LC 29 1538
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to
complaints or information regarding fraud, waste, and abuse in state programs
and operations, so as to change certain provisions regarding complaints or
information regarding fraud, waste, or 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.
Code
Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints
or information regarding fraud, waste, and abuse in state programs and
operations, is amended by striking the Code section 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 office of
the Governor, 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.
This term also
includes all public school employees as defined in paragraph (3) of Code Section
20-2-910, employees, officials, or administrators of any agency covered under
the State Merit System of Personnel Administration, and any local or regional
governmental entity that receives any funds from the State of Georgia or any
state agency.
(2)(4)
'Public employer' means the
office of the
Governor, 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, 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 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.
(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 or threatening to disclose 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 or
threatening to disclose a violation of or noncompliance with a law, rule, or
regulation to either a supervisor or a government agency, unless the disclosure
or threatened 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.
(g)
Nothing in this Code section shall apply to institutions or facilities permitted
or licensed under Title
31."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.