State Employees

Plain English Breakdown

The official source material does not provide specific details on training for state employees and supervisors, nor does it offer insights into the effectiveness of preventing retaliation against whistleblowers.

State Employee Reporting Requirements

This bill requires state employees to report suspected improper governmental conduct or crimes to their supervisors and for supervisors to report these issues to the attorney general.

What This Bill Does

• Requires state employees to report any suspicion of improper governmental conduct or a crime to their supervisor.
• Defines 'improper governmental conduct' as actions that create conflicts of interest, involve fraud, or result in theft of government property and are felonies under Tennessee law.
• Defines 'crime' as criminal acts committed using the employee's position and which are felonies under Tennessee law.
• Requires supervisors to report such suspicions to the attorney general within a short time frame.
• Prohibits supervisors from taking adverse employment actions against employees who make good faith reports.

Who It Names or Affects

• State employees, including full-time, part-time, seasonal, and temporary workers.
• Supervisors of state employees.
• The attorney general.

Terms To Know

adverse employment action

Actions like firing, suspending, demoting, or reducing pay that are taken against an employee.

good faith report

A report made by a state employee who believes in the truth of what they are reporting without malice.

Limits and Unknowns

• The bill does not specify how supervisors should handle reports that do not meet the definition of improper governmental conduct or crime.
• It is unclear if there will be additional training for state employees and supervisors on these new requirements.
• The effectiveness of this law in preventing retaliation against whistleblowers remains to be seen.

Official Summary Text

This bill requires a
full-time, part-time, seasonal, or temporary employee of any state agency
("
state employee
")
who, in the regular course of the employee's official duties, has reasonable cause to suspect that another state employee has engaged in
either of the following to
promptly report the matter to a supervisor
:



I
mproper governmental conduct
, which this bill defines as
any conduct or

omission that results in
(i) a
conflict of interest prohibited by state law
,
(ii) fraud
,
or

(iii) theft of moneys or property belonging to or derived from federal, state, or local government sources
that
constitut
es
a felony offense under the laws of this state
.



A crime, which this bill defines
as a criminal act attempted or committed by misusing a state employee's access, duty, position, or responsibility as a state employee
and
constitutes a felony offense under the laws of this state
.

Upon receipt of a reporter's good faith report,
this bill requires
a supervisor
to
promptly submit a report containing the information to the attorney general.
The
supervisor
must
promptly submit to the attorney general any record, as allowed by law, in the supervisor's custody or control evidencing the improper governmental conduct or crime.

Adverse employment action must not be taken by a supervisor against a reporter making a good faith report.
As used in this bill, an "adverse employment action"
mea
ns constructive or actual discharge, suspension from employment, demotion, transfer, decrease in compensation or benefits, imposition of an unfavorable work schedule, or any other similar reprisal or retaliatory action
.

This bill provides that it is a Class B misdemeanor for
a supervisor to intentionally fail to submit a report to the attorney general
or fail
to submit a record to the attorney general
. A Class B misdemeanor is punishable by a term of imprisonment
no greater than six

months
,
a fine not to exceed $500, or both
.

DUTIES OF THE ATTORNEY GENERAL

This bill requires the
attorney general
to
create a form for use by supervisors when reporting good faith reports of improper governmental conduct or a crime
and to make the form
available to all state agencies.

A reporter making a good faith report
must
cooperate with any investigation or inquiry initiated in response to the filing of the report.

This bill requires t
he attorney general
to
report to the chairs of the joint government operations committee on an annual basis regarding the number of reports received and the disposition of each report.

WRITTEN POLICY
–
NOTIFICATION

This bill requires each
state agency
to
adopt a written policy on reporting improper government conduct and crime. The policy must include the submission of records evidencing the improper governmental conduct or crime.
Further, e
ach state agency
must
notify and inform state employees of the obligations and protections set forth in
this bill.

Current Bill Text

HOUSE BILL 2098
By Warner

SENATE BILL 2487
By Bowling
SB2487
011901
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 8 and
Title 50, relative to state employees.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 8, Chapter 50, is amended by adding
the following as a new part:
8-50-1401.
A state employee who has reasonable cause to suspect that improper
government conduct or a crime has occurred shall report the matter pursuant to this part.
8-50-1402.
As used in this part:
(1) "Adverse employment action" means constructive or actual discharge,
suspension from employment, demotion, transfer, decrease in compensation or
benefits, imposition of an unfavorable work schedule, or any other similar reprisal
or retaliatory action;
(2) "Crime" means a criminal act attempted or committed by misusing a
state employee's access, duty, position, or responsibility as a state employee,
which constitutes a felony offense under the laws of this state;
(3) "Good faith report" means a report made, without malice, by a
reporter, which the reporter has reasonable cause to believe is accurate and
true;
(4) "Improper government conduct" means any conduct or omission that
results in:
(A) A conflict of interest prohibited by state law;

- 2 - 011901

(B) Fraud; or
(C) Theft of moneys or property belonging to or derived from
federal, state, or local government sources, constituting a felony offense
under the laws of this state;
(5) "Reasonable cause" means a sufficient reason, based on known
facts, to assume something is true;
(6) "Reporter" means a state employee who witnesses or has evidence
of improper governmental conduct or a crime and who makes a good faith report
of the improper government conduct or crime to a supervisor or other appropriate
authority;
(7) "State agency" means any agency, board, bureau, commission,
committee, department, division, or office of this state;
(8) "State employee" means a full-time, part-time, seasonal, or temporary
employee of any state agency; and
(9) "Supervisor" means a state employee with supervisory authority over
one (1) or more state employees.
8-50-1403.
(a) A state employee who, in the regular course of the state employee's official
duties, has reasonable cause to suspect that another state employee has engaged in
improper governmental conduct or a crime shall promptly report the matter to a
supervisor.
(b) Upon receipt of a reporter's good faith report, a supervisor shall promptly
submit a report containing the information provided by the reporter to the attorney
general and reporter pursuant to § 8-50-1404.

- 3 - 011901

(c) The supervisor shall promptly submit to the attorney general and reporter any
record, as allowed by law, in the supervisor's custody or control evidencing the improper
governmental conduct or crime.
(d) It is an offense for a supervisor to intentionally fail to submit a report to the
attorney general and reporter as required by subsection (b). A violation of this
subsection (d) is a Class B misdemeanor.
(e) It is an offense for a supervisor to intentionally fail to submit a record to the
attorney general and reporter as required by subsection (c). A violation of this
subsection (e) is a Class B misdemeanor.
(f) Adverse employment action must not be taken by a supervisor against a
reporter making a good faith report.
8-50-1404.
(a) The attorney general and reporter shall create a form for use by supervisors
when reporting good faith reports of improper governmental conduct or a crime. The
form must be made available to all state agencies.
(b) A supervisor who must submit a report as required by § 8-50-1403(b) shall
prepare the required report using the form described in subsection (a).
(c) A reporter making a good faith report shall cooperate with any investigation
or inquiry initiated in response to the filing of the good faith report.
8-50-1405.
Each state agency shall adopt a written policy on reporting improper government
conduct and crime. The policy must include the submission of records evidencing the
improper governmental conduct or crime. Each state agency shall notify and inform
state employees of the obligations and protections set forth in this part.
8-50-1406.

- 4 - 011901

The attorney general and reporter shall report to the chairs of the joint
government operations committee on an annual basis regarding the number of reports
received pursuant to this part and the disposition of each report.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.