HF 1531

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 12:51pm

A bill for an act
relating to state government; establishing expectations for classified employees as
nonpartisan resources to all decision makers; providing additional whistleblower
protection to state employees; amending Minnesota Statutes 2008, section
181.932, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 43A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [43A.015] DUTIES AND RIGHTS OF CLASSIFIED EMPLOYEES.
new text end

new text begin State employees in the classified service are expected during their work hours to be
nonpartisan resources to all decision makers, and to provide timely, professional assistance
to both executive and legislative decision makers and their staff in understanding
the current service and finance system and the potential impact of changes on these
systems. Workload concerns related to these requests shall be mediated, if necessary, by
management staff in a manner that does not advantage any particular set of decision
makers, but allows for balanced support and adequate attention to the ongoing
responsibilities of the agency. This section does not authorize or require an employee to
disclose data otherwise protected by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 181.932, subdivision 1, is amended to read:

Subdivision 1.

Prohibited action.

An employer shall not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the employee's
compensation, terms, conditions, location, or privileges of employment because:

(1) the employee, or a person acting on behalf of an employee, in good faith, reports
a violation or suspected violation of any federal or state law or rule adopted pursuant to
law to an employer or to any governmental body or law enforcement official;

(2) the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;

(3) the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or rule or
regulation adopted pursuant to law, and the employee informs the employer that the order
is being refused for that reason;

(4) the employee, in good faith, reports a situation in which the quality of health care
services provided by a health care facility, organization, or health care provider violates a
standard established by federal or state law or a professionally recognized national clinical
or ethical standard and potentially places the public at risk of harm; deleted text begin or
deleted text end

(5) a public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate, including reports
to a governmental body or law enforcement official deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) an employee in the classified service of state government communicates
information that the employee, in good faith, believes to be truthful and accurate, and that
relates to state services, including the financing of state services to:
new text end

new text begin (i) a legislator or the legislative auditor; or
new text end

new text begin (ii) a constitutional officer.
new text end

The disclosures protected pursuant to this section do not authorize the disclosure of data
otherwise protected by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end