1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/07/2013 01:56pm
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:
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State employees in the classified service are expected to provide information in a
timely manner to both executive and legislative decision makers. Classified state employees
shall provide assistance to legislative decision makers in a manner that is consistent with
the employees' other duties. Consultation with their direct supervisor on the request
may be required but shall not unduly slow the promptness of the reply. A classified state
employee, and if applicable the employee's supervisor, shall maintain the confidentiality of
budget or policy discussions with a member of the legislature or legislative staff acting on a
member's request, unless otherwise designated by the legislator or legislative staff person.
This section does not authorize an employee to disclose data otherwise protected by law.
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This section is effective the day following final enactment.
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Minnesota Statutes 2012, section 181.932, subdivision 1, is amended to read:
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
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(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 end new text begin ; or
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(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:
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(i) a legislator, the legislative auditor, or a legislative employee; or
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(ii) a constitutional officer.
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The disclosures protected pursuant to this section do not authorize the disclosure of data
otherwise protected by law.
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This section is effective the day following final enactment.
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