2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.102 Reprisal against public employee for disclosure of violations of law prohibited -- Construction of statute.
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61.102 Reprisal against public employee for disclosure of violations of law
prohibited -- Construction of statute.
(1)
(2)
(3)
No employer shall subject to reprisal, or directly or indirectly use, or threaten to
use, any official authority or influence, in any manner whatsoever, which tends
to discourage, restrain, depress, dissuade, deter, prevent, interfere with,
coerce, or discriminate against any employee who in good faith reports,
discloses, divulges, or otherwise brings to the attention of the Kentucky
Legislative Ethics Commission, the Attorney General, the Auditor of Public
Accounts, the Executive Branch Ethics Commission, the General Assembly of
the Commonwealth of Kentucky or any of its members or employees, the
Legislative Research Commission or any of its committees, members or
employees, the judiciary or any member or employee of the judiciary, any law
enforcement agency or its employees, or any other appropriate body or
authority, any facts or information relative to an actual or suspected violation of
any law, statute, executive order, administrative regulation, mandate, rule, or
ordinance of the United States, the Commonwealth of Kentucky, or any of its
political subdivisions, or any facts or information relative to actual or suspected
mismanagement, waste, fraud, abuse of authority, or a substantial and specific
danger to public health or safety. No employer shall require any employee to
give notice prior to making such a report, disclosure, or divulgence.
No employer shall subject to reprisal or discriminate against, or use any official
authority or influence to cause reprisal or discrimination by others against, any
person who supports, aids, or substantiates any employee who makes public
any wrongdoing set forth in subsection (1) of this section.
This section shall not be construed as:
(a) Prohibiting an employer from requiring that an employee inform him or
her of an official request made to an agency for information, or the
substance of testimony made, or to be made, by the employee to
legislators on behalf of an agency;
(b) Permitting the employee to leave his or her assigned work area during
normal work hours without following applicable law, administrative
regulations, rules, or policies pertaining to leave, unless the employee is
requested by the Kentucky Legislative Ethics Commission or the
Executive Branch Ethics Commission to appear before the commission,
or by a legislator or a legislative committee to appear before a legislative
committee;
(c) Authorizing an employee to represent his or her personal opinions as the
opinions of his or her employer; or
(d) Prohibiting disciplinary or punitive action if an employee discloses
information which he or she knows:
1.
To be false or which he or she discloses with reckless disregard for
its truth or falsity;
2.
To be exempt from required disclosure under the provisions of KRS
61.870 to 61.884; or
3.
Is confidential under any other provision of law.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 34, sec. 2, effective July 12, 2012. -Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 64, effective September
16, 1993. -- Created 1986 Ky. Acts ch. 301, sec. 2, effective July 15, 1986.
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