House amendment #1 makes the following changes to the 3rd edition.
Modifies proposed GS 160A-164(b) to require city councils to prohibit, by binding policy rather than by ordinance, retaliation against an employee who reports violations pursuant to the statute.
Bill Summaries: H348 PROTECT CITY EMPLOYEES FROM RETALIATION. (NEW)
Summary date: May 7 2019 - View Summary
Summary date: May 6 2019 - View Summary
House committee substitute to the 2nd edition deletes the provisions of the previous edition and now provides the following.
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 ordinance, 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 changes to the act's titles.
Summary date: Apr 29 2019 - View Summary
House committee substitute to the 1st edition makes the following changes.
Modifies proposed GS 160A-290 (Protection from retaliation for municipal law enforcement officers) to exempt from the statute's provisions an employing agency that has a binding personnel policy, a code of conduct, or other procedures (rather than other binding procedures) protecting employees from retaliation.
Summary date: Mar 13 2019 - View Summary
Enacts GS 160A-290, prohibiting retaliation against a municipal law enforcement officer by a municipal government public official because the officer or a person acting on the officer's behalf reports in writing evidence of activity constituting a violation of a State or federal law or regulation, fraud, misappropriation of State and local government resources, or substantial and specific danger to the public health and safety. Defines employing agency and municipal law enforcement officer. Specifies that a municipal law enforcement officer is a full-time employee, serving in a position as described. Exempts from the statute's provisions an employing agency that has a binding personnel policy, a code of conduct, or other binding procedures protecting employees from retaliation. Provides a policy statement.
Allows for a municipal law enforcement officer injured by a violation of the statute to bring a civil action for damages, an injunction, reinstatement, payment of back wages, full reinstatement of fringe benefits and seniority rights, costs, and/or reasonable attorneys' fees. Sets the statute of limitations to one year of the alleged violation. Specifies that any retaliation employment discrimination claim arising under Article 21 of GS Chapter 95 must be maintained and redressed by the remedies and relief pursuant to that Article's provisions. Requires employing agencies to post notice and keep officers informed of the statute's protections and obligations, with the State responsible for the cost for producing the postings. Makes it a Class 2 misdemeanor for an officer to knowingly file a false writing pursuant to the statute.
Applies to acts incurring liability and offenses committed on or after October 1, 2019.