State Codes and Statutes

Statutes > Kentucky > 061-00 > 103

Download pdf
Loading PDF...


61.103 Definitions of &quot;disclosure&quot; and &quot;contributing factor&quot; -- Civil action by employee authorized -- Evidence. As used in this section, unless the context otherwise requires: <br>(1) (a) &quot;Disclosure&quot; means a person acting on his own behalf, or on behalf of another, who reported or is about to report, either verbally or in writing, any matter set <br>forth in KRS 61.102. (b) &quot;Contributing factor&quot; means any factor which, alone or in connection with other factors, tends to affect in any way the outcome of a decision. It shall be <br>presumed there existed a &quot;contributing factor&quot; if the official taking the action <br>knew or had constructive knowledge of the disclosure and acted within a <br>limited period of time so that a reasonable person would conclude the <br>disclosure was a factor in the personnel action. (2) Notwithstanding the administrative remedies granted by KRS Chapters 16, 18A, 78, 90, 95, 156, and other chapters of the Kentucky Revised Statutes, employees <br>alleging a violation of KRS 61.102(1) or (2) may bring a civil action for appropriate <br>injunctive relief or punitive damages, or both, within ninety (90) days after the <br>occurrence of the alleged violation. The action may be filed in the Circuit Court for <br>the county where the alleged violation occurred, the county where the complainant <br>resides, or the county where the person against whom the civil complaint is filed <br>resides or has his principal place of business. (3) Employees filing court actions under the provisions of subsection (2) of this section shall show by a preponderance of evidence that the disclosure was a contributing <br>factor in the personnel action. Once a prima facie case of reprisal has been <br>established and disclosure determined to be a contributing factor to the personnel <br>action, the burden of proof shall be on the agency to prove by clear and convincing <br>evidence that the disclosure was not a material fact in the personnel action. (4) Any employee who testifies in an official proceeding shall be afforded the same protections and rights as the employee who makes a disclosure as set forth in KRS <br>61.102. Effective: September 16, 1993 <br>History: Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 65, effective September 16, 1993. -- Created 1986 Ky. Acts ch. 301, sec. 3, effective July 15, 1986.

State Codes and Statutes

Statutes > Kentucky > 061-00 > 103

Download pdf
Loading PDF...


61.103 Definitions of &quot;disclosure&quot; and &quot;contributing factor&quot; -- Civil action by employee authorized -- Evidence. As used in this section, unless the context otherwise requires: <br>(1) (a) &quot;Disclosure&quot; means a person acting on his own behalf, or on behalf of another, who reported or is about to report, either verbally or in writing, any matter set <br>forth in KRS 61.102. (b) &quot;Contributing factor&quot; means any factor which, alone or in connection with other factors, tends to affect in any way the outcome of a decision. It shall be <br>presumed there existed a &quot;contributing factor&quot; if the official taking the action <br>knew or had constructive knowledge of the disclosure and acted within a <br>limited period of time so that a reasonable person would conclude the <br>disclosure was a factor in the personnel action. (2) Notwithstanding the administrative remedies granted by KRS Chapters 16, 18A, 78, 90, 95, 156, and other chapters of the Kentucky Revised Statutes, employees <br>alleging a violation of KRS 61.102(1) or (2) may bring a civil action for appropriate <br>injunctive relief or punitive damages, or both, within ninety (90) days after the <br>occurrence of the alleged violation. The action may be filed in the Circuit Court for <br>the county where the alleged violation occurred, the county where the complainant <br>resides, or the county where the person against whom the civil complaint is filed <br>resides or has his principal place of business. (3) Employees filing court actions under the provisions of subsection (2) of this section shall show by a preponderance of evidence that the disclosure was a contributing <br>factor in the personnel action. Once a prima facie case of reprisal has been <br>established and disclosure determined to be a contributing factor to the personnel <br>action, the burden of proof shall be on the agency to prove by clear and convincing <br>evidence that the disclosure was not a material fact in the personnel action. (4) Any employee who testifies in an official proceeding shall be afforded the same protections and rights as the employee who makes a disclosure as set forth in KRS <br>61.102. Effective: September 16, 1993 <br>History: Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 65, effective September 16, 1993. -- Created 1986 Ky. Acts ch. 301, sec. 3, effective July 15, 1986.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 061-00 > 103

Download pdf
Loading PDF...


61.103 Definitions of &quot;disclosure&quot; and &quot;contributing factor&quot; -- Civil action by employee authorized -- Evidence. As used in this section, unless the context otherwise requires: <br>(1) (a) &quot;Disclosure&quot; means a person acting on his own behalf, or on behalf of another, who reported or is about to report, either verbally or in writing, any matter set <br>forth in KRS 61.102. (b) &quot;Contributing factor&quot; means any factor which, alone or in connection with other factors, tends to affect in any way the outcome of a decision. It shall be <br>presumed there existed a &quot;contributing factor&quot; if the official taking the action <br>knew or had constructive knowledge of the disclosure and acted within a <br>limited period of time so that a reasonable person would conclude the <br>disclosure was a factor in the personnel action. (2) Notwithstanding the administrative remedies granted by KRS Chapters 16, 18A, 78, 90, 95, 156, and other chapters of the Kentucky Revised Statutes, employees <br>alleging a violation of KRS 61.102(1) or (2) may bring a civil action for appropriate <br>injunctive relief or punitive damages, or both, within ninety (90) days after the <br>occurrence of the alleged violation. The action may be filed in the Circuit Court for <br>the county where the alleged violation occurred, the county where the complainant <br>resides, or the county where the person against whom the civil complaint is filed <br>resides or has his principal place of business. (3) Employees filing court actions under the provisions of subsection (2) of this section shall show by a preponderance of evidence that the disclosure was a contributing <br>factor in the personnel action. Once a prima facie case of reprisal has been <br>established and disclosure determined to be a contributing factor to the personnel <br>action, the burden of proof shall be on the agency to prove by clear and convincing <br>evidence that the disclosure was not a material fact in the personnel action. (4) Any employee who testifies in an official proceeding shall be afforded the same protections and rights as the employee who makes a disclosure as set forth in KRS <br>61.102. Effective: September 16, 1993 <br>History: Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 65, effective September 16, 1993. -- Created 1986 Ky. Acts ch. 301, sec. 3, effective July 15, 1986.