Enacts the "public employee whistleblower protection act"; repealer

BILL NUMBER:S4084

Title of bill

An act to repeal paragraph (b) of subdivision 2 of section 75-b of the civil service law, in relation to enacting the "public employee whistleblower protection act"

Purpose or general idea of bill

To remove the requirement that public employee whistleblowers first notify their supervisors of the improper activity, in order to protect employees where it is the supervisors themselves who are engaged in the improper activity which the whistleblower seeks to report.

Summary of specific provisions

Paragraph (b) of subdivision 2 of section 75-b of the civil service law is repealed.

Justification

A public employee is required to make a good faith effort to first disclose to his or her appointing authority or designee information regarding an alleged violation of the law or improper government activity under the current "whistleblower law." However, this requirement fails to address cases where the employee's superior or another senior administrator may be involved in unethical activity, making reporting ill advised. According to the Commission on Public Integrity, over the years there have been cases where state employees requested anonymity when reporting unethical conduct to avoid retaliation, have refused to cooperate with investigations out of fear of reprisal or, at least in one reported case, been summarily fired, This act would modify the civil service law to remove the early disclosure requirement and thereby protect whistleblowers and enable them to expose improper actions by their superiors.

Legislative history

A.8014 (2010).

Fiscal implications

None.

Effective date

This act shall take effect immediately.