Amendment S-3204 to SF 502

Filed April 23, 2019 in the Senate by

What it changes

1. Page 1, before line 1 by inserting: “Section
2. Section 70A.28, subsections 2 and 5, Code 2019, are amended to read as follows:
3. A person shall not discharge an employee from or take or fail to take action regarding an employee’s appointment or proposed appointment to, promotion or proposed promotion to, or any advantage in, a position in a state employment system administered by, or subject to approval of, a state agency as a reprisal for a failure by that employee to inform the person that the employee made a disclosure of information permitted by this section , or for a disclosure of any information by that employee to a member or employee of the general assembly, a disclosure of information to the office of ombudsman, a disclosure of information to a person providing human resource management for the state, or a disclosure of information to any other public official or law enforcement agency if the employee , in good faith, reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety. However, an employee may be required to inform the person that the employee made a disclosure of information permitted by this section if the employee represented that the disclosure was the official position of the employee’s immediate supervisor or employer.
4. Subsection 2 may be enforced through a civil action. a. A person who violates subsection 2 is liable to an aggrieved employee for affirmative relief including reinstatement, with or without back pay, or civil damages in an amount not to exceed three times the annual wages and benefits received by the aggrieved employee prior to the violation of subsection 2, and any other equitable relief the court deems appropriate, including attorney fees and costs. b. When a person commits, is committing, or proposes to commit an act in violation of subsection 2 , an injunction may -1- SF502.2251.H (1) 88 md 1/ 2 be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee , or the attorney general , or a person providing human resource management for the state .”
5. Page 1, line 13, after “employee” by inserting “, in good faith,”
6. Title page, line 2, after “employees of” by inserting “the state and”
7. By renumbering as necessary. -2- SF502.2251.H (1) 88 md 2/ 2

Official amendment (PDF) · In the Bill Book