Bill SD.1827

SENATE DOCKET, NO. 1827 FILED ON: 5/30/2013

SENATE . . . . . . . . . . . . . . No.

By Mr. Richard T. Moore (by request), a petition (subject to Joint Rule 12) of Michael Crenshaw for legislation to enhance whistleblower protections. Public Service.

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act enhancing whistleblower protections.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Subsection (a) of section 185 of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following definitions:-

“Public Safety Employee”, any individual employed in the commonwealth as a municipal police officer, state police officer, environmental police officer, college or university or campus police officer, firefighter, EMT, correction officer, sheriff, deputy sheriff, emergency communication dispatcher, probation officer, parole officer or appointed and sworn special police or peace officer.

“Witness or Spokesperson or Union Official”, any individual that is chosen or elected or willing to speak on behalf of an individual employee, group or unit of employees that provides, discloses, or threatens to disclose to a supervisor, municipal official, or to a public body an activity, policy or practice of the employer, or of another employer with whom the employee’s employer has a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety, or the environment.

“Internal Disclosure”, in the event that the supervisor, or any individual or public body to whom an employer has given the authority to direct and control the work performance of the affected employee or local public body, appointed or elected, is responsible or involved in any violation of law, policy or practice or a rule or regulation promulgated pursuant to law or which the employee reasonably poses a risk to public health, safety or the environment, or for any conflict of interest as defined under section 6A of chapter 268A, the district attorney’s office of that country and the office of the inspector general shall be immediately notified for investigation and follow up.

SECTION 2. Subsection (a)(5) of said section 185 of chapter 149 of the General Laws, is hereby amended by inserting, in line 27, after the words “taken against or” the following:- “adverse working condition placed upon”

SECTION 3. Subsection (b) of said section 185 of chapter 149 of the General Laws, is hereby amended by inserting after subsection (b)(3) the following new sections:-

(4) Any public safety employee who discloses or threatens to disclose to a public body or supervisor or any individual to whom an employee has given the authority to direct and control the work performance of the affected employee an activity, policy or practice of the employer, or of another employer with whom the employee’s employer has a business relationship, that the employee reasonably believes is in violation of the law, or a rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or the environment shall not be punished or receive retaliatory action or adverse working conditions or by an employer or a supervisor or any individual to whom an employee has given the authority to direct and control the work performance of the affected employee for refusing to or objecting to participate in the activity, policy or practice that was disclosed or violation of law or fears physical harm or injury because of the disclosure.

(5) Any witness or spokesperson or union official that discloses or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or of another employer with whom the employee’s employer has a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or environment on behalf of an individual employee, group or unit of employees shall not be punished by the employer or receive retaliatory action or adverse working conditions imposed by the employer.

(6) Any public safety employee who has disclosed to a public body or supervisor or any individual to whom an employer has given the authority to direct and control the work performance of the affected employee a violation of law, or a rule or regulation promulgated pursuant to law, or activity, policy or practice which the employee reasonably believes poses a risk to public health, safety or environment shall not be forced by the employer to participate in any unwarranted or intrusive activity or unreasonable demand because of a disclosure under this section.

(7) Any public safety employee shall not be charged or found to be insubordinate for opposing conduct or an activity which may be a violation of law, or refusing to participate in any activity which may be a violation of law or reasonably believes poses a risk to public health, safety or the environment.

SECTION 4. Subsection (g) of said section 185 of chapter 149 of the General Laws is hereby amended by inserting, in line 100 after the words “has designated” the following:- “or district attorney’s office with jurisdiction in that county”

SECTION 5. Said section 185 of chapter 149 of the General Laws is hereby further amended by inserting the following new subsections:-

(h) Any employer, supervisor, or persons whom the employer has given authority to direct and control the work performance of the affected employee, or public body whether elected or appointed, who willfully and wanton takes or participates in retaliatory actions or imposes adverse work conditions before or after, upon or against an employee who discloses or threatens to disclose to a supervisor or to a public body as defined in section (3) an activity, policy or practice of the employer or of another employer with whom the employee’s employer has a business relationship that the employee reasonably believes is in violation of law or a rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or the environment may be punished in a state prison for not more than 2 years and fined not more than $1,000, or both.

(i) Any employer, supervisor, witness or any individual whom the employer has given authority to direct and control the work performance of the affected employee, or public body whether elected or appointed or municipal official whether elected or appointed that intentionally provides false information or documentation or statement, testimony or conceals information or documentation, or refuses to provide or relinquish information or documentation or intentionally misleads, distorts, or misrepresents documentation or information or facts during an investigation under this section may be punished in state prison for not more than 2 years and fined not more than $1,000, or both.

(j) Any employer, supervisor, witness or employee, or public body whether elected or appointed or municipal official whether elected or appointed found to be in violation of this section while in the performance of, or acting in their official position or duty in any city, town, county, district or state agency or municipality within the commonwealth and is convicted by any state or federal court to be in violation of subsections (h) or (i) shall be required to reimburse any and all compensation or payment received by the city, town, country, district or state agency or municipality in which unlawful activity occurred and shall forfeit any further payments, payout or pension.

(k) Any municipality, city, town, county, district or state agency may demand reimbursement and recover any and all costs incurred by any supervisor, employee or individual or municipal official whether appointed or elected, or public body whether appointed or elected that is convicted in any state or federal court for violating any provision of this chapter.

Name:	District/Address:
Michael Crenshaw	19 B Providence Street Millville, MA 01529