Louisiana House Bill 8 (2008)
From Sunshine Review
Contents |
[edit] Introduction
House Bill 8 provides increased protection for public employees who report acts of impropriety within government entities. This is one of the bills passed during the legislative special session held from February 10th to February 26th on ethics reform.
[edit] Covered Situations
Any public employee who reports to a competent authority information that he or she believes to be a violation of law, rule, or regulation, or any other acts of impropriety related to the scope of duties of public employment or public office, shall be free from disciple, reprisal, and threats of disciple or reprisal by the public employer for reporting such acts.
No employee with the authority to hire, fire, or disciple employees will reprise, or threaten to reprise any employee for coming forward with information about acts of impropriety.
[edit] Repercusions
If an employee is suspended, demoted, or fired, or threatened with suspension, demotion, or dismissal, as an act of reprisal for reporting an alleged act of impropriety, the employee will report this action to the Board of Ethics. If an employee has been wrongfully suspended, demoted, or fired, the employee is entitled to reinstatement and to receive any lost benefits and wages from this period of time
[edit] Notice of Violation
The Board of Ethics will provide a written notice to the department head of which the employee works for, of a pending investigation 10 days before beginning an investigation.
If the Board decides that a public or private hearing is required to gather evidence to decide whether a violation of this law has occurred, then the department head will receive a written notice of this 60 days before the hearing is to take place.
The employee's agency shall cooperate with this investigation in any way possible. The agency is a required part of any investigation, hearing, or consent opinion held by the board and is entitled to legal counsel, to cross-examine witnesses, to call witnesses, and to submit evidence.
[edit] Fines and Penalties
Any employee with the authority to hire, fire, or disciple employees with reprisal, who has violated this law, is subject to the same fines and penalties found elsewhere in this chapter.
If any criminal offense is believed to have occurred as well, the case and documentation of the board's findings will be forwarded to the district attorney's office.
[edit] Level of Authority
If before the board's investigation is complete, an employee who has been allegedly been a victim of a violation of this law files a civil action against his agency, the board will cease its investigation until the case has been solved. The court ruling will be the final resolution in all cases, except when the plaintiff dismisses the charges.
[edit] Postings
At each building where ten or more public employees work, the department head must make sure that this law, written in plain language for the employees is posted in a convenient and conspicuous place to allow employees to know their rights. THe board shall determine the specific contents of this notice. [1]
[edit] House Votes
- Yeas: 96
- Nays: 0
- Absent 8
[edit] Senate Votes
- Yeas: 37
- Nays: 0
- Absent: 2
