PROTECT CITY EMPLOYEES FROM RETALIATION.

View NCGA Bill Details2021
House Bill 7 (Public) Filed Wednesday, January 27, 2021
AN ACT PROVIDING THAT CITIES SHALL ADOPT RULES AND REGULATIONS ENCOURAGING THEIR EMPLOYEES TO REPORT IMPROPER OR UNLAWFUL ACTIVITY AND REQUIRING CITIES TO PROTECT EMPLOYEES WHO REPORT SUCH ACTIVITY FROM RETALIATION OR OTHER DISCRIMINATORY ACTION.
Intro. by Hanig, Bradford, Hardister.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (May 12 2021)

SOG comments (2):

Title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT PROVIDING THAT CITIES SHALL ADOPT RULES AND REGULATIONS ENCOURAGING THEIR EMPLOYEES TO REPORT IMPROPER OR UNLAWFUL ACTIVITY AND REQUIRING CITIES TO PROTECT EMPLOYEES WHO REPORT SUCH ACTIVITY FROM RETALIATION OR OTHER DISCRIMINATORY ACTION.

Long title change

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO REQUIRE CITIES TO ADOPT AN ORDINANCE TO ESTABLISH A PROCEDURE FOR AND TO ENCOURAGE CITY EMPLOYEES TO REPORT IMPROPER OR UNLAWFUL ACTIVITY AND TO REQUIRE CITIES TO PROTECT EMPLOYEES WHO REPORT SUCH ACTIVITY FROM RETALIATION OR OTHER DISCRIMINATORY ACTION.

 

H 7

Bill Summaries:

  • Bill H 7 (2021)
    Summary date: May 11 2021 - More information

    House committee substitute amends the 3rd edition as follows.

    Adds to GS 160A-164 that new (b) does not prohibit councils, supervisors, department heads, or other appropriate authorities from imposing disciplinary action against an employee for any violation, fraud, misappropriation, gross mismanagement, or other activity specified in subsection (b) (i) through (v) that occurred before the employee's report.


  • Summary date: May 10 2021 - More information

    House committee substitute amends the 2nd edition as follows.

    Amends the proposed changes to GS 160A-164 as follows. Instead of requiring city councils to adopt an ordinance to establish a procedure for and to encourage city employees to report to their appropriate authority evidence of the previously specified conduct, now requires a council that does not have a binding personnel policy, code of conduct, or other procedure protecting employees from retaliation to adopt rules and regulations or ordinances encouraging city employees to report evidence of the specified conduct. Makes conforming changes. Amends the activities that are to be reported to remove misappropriation of federal resources and include any activity that poses a substantial or specific danger (was, substantial and specific danger) to public health and safety, and makes other clarifying changes. Requires the council, by binding policy, to prohibit any employee from taking action against another employee who reported any of the described activities (was, required the ordinance to prohibit retaliation by the city council or any city employee against an employee who reports or intends to report on the described activities). Deletes the provision specifying that the statute does not bar disciplinary action against an employee who makes a report the employee knows or has reason to know is inaccurate. Amends the notice requirement to now require notice to be published according to GS 95-9 (requiring employers to post in every room where five or more persons are employed a printed notice stating the provisions of the law relative to the employment of adult persons and children and the regulation of  hours and working conditions) or other appropriate means, to keep city employees informed of their rights and responsibilities under these provisions. Adds that filing a false report is a Class 2 misdemeanor. Changes the act's effective date from October 1, 2021, to December 1, 2021.

    Changes the act's long title.


  • Summary date: Feb 23 2021 - More information

    House committee substitute amends the 1st edition as follows.

    Modifies the proposed additions to GS 160A-164 to to require city councils to adopt an ordinance to establish a procedure for and to encourage city employees to report to their appropriate authority evidence of the previously specified conduct (previously, required city councils who do not have a binding personnel policy, code of conduct, or other procedure protecting employees from retaliation to adopt rules and regulations or ordinances the encourage city employees to report to their appropriate authority any evidence of the specified conduct). Adds misappropriation of federal resources to the specified reportable conduct. Requires the ordinances to prohibit retaliation by the city council or any city employee (previously, required the previously described city councils to prohibit retaliation by binding policy). Adds a new provision to specify that the statute does not bar disciplinary action against an employee who makes a report the employee knows or has reason to know is inaccurate. Changes the notice requirements to now require city councils to post and keep posted a notice explaining the new provisions of the statute, as enacted, in a conspicuous place where city employees are employed and placed in a manner to permit city employees to readily observe the notice (previously directed city councils to publish notice for purposes of informing their employees of their rights and responsibilities under the statute). Additionally, changes the authority granted in existing law to now authorize city councils to adopt or provide for policies, rather than rules and regulations, or ordinances concerning personnel policies.

    Changes the act's effective date to October 1, 2021 (was effective on the date the act becomes law).

    Changes the act's long title.


  • Summary date: Jan 27 2021 - More information

    Amends GS 160A-164 to require city councils that do not have binding personnel procedures protecting employees from retaliation to adopt rules and regulations or ordinances that encourage city employees to report to their appropriate authority evidence of (1) violations of federal, state, or local laws, rules, or regulations; (2) fraud; (3) misappropriation of state or city resources; (4) any activity that poses a substantial or specific danger to public health and safety; and (5) gross mismanagement, including gross waste of public monies and gross abuse of authority. Requires such city councils to prohibit, by binding policy, retaliation against an employee who reports such violations, as specified. Directs city councils to publish notice for purposes of informing their employees of their rights and responsibilities under the statute. Makes conforming and organizational changes to the act. 


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