First Regular Session
Sixty-second General Assembly
LLS NO. 99-0671.01 Jane Ard-Smith HOUSE BILL 99-1258
STATE OF COLORADO
BY REPRESENTATIVE Zimmerman
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING THE PROTECTION OF LOCAL GOVERNMENT EMPLOYEES FROM
102 RETALIATION BY LOCAL GOVERNMENT EMPLOYERS FOR DISCLOSING
103 CERTAIN NEGATIVE INFORMATION ABOUT SUCH EMPLOYERS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Defines local government employer as any statutory or home rule
county or municipality. Prohibits local government employers from
discharging, threatening, or otherwise discriminating or retaliating against
an employee regarding the employee's compensation, promotions, or
location, terms, conditions, or privileges of employment because the
employee in good faith either discloses or threatens to disclose a violation
of law, mismanagement, wrongdoing, or waste by the local government
employer or provides information to or testifies before, either orally or in
writing, any public body concerning such violation, mismanagement,
wrongdoing, or waste.
Prohibits an employee from disclosing information in a manner
prohibited by law or if the information is prescribed as confidential by
law. Prohibits a local government employer from adopting or
implementing rules, regulations, or policies that unreasonably restrict an
employee's ability to document the existence of any violation of law,
mismanagement, wrongdoing, or waste by the local government
employer. Allows an employee or former employee who alleges a
violation to file a complaint with the state personnel board. Establishes
procedures and remedies for such a complaint. Authorizes the board to
promulgate rules regarding complaints. Provides for appeals of the
board's decision.
Requires each local government employer to post a copy of this act
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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in a prominent location at the workplace. Requires a local government
employer to take appropriate disciplinary action against the person or
persons who are responsible for a violation if the state personnel board
finds such a violation.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 29, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 5.6
5 Conscientious Local Government
6 Employee Protection Act
7 29-5.6-101. Legislative declaration. THE GENERAL ASSEMBLY
8 HEREBY FINDS AND DECLARES THAT IT IS A MATTER OF STATEWIDE
9 CONCERN FOR THE PEOPLE OF COLORADO TO LEARN INFORMATION ABOUT
10 THE WORKINGS OF LOCAL GOVERNMENT IN ORDER TO REDUCE THE WASTE
11 AND MISMANAGEMENT OF PUBLIC FUNDS, TO REDUCE ABUSES IN
12 GOVERNMENT AUTHORITY, AND TO PREVENT ILLEGAL AND UNETHICAL
13 PRACTICES IN GOVERNMENT. THE GENERAL ASSEMBLY FURTHER
14 DECLARES THAT EMPLOYEES OF LOCAL GOVERNMENTS WITHIN THE STATE
15 OF COLORADO ARE FIRST AND FOREMOST CITIZENS OF THE STATE AND AS
16 SUCH, HAVE A RIGHT AND A RESPONSIBILITY TO BEHAVE AS GOOD CITIZENS
17 IN OUR COMMON EFFORTS TO PROVIDE SOUND MANAGEMENT OF
18 GOVERNMENTAL AFFAIRS. TO HELP ACHIEVE THESE OBJECTIVES, THE
19 GENERAL ASSEMBLY DECLARES THAT LOCAL GOVERNMENT EMPLOYEES
20 SHOULD BE ENCOURAGED TO DISCLOSE INFORMATION ABOUT THE ACTIONS
21 OF LOCAL GOVERNMENTS THAT ARE NOT IN THE PUBLIC INTEREST.
22 FURTHERMORE, STATE ACTION IS NEEDED TO ENSURE THAT ANY LOCAL
23 GOVERNMENT EMPLOYEE MAKING SUCH DISCLOSURES IS NOT SUBJECT TO
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1 RETALIATORY ACTIONS OF ANY KIND, INCLUDING DISCIPLINARY MEASURES
2 OR HARASSMENT BY ANY PUBLIC OFFICIAL.
3 29-5.6-102. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY
4 BE CITED AS THE "CONSCIENTIOUS LOCAL GOVERNMENT EMPLOYEE
5 PROTECTION ACT".
6 29-5.6-103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
7 CONTEXT OTHERWISE REQUIRES:
8 (1) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR
9 A LOCAL GOVERNMENT EMPLOYER FOR COMPENSATION OR OTHER
10 REMUNERATION.
11 (2) "LOCAL GOVERNMENT EMPLOYER" MEANS ANY STATUTORY OR
12 HOME RULE COUNTY OR MUNICIPALITY.
13 29-5.6-104. Protection of local government employees. (1) NO
14 LOCAL GOVERNMENT EMPLOYER MAY DISCHARGE, THREATEN, OR
15 OTHERWISE DISCRIMINATE OR RETALIATE AGAINST AN EMPLOYEE
16 REGARDING THE EMPLOYEE'S COMPENSATION, PROMOTIONS, OR LOCATION,
17 TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT BECAUSE THE
18 EMPLOYEE IN GOOD FAITH:
19 (a) DISCLOSES OR THREATENS TO DISCLOSE, EITHER ORALLY OR IN
20 WRITING, A VIOLATION OF LAW, MISMANAGEMENT, WRONGDOING, OR
21 WASTE BY THE LOCAL GOVERNMENT EMPLOYER;
22 (b) PROVIDES INFORMATION TO OR TESTIFIES BEFORE, EITHER
23 ORALLY OR IN WRITING, ANY PUBLIC BODY CONCERNING A VIOLATION OF
24 LAW, MISMANAGEMENT, WRONGDOING, OR WASTE BY THE LOCAL
25 GOVERNMENT EMPLOYER.
26 29-5.6-105. Confidential information. AN EMPLOYEE MAY NOT
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1 DISCLOSE INFORMATION IN A MANNER PROHIBITED BY LAW OR IF THE
2 INFORMATION IS PRESCRIBED AS CONFIDENTIAL BY LAW.
3 29-5.6-106. Documentation. A LOCAL GOVERNMENT EMPLOYER
4 MAY NOT ADOPT OR IMPLEMENT RULES, REGULATIONS, OR POLICIES THAT
5 UNREASONABLY RESTRICT AN EMPLOYEE'S ABILITY TO DOCUMENT THE
6 EXISTENCE OF ANY VIOLATION OF LAW, MISMANAGEMENT, WRONGDOING,
7 OR WASTE BY THE LOCAL GOVERNMENT EMPLOYER.
8 29-5.6-107. Powers of the state personnel board - remedies.
9 (1) AN EMPLOYEE OR FORMER EMPLOYEE WHO ALLEGES A VIOLATION OF
10 THIS ARTICLE MAY FILE A COMPLAINT WITH THE STATE PERSONNEL BOARD
11 AS PROVIDED IN THIS ARTICLE.
12 (2) WITHIN TEN DAYS AFTER RECEIVING A COMPLAINT PURSUANT
13 TO THIS ARTICLE, THE STATE PERSONNEL BOARD SHALL SEND A COPY OF
14 THE COMPLAINT TO THE AFFECTED LOCAL GOVERNMENT EMPLOYER AND
15 SHALL PROVIDE THE EMPLOYEE OR FORMER EMPLOYEE WITH WRITTEN
16 NOTICE THAT THE COMPLAINT HAS BEEN RECEIVED AND DOCKETED AND
17 THAT SETS FORTH THE PROCESS FOR REVIEWING SUCH COMPLAINT. WITHIN
18 TEN DAYS AFTER RECEIVING THE COMPLAINT, THE STATE PERSONNEL
19 BOARD SHALL SET THE COMPLAINT FOR HEARING BEFORE AN
20 ADMINISTRATIVE LAW JUDGE. SUCH HEARING SHALL COMMENCE NO LATER
21 THAN NINETY DAYS AFTER RECEIPT OF THE COMPLAINT. THE HEARING
22 DATE MAY BE POSTPONED FOR GOOD CAUSE SHOWN WITH THE APPROVAL
23 OF THE STATE PERSONNEL BOARD.
24 (3) AFTER THE HEARING, IF THE STATE PERSONNEL BOARD
25 DETERMINES THAT THE LOCAL GOVERNMENT EMPLOYER DISCRIMINATED
26 AGAINST THE EMPLOYEE OR FORMER EMPLOYEE IN VIOLATION OF THIS
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1 ARTICLE, THE STATE PERSONNEL BOARD SHALL ORDER THE APPROPRIATE
2 RELIEF, INCLUDING BUT NOT LIMITED TO REINSTATEMENT, BACK PAY,
3 REINSTATEMENT OF ALL BENEFITS AND SENIORITY RIGHTS, RESTORATION
4 OF LOST SERVICE CREDIT, EXPUNGEMENT OF THE RECORDS OF THE
5 EMPLOYEE OR FORMER EMPLOYEE, AND ACTUAL DAMAGES TO THE
6 EMPLOYEE OR FORMER EMPLOYEE. IN ADDITION, THE STATE PERSONNEL
7 BOARD MAY ORDER THAT THE EMPLOYEE OR FORMER EMPLOYEE FILING
8 THE COMPLAINT BE REIMBURSED FOR ANY COSTS, INCLUDING ATTORNEY
9 FEES.
10 (4) THE STATE PERSONNEL BOARD SHALL PROMULGATE RULES
11 CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE THAT ESTABLISH THE
12 PROCEDURES FOR FILING COMPLAINTS WITH THE STATE PERSONNEL BOARD
13 AND THAT IDENTIFY THE RIGHTS AND OBLIGATIONS OF EMPLOYEES AND
14 FORMER EMPLOYEES UNDER THIS ARTICLE.
15 29-5.6-108. Posted notice of rights. EACH LOCAL GOVERNMENT
16 EMPLOYER SHALL INFORM ITS EMPLOYEES OF THEIR RIGHTS UNDER THE
17 "CONSCIENTIOUS LOCAL GOVERNMENT EMPLOYEE PROTECTION ACT"
18 CONTAINED IN THIS ARTICLE BY PERMANENTLY POSTING A COPY OF SAID
19 ACT IN A PROMINENT LOCATION AT THE WORKPLACE.
20 29-5.6-109. Appeals - limitation of actions. (1) AN EMPLOYEE,
21 FORMER EMPLOYEE, OR LOCAL GOVERNMENT EMPLOYER THAT IS A PARTY
22 TO A HEARING PURSUANT TO THIS ARTICLE MAY APPEAL THE DECISION OF
23 THE STATE BOARD OF PERSONNEL TO THE APPROPRIATE DISTRICT COURT IN
24 ACCORDANCE WITH THE PROVISIONS IN SECTION 24-4-106, C.R.S.
25 (2) IN RENDERING JUDGMENT IN AN ACTION BROUGHT PURSUANT
26 TO THIS ARTICLE, THE DISTRICT COURT MAY AWARD ANY REMEDY IT
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1 CONSIDERS APPROPRIATE, INCLUDING BUT NOT LIMITED TO ATTORNEY
2 FEES, COURT COSTS, ACTUAL DAMAGES, REINSTATEMENT OF THE
3 EMPLOYEE OR FORMER EMPLOYEE, BACK PAY, REINSTATEMENT OF ALL
4 BENEFITS AND SENIORITY RIGHTS, RESTORATION OF LOST SERVICE CREDIT,
5 EXPUNGEMENT OF THE RECORDS OF THE EMPLOYEE OR FORMER EMPLOYEE,
6 OR ANY OTHER APPROPRIATE REMEDY.
7 (3) ANY ACTION BROUGHT UNDER THIS ARTICLE SHALL BE
8 COMMENCED WITHIN TWO YEARS AFTER THE DATE OF AN ALLEGED
9 VIOLATION.
10 29-5.6-110. Effect on other rights. NOTHING IN THIS ARTICLE
11 SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF
12 ANY LOCAL GOVERNMENT EMPLOYEE OR FORMER LOCAL GOVERNMENT
13 EMPLOYEE UNDER ANY OTHER FEDERAL LAW OR REGULATION, STATE LAW
14 OR RULE, OR ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT
15 CONTRACT.
16 29-5.6-111. Disciplinary action - when required. IF THE STATE
17 PERSONNEL BOARD FINDS THAT A LOCAL GOVERNMENT EMPLOYER HAS
18 VIOLATED ANY PROVISIONS OF THE "CONSCIENTIOUS LOCAL GOVERNMENT
19 EMPLOYEE PROTECTION ACT" CONTAINED IN THIS ARTICLE, THE LOCAL
20 GOVERNMENT EMPLOYER SHALL TAKE APPROPRIATE DISCIPLINARY ACTION
21 AGAINST THE PERSON OR PERSONS WHO ARE RESPONSIBLE FOR THE
22 VIOLATION.
23 SECTION 2. Effective date - applicability. This act shall take
24 effect July 1, 1999, and shall apply to local government employer actions
25 committed on or after said date.
26 SECTION 3. Safety clause. The general assembly hereby finds,
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1 determines, and declares that this act is necessary for the immediate
2 preservation of the public peace, health, and safety.