h_lg_2016a_2016-02-03t13:34:27z1 Hearing Summary

Date: 02/03/2016

01:46 PM -- HB16-1078



Representative Kagan presented and summarized House Bill 16-1078 concerning whistleblower protection. The bill prohibits a local education provider, county, or municipality (local government employer) from taking any disciplinary action against an employee on account of the employee's statements about the local government employer that the employee believes to show:



• a violation of state, federal, or local government policy;

• a waste or misuse of public funds;

• fraud;

• an abuse of authority;

• mismanagement; or

• a danger to the health or safety of students, employees, or the public.



The prohibition of disciplinary action does not apply to an employee who knowingly discloses false information or discloses information from a closed public record, or that is confidential under state law or federal law.



In addition, the bill establishes deadlines and other requirements for an employee to file a complaint with the Office of Administrative Courts in the Department of Personnel and Administration (DPA) for referral to an administrative law judge (judge). If the employee prevails in his or her complaint, the judge may award damages and other relief deemed appropriate. If the judge determines that the local government employer did not violate the law by imposing disciplinary action, the employee may bring a civil action in the district court.



02:00 PM -- Kevin Bommer, representing the Colorado Municipal League, spoke in opposition to the bill. He distributed and discussed two informational handouts to the committee regarding protections for public employees (Attachment B and Attachment C).



16HouseLocal0203AttachB.pdf 16HouseLocal0203AttachC.pdf



02:10 PM



Mr. Bommer answered questions from the committee regarding the public employee protection process for statutory towns and home rule municipalities.



Representative Kagan answered questions from the committee regarding employee protection in federal court.



Mr. Bommer continued to answer questions from the committee regarding the types of local government employees covered under the bill.



02:20 PM -- Eric Bergman, representing Colorado Counties, Inc., spoke in opposition to the bill. He answered questions from the committee regarding county concerns with the bill.



Mr. Bommer answered questions from the committee regarding local government authority.



02:33 PM -- Sharyn Dreyer, representing Colorado Education Association, spoke in favor of the bill. She provided examples of employer retaliation for the disclosure of information.





02:43 PM



Ms. Dreyer answered questions from the committee regarding the process for resolving retribution issues for whisleblower actions.



02:55 PM -- Carol Gianfrancisco, representing herself, spoke in favor of the bill. She discussed her experiences as a teacher and the retaliation she received for disclosing information.



03:05 PM -- Ms. Dreyer was called back to the table to answer questions regarding teacher evaluations.



03:10 PM -- Robert Liechty, representing Plaintiff Employment Lawyers Association, spoke in favor of the bill. He discussed his clients in regards to whistleblower protections.





03:20 PM



Mr. Leichty continued to answer questions from the committee.



03:26 PM -- Gina Holub, representing herself, spoke in favor of the bill. She discussed her experience as a local government employee who was retaliated against for disclosing information.



Representative Singer distributed and discussed amendment L.002 (Attachment D), amendment L.004 (Attachment E), and amendment L.003 (Attachment F).



16HouseLocal0203AttachD.pdf 16HouseLocal0203AttachE.pdf



16HouseLocal0203AttachF.pdf



The committee members discussed the amendments.

Representative Klingenschmitt distributed and discussed amendment L.012 (Attachment G) as an amendment to L.003.



16HouseLocal0203AttachG.pdf

The committee discussed amendment L.003 as amended by amendment L.012.

Representative Klingenschmitt distributed and discussed amendment L.011 (Attachment H). 16HouseLocal0203AttachH.pdf
BILL:	HB16-1078
TIME:	04:07:36 PM
MOVED:	Klingenschmitt
MOTION:	Adopt amendment L.011 (Attachment H). The motion passed without objection.
SECONDED:	Lebsock
		VOTE
	Arndt
	Danielson
	Klingenschmitt
	Navarro
	Ransom
	Rosenthal
	Saine
	Singer
	Thurlow
	Lebsock
	Fields
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Representative Saine distributed and discussed amendment L.006 (Attachment I).



16HouseLocal0203AttachI.pdf



The committee members discussed amendment L.006.

04:20 PM



The committee members discussed the bill.



Representative Kagan provided closing comments on the bill.