KS
Kansas House Bill HB2160

Kansas 2025-2026 Regular Session

Kansas House Bill HB2160 Compare Versions

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1+Session of 2025
12 HOUSE BILL No. 2160
2-AN ACT concerning municipalities; enacting the Kansas municipal employee
3-whistleblower act; establishing legal protections for certain municipal employees
4-who report or disclose unlawful or dangerous conduct; providing an administrative
5-appeal process for municipalities.
3+By Committee on Local Government
4+Requested by Representative Barth
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6+AN ACT concerning municipalities; enacting the Kansas municipal
7+employee whistleblower act; establishing legal protections for certain
8+municipal employees who report or disclose unlawful or dangerous
9+conduct.
610 Be it enacted by the Legislature of the State of Kansas:
711 Section 1. (a) This section shall be known and may be cited as the
812 Kansas municipal employee whistleblower act.
913 (b) As used in this section:
1014 (1) "Auditing agency" means:
1115 (A) The legislative post auditor;
1216 (B) any employee of the division of post audit;
13-(C) any firm performing audit services pursuant to a contract with
14-the post auditor;
17+(C) any firm performing audit services pursuant to a contract with the
18+post auditor;
1519 (D) any state agency or federal agency or authority performing
1620 auditing or other oversight activities under authority of any provision of
1721 law authorizing such activities; or
1822 (E) the inspector general established under K.S.A. 75-7427, and
1923 amendments thereto.
2024 (2) "Disciplinary action" means any dismissal, demotion, transfer,
2125 reassignment, suspension, reprimand, warning of possible dismissal or
2226 withholding of work.
23-(3) "Malfeasance" means unlawful conduct committed by any
24-member of the governing body of a municipality or any officer or other
25-employee thereof.
26-(4) "Misappropriation" means the unauthorized or unlawful
27-expenditure or transfer of moneys held by a municipality.
28-(5) "Municipality" means any county, city or unified school
29-district or any office, department, division, board, commission, bureau,
30-agency or unit thereof.
27+(3) "Municipality" means any county, city or unified school district or
28+any office, department, division, board, commission, bureau, agency or
29+unit thereof.
3130 (c) No supervisor or appointing authority of any municipality shall
3231 prohibit any of the following or take any disciplinary action against an
3332 employee of such municipality because such employee:
34-(1) Discussed the operations of the municipality or other matters
35-of public concern, including matters relating to the public health, safety
36-and welfare either specifically or generally, with any member of the
37-governing body of such municipality or any auditing agency;
38-(2) reported a violation of state or federal law, municipal
39-resolution or ordinance or any rules and regulations adopted pursuant
40-such law, resolution or ordinance to any person, agency or organization;
41-(3) failed to give notice to the supervisor or appointing authority
42-prior to making any report described in paragraph (2); or
43-(4) disclosed malfeasance or other misappropriation of moneys
44-held by such municipality to any person, agency or organization.
33+(1) Discussed the operations of the municipality or other matters of
34+public concern, including matters relating to the public health, safety and
35+welfare either specifically or generally, with any member of the legislature
36+or any auditing agency;
37+(2) reported a violation of state or federal law, municipal resolution or
38+ordinance or any rules and regulations adopted pursuant such law,
39+resolution or ordinance to any person, agency or organization;
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75+(3) failed to give notice to the supervisor or appointing authority prior
76+to making any report described in paragraph (2);
77+(4) disclosed malfeasance or other misappropriation of moneys held
78+by such municipality to any person, agency or organization; or
79+(5) disclosed a substantial and specific danger to public health or
80+safety to any person, agency or organization.
4581 (d) This section shall not be construed to:
46-(1) Prohibit a supervisor or appointing authority from requiring
47-that an employee inform the supervisor or appointing authority
48-regarding governing body or auditing agency requests for information
49-submitted to such municipality or the substance of testimony made, or
50-to be made, by the employee to members of the governing body or the
51-auditing agency on behalf of such municipality;
52-(2) permit an employee to leave the employee's assigned work
53-areas during normal work hours without following applicable rules and
54-regulations and policies pertaining to employee leave unless the
55-employee is requested by a member of the governing body of such
56-municipality to appear before such governing body or by an auditing
57-agency to appear at a meeting with officials of the auditing agency;
82+(1) Prohibit a supervisor or appointing authority from requiring that
83+an employee inform the supervisor or appointing authority regarding
84+legislative or auditing agency requests for information submitted to such
85+municipality or the substance of testimony made, or to be made, by the
86+employee to legislators or the auditing agency on behalf of such
87+municipality;
88+(2) permit an employee to leave the employee's assigned work areas
89+during normal work hours without following applicable rules and
90+regulations and policies pertaining to employee leave unless the employee
91+is requested by a legislator or legislative committee to appear before a
92+legislative committee or by an auditing agency to appear at a meeting with
93+officials of the auditing agency;
5894 (3) authorize an employee to represent the employee's personal
5995 opinions as the opinions of such municipality; or
6096 (4) prohibit disciplinary action of an employee who discloses
6197 information that:
62-(A) The employee knows to be false or that the employee
63-discloses with reckless disregard for the truth or falsity of such
64-information;
65-(B) the employee knows to be exempt from required disclosure HOUSE BILL No. 2160—page 2
66-under the open records act;
98+(A) The employee knows to be false or that the employee discloses
99+with reckless disregard for the truth or falsity of such information;
100+(B) the employee knows to be exempt from required disclosure under
101+the open records act; or
67102 (C) is confidential or privileged under state or federal law or court
68-rule; or
69-(D) is disclosed due to a corrupt motive rather than a good faith
70-concern for a wrongful activity.
71-(e) (1) Except for officers or employees eligible to
72-administratively appeal disciplinary actions pursuant to paragraph (2),
73-any officer or employee of a municipality who alleges that disciplinary
74-action has been taken against such officer or employee in violation of
75-this section may bring an action in a court of competent jurisdiction
76-within 90 days after the occurrence of the alleged violation seeking
77-damages and any other equitable relief the court deems necessary. The
78-court may award the prevailing party in the action all or a portion of the
79-costs of the action, including reasonable attorney fees and witness fees.
80-(2) In any municipality that creates an administrative process to
81-adjudicate disciplinary actions against employees of the municipality,
82-any officer or employee of the municipality who is eligible to appeal
83-disciplinary actions to such adjudicative body may appeal to such body
84-whenever such officer or employee alleges that disciplinary action was
85-taken against such officer or employee in violation of this act. The
86-appeal shall be filed within 90 days after the alleged disciplinary action.
87-If such body finds that the disciplinary action taken was unreasonable,
88-such body shall modify or reverse the municipality's action and order
89-such relief for the employee as such body considers appropriate. Any
90-party may appeal a decision of such governing body under the Kansas
91-judicial review act, K.S.A. 77-601 et seq., and amendments thereto.
103+rule.
104+(e) Any officer or employee of a municipality who alleges that
105+disciplinary action has been taken against such officer or employee in
106+violation of this section may bring an action in a court of competent
107+jurisdiction within 90 days after the occurrence of the alleged violation
108+seeking damages and any other equitable relief the court deems necessary.
109+The court may award the prevailing party in the action all or a portion of
110+the costs of the action, including reasonable attorney fees and witness fees.
92111 (f) Each municipality shall prominently post a copy of this act in
93-locations where it can reasonably be expected to come to the attention
94-of all employees of such municipality.
112+locations where it can reasonably be expected to come to the attention of
113+all employees of such municipality.
95114 Sec. 2. This act shall take effect and be in force from and after its
96115 publication in the statute book.
97-I hereby certify that the above BILL originated in the HOUSE, and was
98-adopted by that body
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100-HOUSE adopted
101-Conference Committee Report
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103-Speaker of the House.
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105-Chief Clerk of the House.
106-Passed the SENATE
107- as amended
108-SENATE adopted
109-Conference Committee Report
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111-President of the Senate.
112-
113-Secretary of the Senate.
114-APPROVED
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117-Governor.
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