0343 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: A resolution to remind state employees of whistleblower protections and encourage them to come forward if they have knowledge of any irregularities or illegal or suspect behavior.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2020-12-16 - Adopted [HR0343 Detail]
Download: Michigan-2019-HR0343-Enrolled.html
house Resolution No.343
Reps. Alexander, Griffin, Rendon, Allor, Chirkun and Crawford offered the following resolution:
Whereas, Ensuring public confidence in government requires that individuals and agencies which violate the law are identified and held accountable. The strongest bulwarks against illegal, corrupt, and incompetent actions are state employees who report instances of wrongdoing by superiors and colleagues; and
Whereas, State law affords substantial protections to state employees who report violations or suspected violations of laws or rules. Section 2 of the Whistleblowers' Protection Act, 1980 PA 469, MCL 15.361 et seq., states:
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, unless the employee knows that the report is false, or because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.
Civil Service Commission rules, specifically Rule 2-10.1 through Rule 2-10.3, establish similar protections prohibiting reprisal against whistleblowers; and
Whereas, Michigan courts have interpreted the Whistleblowers' Protection Act and civil service protections broadly. The purpose of the law and rules is to expose fraud and corruption in government and state employees should feel confident that the law is on their side and will protect them if the state attempts to take retaliatory action against them for reporting wrongdoing; and
Whereas, The 100th Legislature has taken steps to further enhance protections offered to state employees, most notably the passage of Senate Bill 686, which would have prohibited a state department or agency from taking disciplinary action against certain state employees for communicating with certain individuals in the legislative branch; and
Whereas, The Governor's veto of Senate Bill 686 demonstrated a lack of regard for good government practices, failing to further expand safeguards for state employees interested in protecting the interests of the people of this state; now, therefore, be it
Resolved by the House of Representatives, That we remind state employees of whistleblower protections and encourage them to come forward if they have knowledge of any irregularities or illegal or suspect behavior; and be it further
Resolved, That copies of this resolution be transmitted to the Governor and the members of the Civil Service Commission.
