SB117: SB117 Public Officers and Employees; a misdemeanor offense for violations regarding complaints by public employees; provide

25 LC 60 0112S The Senate Committee on Government Oversight offered the following substitute to SB 117: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to1 general provisions regarding public officers and employees, so as to provide a misdemeanor2 offense for violations regarding complaints by public employees ; t o r e q u i r e a w a r d o f3 attorney's fees, court costs, and expenses; to provide for related matters; to repeal conflicting4 laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 1 of Title 45 of the Official Code of Georgia Annotated , relating to general8 provisions regarding public officers and employees, is amended by revising Code9 Section 45-1-4, relating to complaints or information from publ ic employees as to fraud,10 waste, and abuse in state programs and operations, as follows:11 "45-1-4.12 (a) As used in this Code section, the term:13 (1) 'Government agency' means any agency of federal, state, or local government14 charged with the enforcement of laws, rules, or regulations.15 - 1 - 25 LC 60 0112S (2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or16 any rule or regulation adopted according to any federal, state, or local statute or17 ordinance.18 (3) 'Public employee' means any person who is employed by the executive, judicial, or19 legislative branch of the state or by any other department, boa rd, bureau, commission,20 authority, or other agency of the state. Such This term also includes all employees,21 officials, and administrators of any agency covered by the rule s of the State Personnel22 Board and any local or regional governmental entity that receiv es any funds from the23 State of Georgia or any state agency.24 (4) 'Public employer' means the executive, judicial, or legislative branch of the state; any25 other department, board, bureau, commission, authority, or othe r agency of the state26 which employs or appoints a public employee or public employees ; or any local or27 regional governmental entity that receives any funds from the S tate of Georgia or any28 state agency.29 (5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public30 employer of a public employee or any other adverse employment action taken by a public31 employer against a public employee in the terms or conditions o f employment for32 disclosing a violation of or noncompliance with a law, rule, or regulation to either a33 supervisor or government agency.34 (6) 'Supervisor' means any individual:35 (A) To whom a public employer has given authority to direct an d control the work36 performance of the affected public employee;37 (B) To whom a public employer has given authority to take corrective action regarding38 a violation of or noncompliance with a law, rule, or regulation of which the public39 employee complains; or40 (C) Who has been designated by a public employer to receive complaints regarding a41 violation of or noncompliance with a law, rule, or regulation.42 - 2 - 25 LC 60 0112S (b) A public employer may receive and investigate complaints o r information from any43 public employee concerning the possible existence of any activity constituting fraud, waste,44 and abuse in or relating to any state programs and operations under the jurisdiction of such45 public employer.46 (c) Notwithstanding any other law to the contrary, such public employer shall not after47 receipt of a complaint or information from a public employee disclose the identity of the48 public employee without the written consent of such public empl oyee, unless the public49 employer determines such disclosure is necessary and unavoidable during the course of the50 investigation. In such event, the public employee shall be notified in writing at least seven51 days prior to such disclosure.52 (d)(1) No public employer shall make, adopt, or enforce any po licy or practice53 preventing a public employee from disclosing a violation of or noncompliance with a law,54 rule, or regulation to either a supervisor or a government agency.55 (2) No public employer shall retaliate against a public employ ee for disclosing a56 violation of or noncompliance with a law, rule, or regulation to either a supervisor or a57 government agency, unless the disclosure was made with knowledge that the disclosure58 was false or with reckless disregard for its truth or falsity.59 (3) No public employer shall retaliate against a public employ ee for objecting to, or60 refusing to participate in, any activity, policy, or practice of the public employer that the61 public employee has reasonable cause to believe is in violation of or noncompliance with62 a law, rule, or regulation.63 (4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices64 which implement, or to actions by public employers against publ ic employees who65 violate, privilege or confidentiality obligations recognized by constitutional, statutory, or66 common law.67 (e)(1) A public employee who has been the object of retaliation in violation of this Code68 section may institute a civil action in superior court for relief as set forth in paragraph (2)69 - 3 - 25 LC 60 0112S of this subsection within one year after discovering the retaliation or within three years70 after the retaliation, whichever is earlier.71 (2) In any action brought pursuant to this subsection, the court may order any or all of72 the following relief:73 (A) An injunction restraining continued violation of this Code section;74 (B) Reinstatement of the employee to the same position held before the retaliation or75 to an equivalent position;76 (C) Reinstatement of full fringe benefits and seniority rights;77 (D) Compensation for lost wages, benefits, and other remuneration; and78 (E) Any other compensatory damages allowable at law.79 (f) A court may shall award reasonable attorney's fees, court costs, and expenses to a80 prevailing public employee.81 (g) Any agent of a public employer who violates subsection (d) of this Code section shall82 be guilty of a misdemeanor."83 SECTION 2.84 All laws and parts of laws in conflict with this Act are repealed.85 - 4 -