25 LC 47 3155
House Bill 49
By: Representatives Davis of the 87
th
, Schofield of the 63
rd
, and Scott of the 76
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to
1
general provisions regarding public officers and employees, so as to revise provisions2
regarding whistleblowers; to broaden the scope of persons who may report information to3
public employers; to expand the definition of the term "retaliation"; to extend the statute of4
limitations regarding public employer retaliation; to provide for a misdemeanor offense for5
violations; to provide for a short title; to provide for related matters; to repeal conflicting6
laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the ''Georgia Anti-Corruption Act.''10
SECTION 2.11
Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general12
provisions regarding public officers and employees, is amended by revising Code13
Section 45-1-4, relating to complaints or information from public employees as to fraud,14
waste, and abuse in state programs and operations, as follows:15
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"45-1-4.
16
(a) As used in this Code section, the term:17
(1) 'Government agency' means any agency of federal, state, or local government18
charged with the enforcement of laws, rules, or regulations.19
(2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or20
any rule or regulation adopted according to any federal, state, or local statute or21
ordinance.22
(3) 'Public employee' means any person who is employed by the executive, judicial, or23
legislative branch of the state or by any other department, board, bureau, commission,24
authority, or other agency of the state. This
Such term also includes all employees,25
officials, and administrators of any agency covered by the rules of the State Personnel26
Board and any local or regional governmental entity that receives any funds from the27
State of Georgia or any state agency.28
(4) 'Public employer' means the executive, judicial, or legislative branch of the state; any29
other department, board, bureau, commission, authority, or other agency of the state30
which employs or appoints a public employee or public employees; or any local or31
regional governmental entity that receives any funds from the State of Georgia or any32
state agency.33
(5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public34
employer of a any person, including, but not limited to, an independent contractor or35
public employee, or any other adverse employment action taken by a public employer36
against a public employee any such person in the terms or conditions of employment for37
disclosing a violation of or noncompliance with a law, rule, or regulation to either a38
supervisor or government agency.39
(6) 'Supervisor' means any individual:40
(A) To whom a public employer has given authority to direct and control the work41
performance of the affected independent contractor or public employee;42
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(B) To whom a public employer has given authority to take corrective action regarding
43
a violation of or noncompliance with a law, rule, or regulation of which the independent
44
contractor or public employee complains; or45
(C) Who has been designated by a public employer to receive complaints regarding a46
violation of or noncompliance with a law, rule, or regulation.47
(b) A public employer may receive and investigate complaints or information from any48
person, including, but not limited to, an independent contractor or public employee,49
concerning the possible existence of any activity constituting fraud, waste, and abuse in or50
relating to any state programs and operations under the jurisdiction of such public51
employer.52
(c) Notwithstanding any other law to the contrary, such public employer shall not after53
receipt of a complaint or information from a any person, including, but not limited to, an54
independent contractor or public employee, disclose the identity of the public employee55
person without the written consent of such public employee person, unless the public56
employer determines such disclosure is necessary and unavoidable during the course of the57
investigation. In such event, the public employee person shall be notified in writing at least58
seven days prior to such disclosure.59
(d)(1) No public employer shall make, adopt, or enforce any policy or practice60
preventing a any person, including, but not limited to, an independent contractor or public61
employee, from disclosing a violation of or noncompliance with a law, rule, or regulation62
or any other duty or requirement to either a supervisor or a government agency, as63
applicable.64
(2) No public employer shall retaliate against a any person, including, but not limited to,65
an independent contractor or public employee, for disclosing a violation of or66
noncompliance with a law, rule, or regulation to either a supervisor or a government67
agency, unless the disclosure was made with knowledge that the disclosure was false or68
with reckless disregard for its truth or falsity.69
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(3) No public employer shall retaliate against a any person, including, but not limited to,70
an independent contractor or public employee, for objecting to, or refusing to participate71
in, any activity, policy, or practice of the public employer that the public employee72
person has reasonable cause to believe is in violation of or noncompliance with a law,73
rule, or regulation.74
(4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices75
which implement, or to actions by public employers against independent contractors or76
public employees who violate, privilege or confidentiality obligations recognized by77
constitutional, statutory, or common law.78
(e)(1)(A) Any person, including, but not limited to, an independent contractor or A79
public employee, who has been the object of retaliation in violation of this Code section80
may institute a civil action in superior court for relief as set forth in paragraph (2) of81
this subsection within one year after discovering the retaliation or within three years82
after the retaliation, whichever is earlier.83
(B) In such civil action, no public employer shall have the availability of any84
justification or excuse for any retaliation, except as provided for in this Code section.85
(2) In any action brought pursuant to this subsection, the court may order any or all of86
the following relief:87
(A) An injunction restraining continued violation of this Code section;88
(B) Reinstatement of the independent contractor or public employee to the same89
position held before the retaliation or to an equivalent position;90
(C) Reinstatement of full fringe benefits and seniority rights;91
(D) Compensation for lost wages, benefits, and other remuneration; and92
(E) Any other compensatory damages allowable at law.93
(f) A court may award reasonable attorney's fees, court costs, and expenses to a prevailing94
person, including, but not limited to, an independent contractor or public employee.95
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(g) Any agent of a public employer who violates subsection (d) of this Code section shall96
be guilty of a misdemeanor."97
SECTION 3.98
All laws and parts of laws in conflict with this Act are repealed.99
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