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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0494.01 GWF HOUSE BILL 98­1145

STATE OF COLORADO

BY REPRESENTATIVES Zimmerman and Mace;

also SENATOR Rizzuto.

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING THE PROTECTION OF LOCAL GOVERNMENT EMPLOYEES FROM RETALIATION BY LOCAL GOVERNMENT EMPLOYERS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Prohibits a local government employer from discharging, threatening, or otherwise discriminating or retaliating against an employee who discloses information about a violation of the law, mismanagement, wrongdoing, or waste or who provides information or testimony to any public body concerning a violation of the law, mismanagement, wrongdoing, or waste.

Provides that an employee may not disclose information in a manner prohibited by law or information that is prescribed by law as confidential.

Prohibits a local government employer from implementing rules or policies that unreasonably restrict an employee's ability to document any violation of the law, mismanagement, wrongdoing, or waste.

Requires the attorney general to enforce the above provisions at the administrative level, investigate each complaint, and determine the validity of the complaint within 180 days of filing the complaint. Allows the accused party to appeal the attorney general's decision by means of a new trial to a state district court.

Limits the time in which an action can be commenced. Authorizes awards of specified remedies including costs, attorney fees, back wages, and reinstatement.

Subjects a local government employee who violates the above provisions to a civil fine. If a violation occurs, requires local government employers to take appropriate disciplinary action.

Requires local government employers to post a notice in the workplace informing employees of their rights.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 5.5

Local Government Employees

29­5.5­101.  Short title.  THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "CONSCIENTIOUS LOCAL GOVERNMENT EMPLOYEE PROTECTION ACT".

29­5.5­102.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR A LOCAL GOVERNMENT EMPLOYER FOR COMPENSATION OR REMUNERATION.

(2)  "LOCAL GOVERNMENT EMPLOYER" MEANS ANY AUTHORITY, COUNTY, CITY, CITY AND COUNTY, DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE.

29­5.5­103.  Protection of employees ­ discrimination prohibited. (1)  EXCEPT AS PROVIDED IN SECTION 29­5.5­104, NO LOCAL GOVERNMENT EMPLOYER SHALL DISCHARGE, THREATEN, DISCRIMINATE, OR OTHERWISE RETALIATE AGAINST AN EMPLOYEE IN A MANNER THAT AFFECTS THE EMPLOYEE'S COMPENSATION, TERMS OR CONDITIONS OF EMPLOYMENT, PROMOTIONS, PLACE OF EMPLOYMENT, OR OTHER PRIVILEGES BECAUSE THE EMPLOYEE IN GOOD FAITH:

(a)  DISCLOSES OR THREATENS TO DISCLOSE, VERBALLY OR IN WRITING, A VIOLATION OF THE LAW, MISMANAGEMENT, WRONGDOING, OR WASTE BY SUCH EMPLOYEE'S LOCAL GOVERNMENT EMPLOYER; OR

(b)  PROVIDES INFORMATION TO, OR TESTIFIES BEFORE, VERBALLY OR IN WRITING, ANY PUBLIC BODY CONCERNING A VIOLATION OF THE LAW, MISMANAGEMENT, WRONGDOING, OR WASTE BY SUCH EMPLOYEE'S LOCAL GOVERNMENT EMPLOYER.

29­5.5­104.  Confidential information.  PURSUANT TO THIS ARTICLE, AN EMPLOYEE SHALL NOT DISCLOSE INFORMATION IN A MANNER PROHIBITED BY LAW, NOR SHALL SUCH EMPLOYEE DISCLOSE INFORMATION THAT IS PRESCRIBED BY LAW AS CONFIDENTIAL.

29­5.5­105.  Documentation.  A LOCAL GOVERNMENT EMPLOYER SHALL NOT IMPLEMENT RULES OR POLICIES THAT UNREASONABLY RESTRICT AN EMPLOYEE'S ABILITY TO DOCUMENT THE EXISTENCE OF ANY VIOLATION OF THE LAW, MISMANAGEMENT, WRONGDOING, OR WASTE BY SUCH EMPLOYEE'S LOCAL GOVERNMENT EMPLOYER.

29­5.5­106.  Employee remedies and powers of the attorney general.  (1)  AN EMPLOYEE OR FORMER EMPLOYEE WHO ALLEGES A VIOLATION OF SECTION 29­5.5­103 MAY FILE A COMPLAINT WITH THE STATE ATTORNEY GENERAL'S OFFICE. THE ATTORNEY GENERAL IS RESPONSIBLE FOR ENFORCING THE PROVISIONS OF THIS ARTICLE AT THE ADMINISTRATIVE LEVEL. THE ATTORNEY GENERAL'S OFFICE SHALL INVESTIGATE EACH COMPLAINT AND MAKE A DETERMINATION CONCERNING THE VALIDITY OF THE COMPLAINT WITHIN ONE HUNDRED EIGHTY DAYS OF FILING THE COMPLAINT. THE ATTORNEY GENERAL MAY REQUEST PARTIES TO FILE WRITTEN STATEMENTS CONCERNING THE ALLEGED VIOLATION, EXAMINE UNDER OATH ANY PERSON IN CONNECTION WITH THE ALLEGED VIOLATION, ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES OR THE PRODUCTION OF DOCUMENTS, ADMINISTER OATHS, CONDUCT HEARINGS IN AID OF AN INVESTIGATION OR INQUIRY, AND PRESCRIBE SUCH FORMS AND PROMULGATE SUCH RULES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTICLE. IF THE ATTORNEY GENERAL DETERMINES THAT THE LOCAL GOVERNMENT EMPLOYER HAS VIOLATED SECTION 29­5.5­103, THE ATTORNEY GENERAL SHALL ISSUE AN ADMINISTRATIVE ORDER DIRECTING THE LOCAL GOVERNMENT TO REINSTATE THE EMPLOYEE, ORDER PAYMENT OF BACK WAGES, REINSTATE ALL FRINGE BENEFITS AND SENIORITY RIGHTS, AND ORDER PAYMENT OF THE EMPLOYEE'S ACTUAL DAMAGES AND ATTORNEY FEES.

(2)  THE LOCAL GOVERNMENT EMPLOYER AND THE EMPLOYEE, FORMER EMPLOYEE, OR SUPERVISOR OF THE LOCAL GOVERNMENT EMPLOYER ALLEGED TO HAVE VIOLATED SECTION 29­5.5­103 MAY APPEAL THE DECISION OF THE ATTORNEY GENERAL TO A STATE DISTRICT COURT OF COMPETENT JURISDICTION. AN APPEAL TO THE DISTRICT COURT UNDER THIS SUBSECTION (2) SHALL BE TRIED DE NOVO. TO PREVAIL IN SUCH AN APPEAL BROUGHT UNDER THE AUTHORITY OF THIS SUBSECTION (2), THE EMPLOYEE WHO ALLEGES A VIOLATION OF SECTION 29­5.5­103 SHALL ESTABLISH, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE EMPLOYEE HAS BEEN DISCHARGED, THREATENED, DISCRIMINATED, OR OTHERWISE RETALIATED AGAINST BECAUSE THE LOCAL GOVERNMENT EMPLOYER OR A PERSON ACTING ON THE BEHALF OF SUCH EMPLOYER ENGAGED IN AN ACTIVITY PROHIBITED BY SECTION 29­5.5­103.

29­5.5­107.  Limitations.  ALL ACTIONS BROUGHT UNDER SECTION 29­5.5­106 MUST BE COMMENCED WITHIN TWO YEARS AFTER THE DATE OF THE ALLEGED VIOLATION OF SECTION 29­5.5­103.

29­5.5­108.  Court enforcement.  A COURT, IN RENDERING A JUDGMENT IN AN ACTION BROUGHT UNDER THE PROVISIONS OF THIS ARTICLE, SHALL ORDER, AS THE COURT CONSIDERS APPROPRIATE, ATTORNEY FEES, COURT COSTS, REINSTATEMENT OF THE EMPLOYEE, PAYMENT OF BACK WAGES, FULL REINSTATEMENT OF FRINGE BENEFITS AND SENIORITY RIGHTS, ACTUAL DAMAGES, OR ANY COMBINATION OF THESE REMEDIES.

29­5.5­109.  Penalties.  AN EMPLOYEE WHO, UNDER COLOR OF A LOCAL GOVERNMENT EMPLOYER'S AUTHORITY, VIOLATES THE PROVISIONS OF SECTION 29­5.5­103 SHALL BE LIABLE FOR A CIVIL FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, AND SUCH EMPLOYEE, RATHER THAN THE LOCAL GOVERNMENT EMPLOYER, SHALL PAY THE CIVIL FINE. A CIVIL FINE ORDERED UNDER THIS SECTION SHALL BE PAID TO THE GENERAL FUND OF THE LOCAL GOVERNMENT. UPON A FINDING THAT AN EMPLOYEE COMMITTED A VIOLATION OF SECTION 29­5.5­103, THE LOCAL GOVERNMENT EMPLOYER SHALL TAKE APPROPRIATE DISCIPLINARY ACTION, INCLUDING DISMISSAL.

29­5.5­110.  Effect on other rights.  NOTHING IN THIS ARTICLE SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY OTHER FEDERAL OR STATE LAW OR REGULATION OR UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT.

29­5.5­111.  Notice.  ALL LOCAL GOVERNMENT EMPLOYERS SHALL INFORM THEIR EMPLOYEES OF THE EMPLOYEES' RIGHTS UNDER THIS ARTICLE BY POSTING A SIGN IN A PROMINENT LOCATION IN THE WORKPLACE. THE ATTORNEY GENERAL SHALL PROMULGATE RULES TO PRESCRIBE THE DESIGN, CONTENT, AND PLACEMENT OF SUCH SIGN. SUCH RULES SHALL BE PROMULGATED IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S.

SECTION 2.  Effective date ­ applicability.  This act shall take effect July 1, 1998, and shall apply to violations occurring on or after said date.

SECTION 3.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.