Chapter 24 Oregon Laws 2010 Special Session

AN ACT

SB 996

Relating to whistleblower protection for public employees; amending ORS 659A.203 and 659A.206; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 659A.203 is amended to read:

          659A.203. (1) Subject to ORS 659A.206, except as provided in ORS 659A.200 to 659A.224, it is an unlawful employment practice for any public employer to:

          (a) Prohibit any employee from discussing, in response to an official request, either specifically or generally with any member of the Legislative Assembly, [or] legislative committee staff acting under the direction of a member of the Legislative Assembly, any member of the elected governing body of a political subdivision in the state or any elected auditor of a city, county or metropolitan service district, the activities of:

          (A) The state or any agency of or political subdivision in the state; or

          (B) Any person authorized to act on behalf of the state or any agency of or political subdivision in the state.

          (b) Prohibit any employee from disclosing, or take or threaten to take disciplinary action against an employee for the disclosure of any information that the employee reasonably believes is evidence of:

          (A) A violation of any federal or state law, rule or regulation by the state, agency or political subdivision;

          (B) Mismanagement, gross waste of funds or abuse of authority or substantial and specific danger to public health and safety resulting from action of the state, agency or political subdivision; or

          (C) Subject to ORS 659A.212 (2), the fact that a person receiving services, benefits or assistance from the state or agency or subdivision, is subject to a felony or misdemeanor warrant for arrest issued by this state, any other state, the federal government, or any territory, commonwealth or governmental instrumentality of the United States.

          (c) Require any employee to give notice prior to making any disclosure or engaging in discussion described in this section, except as allowed in ORS 659A.206 (1).

          (d) Discourage, restrain, dissuade, coerce, prevent or otherwise interfere with disclosure or discussions described in this section.

          (2) No public employer shall invoke or impose any disciplinary action against an employee for employee activity described in subsection (1) of this section or ORS 659A.212.

SECTION 2. ORS 659A.206 is amended to read:

          659A.206. ORS 659A.200 to 659A.224 are not intended to:

          (1) Prohibit a supervisor or appointing authority from requiring that an employee inform the supervisor or appointing authority as to official [legislative] requests for information to the agency or subdivision or the substance of testimony made, or to be made, by the employee to legislators or members of the elected governing body of a political subdivision on behalf of the agency or subdivision;

          (2) Permit an employee to leave the employee’s assigned work areas during normal work hours without following applicable rules and policies pertaining to leaves, unless the employee is requested by [a member of the Legislative Assembly or a legislative committee to appear before a legislative committee;]:

          (a) A member of the Legislative Assembly or a legislative committee to appear before a legislative committee;

          (b) A member of the elected governing body of a political subdivision to appear before the governing body of the political subdivision; or

          (c) An elected auditor of a city, county or metropolitan service district to participate in an investigation or audit;

          (3) Authorize an employee to represent the employee’s personal opinions as the opinions of the agency or subdivision;

          (4) Except as specified in ORS 659A.212 (2), authorize an employee to disclose information required to be kept confidential under state or federal law, rule or regulation;

          (5) Restrict or preclude disciplinary action against an employee if the information disclosed by the employee is known by the employee to be false, if the employee discloses the information with reckless disregard for its truth or falsity, or if the information disclosed relates to the employee’s own violations, mismanagement, gross waste of funds, abuse of authority or endangerment of the public health or safety; or

          (6) Restrict or impair any judicial right of action an employee or an employer has under existing law.

SECTION 3. This 2010 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2010 Act takes effect on its passage.

Approved by the Governor March 4, 2010

Filed in the office of Secretary of State March 4, 2010

Effective date March 4, 2010

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