House Bill 49
By: Representatives Davis of the 87th, Schofield of the 63rd, and Scott of the 76th
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 regarding public officers and employees, so as to revise provisions
regarding whistleblowers; to broaden the scope of persons who may report information to
public employers; to expand the definition of the term "retaliation"; to extend the statute of
limitations regarding public employer retaliation; to provide for a misdemeanor offense for
violations; to provide for a short title; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the ''Georgia Anti-Corruption Act.''
SECTION 2.
Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general
provisions regarding 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. <del>This</del> <ins>Such</ins> term also includes all employees,
officials, and administrators of any agency covered by the rules of the State Personnel
Board 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 the discharge, suspension, or demotion by a public
employer of <del>a</del> <ins>any person, including, but not limited to, an independent contractor or
</ins> public employee, or any other adverse <del>employment</del> action taken by a public employer
against <del>a public employee</del> <ins>any such person</ins> in the terms or conditions of employment for
disclosing a violation of or noncompliance with a law, rule, or regulation 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 <ins>independent contractor or</ins> 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 <ins>independent
contractor or</ins> 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 may receive and investigate complaints or information from any
<ins>person, including, but not limited to, an independent contractor or</ins> public employee,
concerning the possible existence of any activity constituting fraud, waste, and abuse in or
relating to any state programs and operations under the jurisdiction of such public
employer.
(c) Notwithstanding any other law to the contrary, such public employer shall not after
receipt of a complaint or information from <del>a</del> <ins>any person, including, but not limited to, an
independent contractor or</ins> public employee, disclose the identity of the <del>public employee
</del> <ins>person</ins> without the written consent of such <del>public employee</del> <ins>person,</ins> unless the public
employer determines such disclosure is necessary and unavoidable during the course of the
investigation. In such event, the <del>public employee</del> <ins>person</ins> shall be notified in writing at least
seven days prior to such disclosure.
(d)(1) No public employer shall make, adopt, or enforce any policy or practice
preventing <del>a</del> <ins>any person, including, but not limited to, an independent contractor or</ins> public
employee, from disclosing a violation of or noncompliance with a law, rule, or regulation
<ins>or any other duty or requirement</ins> to either a supervisor or a government agency, <ins>as
applicable.
</ins> (2) No public employer shall retaliate against <del>a</del> <ins>any person, including, but not limited to,
an independent contractor or</ins> public employee, for disclosing a violation of or
noncompliance with a law, rule, or regulation 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.
(3) No public employer shall retaliate against <del>a</del> <ins>any person, including, but not limited to,
an independent contractor or</ins> public employee, for objecting to, or refusing to participate
in, any activity, policy, or practice of the public employer that the <del>public employee
</del> <ins>person</ins> 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 against <ins>independent contractors or
</ins> public employees who violate, privilege or confidentiality obligations recognized by
constitutional, statutory, or common law.
(e)(1)(A) <ins>Any person, including, but not limited to, an independent contractor or</ins> <del>A
</del> public employee, who has been the object of retaliation 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 <del>within one year</del> after discovering the retaliation <del>or within three years
after the retaliation, whichever is earlier.
</del> <ins>(B) In such civil action, no public employer shall have the availability of any
justification or excuse for any retaliation, except as provided for in this Code section.
</ins> (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 <ins>independent contractor or public</ins> 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
<ins>person, including, but not limited to, an independent contractor or</ins> public employee.
<ins>(g) Any agent of a public employer who violates subsection (d) of this Code section shall
be guilty of a misdemeanor."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.