HF 3933

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; specifying duties and rights of executive branch
employees; providing remedies; amending Minnesota Statutes 2007 Supplement,
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 EXECUTIVE EMPLOYEES.
new text end

new text begin (a) Except as provided in paragraph (b), executive branch state employees 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.
new text end

new text begin (b) If an executive branch employee's responsibilities include advocating for
the appointing authority's policy goals or political goals, these responsibilities must be
included in a position description that is available to the public. A managerial employee
must not request an executive branch state employee to advocate policy or political goals
during hours of work, except according to the employee's position description.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, 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:

(a) 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;

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

(c) 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;

(d) 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

(e) 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 new text begin ; or
new text end

new text begin (f) an employee in the executive branch of state government communicates
information that the employee, in good faith, believes to be truthful and accurate, and that
relates to improving services provided by the executive branch, to: (1) a legislator or an
employee in the legislative branch; or (2) an elected official in the executive branch new text end .

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