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HF 542

as introduced - 88th Legislature (2013 - 2014) Posted on 02/13/2013 02:10pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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 2012, 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] CLASSIFIED EMPLOYEE COMMUNICATIONS WITH
DECISION MAKERS.
new text end

new text begin State employees in the classified service are expected to provide objective
information in a timely manner to both executive and legislative decision makers. State
employees shall provide assistance to legislative decision makers in a manner that is
consistent with the need to perform the employees' other duties. A classified state
employee shall make a good-faith effort to maintain the confidentiality of budget or
policy discussions with a member of the legislature or the member's staff person, unless
otherwise directed by that member or staff person. 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 2012, 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 beginor
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 officialdeleted text begin.deleted text endnew 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