38-532

38-532. Prohibited personnel practice;
violation; reinstatement; exceptions; civil penalty

A. It is a prohibited personnel practice for an employee who has control over
personnel actions to take reprisal against an employee for a disclosure of information of
a matter of public concern by the employee to a public body which the employee reasonably
believes evidences:

1. A violation of any law.

2. Mismanagement, a gross waste of monies or an abuse of authority.

B. The disclosure by an employee to a public body alleging a violation of law,
mismanagement, gross waste of monies or abuse of authority shall be in writing and shall
contain the following information:

1. The date of the disclosure.

2. The name of the employee making the disclosure.

3. The nature of the alleged violation of law, mismanagement, gross waste of monies
or abuse of authority.

4. If possible, the date or range of dates on which the alleged violation of law,
mismanagement, gross waste of monies or abuse of authority occurred.

C. An employee who knowingly commits a prohibited personnel practice shall be
ordered by the state personnel board, a community college district governing board, a
school district governing board or other appropriate independent personnel board
established or authorized pursuant to section 38-534 to pay a civil penalty of up to five
thousand dollars to the state general fund, a county general fund, a community college
district unrestricted general fund or a school district maintenance and operation fund,
whichever is appropriate. The employee who committed the prohibited personnel practice,
not the governmental entity, shall pay the civil penalty. Upon a finding that an employee
committed a prohibited personnel practice, the employer shall take appropriate
disciplinary action including dismissal.

D. An employee or former employee against whom a prohibited personnel practice is
committed may recover attorney fees, costs, back pay, general and special damages and
full reinstatement for any reprisal resulting from the prohibited personnel practice as
determined by the court.

E. An employee does not commit a prohibited personnel practice if he takes reprisal
against an employee if that employee discloses information in a manner prohibited by law
or the materials or information are prescribed as confidential by law.

F. This section may not be used as a defense in a disciplinary action where the
employee is being disciplined for cause pursuant to section 41-770, except in a hearing
on a complaint brought pursuant to this section by an employee or former employee who
believes he has been the subject of a prohibited personnel practice as prescribed in this
section as the result of a disclosure of information.

G. On request or at any time an employee alleges reprisal, an employer shall
provide an employee who is subject to disciplinary or corrective action, suspension,
demotion or dismissal with a copy of this section.

H. If an employee or former employee believes that a personnel action taken against
him is the result of his disclosure of information under this section, he may make a
complaint to an appropriate independent personnel board, if one is established or
authorized pursuant to section 38-534 or to a community college district governing board
or school district governing board. If an independent personnel board has not been
established or authorized, or if a school district governing board or a community college
district governing board does not hear and decide personnel matters brought pursuant to
this section, the employee or former employee may make a complaint to the state personnel
board. A complaint made pursuant to this subsection shall be made within ten days of the
effective date of the action taken against him. The state personnel board, a school
district governing board, a community college governing board or other appropriate
independent personnel board, shall, pursuant to the rules governing appeals under section
41-785, make a determination concerning:

1. The validity of the complaint.

2. Whether a prohibited personnel practice was committed against the employee or
former employee as a result of disclosure of information by the employee or former
employee.

I. If the state personnel board, a community college district governing board, a
school district governing board or other appropriate independent personnel board
established or authorized pursuant to section 38-534 determines that a prohibited
personnel practice was committed as a result of disclosure of information by the employee
or former employee, it shall rescind the personnel action and order that all lost pay and
benefits be returned to the employee or former employee. The employee, former employee,
employee alleged to have committed a prohibited personnel practice pursuant to subsection
A of this section or employer may appeal the decision of the state personnel board, a
community college district governing board, a school district governing board or other
appropriate independent personnel board established or authorized pursuant to section
38-534 to the superior court as provided in title 12, chapter 7, article 6.
Notwithstanding section 12-910, an appeal to the superior court under this subsection
shall be tried de novo.

J. For purposes of a hearing by the state personnel board, a school district
governing board, a community college district governing board or other appropriate
independent personnel board conducted under this section, the employee, former employee,
employee alleged to have committed the prohibited personnel practice pursuant to
subsection A of this section and employer may be represented by counsel. In addition,
representation by counsel in such hearings shall meet any other requirements stipulated
by the state personnel board, a school district governing board, a community college
district governing board or other appropriate independent personnel board or as required
by law.

K. An employee or former employee may also seek injunctive relief as is otherwise
available in civil actions.

L. This section shall not be construed to limit or extend the civil or criminal
liability of an employee or former employee for any disclosure of information or to limit
an employee's right to a separate pretermination hearing with the employee's employer, as
provided by law.

M. An employee who knowingly makes a false accusation that a public officer or
employee who has control over personnel actions has engaged in a violation of any law,
mismanagement, a gross waste of monies or an abuse of authority is personally subject to
a civil penalty of up to twenty-five thousand dollars and dismissal from employment by
the employer.