06 LC 29
2232
House
Bill 1369
By:
Representatives Oliver of the
83rd,
Porter of the
143rd,
Hugley of the
133rd,
Smyre of the
132nd,
Ashe of the
56th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating
to general provisions applicable to counties and municipal corporations, so as
to create provisions relating to complaints or information regarding fraud,
waste, and abuse in counties or municipal corporations; to provide for
definitions; to provide for practice and procedure; to provide for relief in the
event a civil action is instituted; 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
60 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties and municipal corporations, is amended by
adding a new Code section to the end of the chapter to read as
follows:
"36-60-24.
(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 a county, a municipal corporation, or the state, or by
any other department, board, bureau, commission, authority, or other agency of
the state, a county, or a municipal corporation.
(4)
'Public employer' means the executive, judicial, or legislative branch of a
county, a municipal corporation, or the state, or any other department, board,
bureau, commission, authority, or other agency of the state, a county, or a
municipal corporation which employs or appoints a public employee or public
employees.
(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 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 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 county or municipal corporation
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)(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)(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.