Additional Bill Links PDF version
HOUSE BILL NO. 202
INTRODUCED BY K. WAGONER
AN ACT REVISING LAWS RELATED TO PUBLIC OFFICERS AND EMPLOYEES; ALLOWING PUBLIC OFFICERS AND EMPLOYEES TO REPORT CERTAIN MATTERS OF PUBLIC CONCERN; CREATING A CIVIL PENALTY FOR A PERSON THAT SUPPRESSES A PUBLIC EMPLOYEE FROM COMMUNICATING MATTERS OF PUBLIC CONCERN WITH A LEGISLATOR; AND PROVIDING PENALTIES.
WHEREAS, every public officer or employee has a right to speak to any legislator regarding state business about a matter of public concern; and
WHEREAS, every public employee discussing a matter of public concern has a right to do so without fear of reprisal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Obstruction of communication with legislator. (1) A person who exercises supervision, management, or control over a public employee may not intentionally take any action to impede a public employee from communicating in good faith with a legislator as defined in 5-7-102 about a matter of public concern.
(2) (a) A public employee injured by a violation of this section may bring a civil action in a court of competent jurisdiction against the person who intentionally impeded the public employee's communication with a legislator about a matter of public concern. Exhaustion of administrative remedies is not a prerequisite to filing an action under this section.
(b) A person who violates the provisions of this section is liable to the public employee for a civil penalty not to exceed $5,000 for each violation plus damages, costs, and attorney fees.
(3) This section may not be construed to allow public disclosure of confidential information as that term is defined in 2-6-1002.
(4) For the purposes of this section, "public employee" means any temporary or permanent employee of a local government or of the state as defined by [section 2] or a person under contract to a local government or to the state.
Section 2. Ability to report. (1) An officer or employee of a local government or of the state may report alleged misconduct, fraud, waste, or abuse to the appropriate governmental body, employer, or legislator.
(2) An officer or employee of a local government or of the state may not be penalized for violations of this section.
(3) For the purposes of this section, the following definitions apply:
(a) "Employee" includes any temporary or permanent employee or a person under contract to the state or a local government.
(b) "Local government" includes a county, a consolidated government, an incorporated city or town, a school district, or a special district.
(c) "Officer" includes any elected or appointed official.
(d) "State" means the executive, judicial, and legislative branches of government.
Section 3. Codification instruction. (1) [Sections 1 and 2] are intended to be codified as an integral part of Title 2, chapter 2, and the provisions of Title 2, chapter 2, apply to [sections 1 and 2].
(2) [Sections 1 and 2] are intended to be codified as a new part in Title 2, chapter 2.
- END -
Latest
Version of HB 202 (HB0202.ENR)
Processed for the Web on February 21, 2017 (9:04am)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2017
Legislature | Leg. Branch
Home
All versions of this bill (PDF
format)
Authorized print version of this bill
(PDF
format)
[ NEW
SEARCH ]
Prepared by Montana Legislative Services
(406) 444-3064