05 LC 29
1792-EC/AP
House
Bill 665 (AS PASSED HOUSE AND SENATE)
By:
Representatives Golick of the
34th,
Roberts of the
154th,
and Smith of the
129th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating
to general provisions relating to public officers and employees, so as to change
certain provisions relating to complaints or information regarding fraud, waste,
and abuse in state programs and operations; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 45 of the Official Code of Georgia Annotated, relating to general
provisions relating to public officers and employees, is amended by striking
Code Section 45-1-4, relating to complaints or information regarding fraud,
waste, and abuse in state programs and operations, and inserting in lieu thereof
the following:
"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.
(1)(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
except the
office of the Governor, the judicial branch, or the legislative
branch.
(2)(4)
'Public employer' means the
executive,
judicial, or legislative branch of the
state
and
or
any other department, board, bureau, commission, authority, or other agency of
the state which employs or appoints a public employee or public employees
except the
office of the Governor, the judicial branch, or the legislative
branch.
(5)
'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by
a public employer of a public employee or any other adverse employment action
taken by a public employer against a public employee 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 state 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 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 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
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 a public employee disclose the
identity of the public employee without the written consent of such public
employee, unless the public employer determines such disclosure is necessary and
unavoidable during the course of the investigation. In such event, the public
employee shall be notified in writing at least seven days prior to such
disclosure.
(d)
No action against any public employee shall be taken or threatened by any public
employer who has authority to take, direct others to take, recommend, or approve
any personnel action as a reprisal for making a complaint or disclosing
information to the public employer unless the complaint was made or the
information was disclosed with the knowledge that it was false or with willful
disregard for its truth or falsity.
(d)(1)
No public employer shall make, adopt, or enforce any policy or practice
preventing a public employee from disclosing a violation of or noncompliance
with a law, rule, or regulation to either a supervisor or a government
agency.
(2)
No public employer shall retaliate against a 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 a public employee for objecting to,
or refusing to participate in, any activity, policy, or practice of the public
employer that the public employee 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 public
employees who violate, privilege or confidentiality obligations recognized by
constitutional, statutory, or common law.
(e)
Any action taken in violation of subsection (d) of this Code section shall give
the public employee a right to have such action set aside in a proceeding
instituted in the superior court.
(e)(1)
A 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 within one year after discovering the
retaliation or within three years after the retaliation, whichever is
earlier.
(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 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
attorneýs
fees, court costs, and expenses to a prevailing public
employee."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.