HOUSE BILL No. 2160
AN ACT concerning municipalities; enacting the Kansas municipal employee
whistleblower act; establishing legal protections for certain municipal employees
who report or disclose unlawful or dangerous conduct; providing an administrative
appeal process for municipalities.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This section shall be known and may be cited as the
Kansas municipal employee whistleblower act.
(b) As used in this section:
(1) "Auditing agency" means:
(A) The legislative post auditor;
(B) any employee of the division of post audit;
(C) any firm performing audit services pursuant to a contract with
the post auditor;
(D) any state agency or federal agency or authority performing
auditing or other oversight activities under authority of any provision of
law authorizing such activities; or
(E) the inspector general established under K.S.A. 75-7427, and
amendments thereto.
(2) "Disciplinary action" means any dismissal, demotion, transfer,
reassignment, suspension, reprimand, warning of possible dismissal or
withholding of work.
(3) "Malfeasance" means unlawful conduct committed by any
member of the governing body of a municipality or any officer or other
employee thereof.
(4) "Misappropriation" means the unauthorized or unlawful
expenditure or transfer of moneys held by a municipality.
(5) "Municipality" means any county, city or unified school
district or any office, department, division, board, commission, bureau,
agency or unit thereof.
(c) No supervisor or appointing authority of any municipality shall
prohibit any of the following or take any disciplinary action against an
employee of such municipality because such employee:
(1) Discussed the operations of the municipality or other matters
of public concern, including matters relating to the public health, safety
and welfare either specifically or generally, with any member of the
governing body of such municipality or any auditing agency;
(2) reported a violation of state or federal law, municipal
resolution or ordinance or any rules and regulations adopted pursuant
such law, resolution or ordinance to any person, agency or organization;
(3) failed to give notice to the supervisor or appointing authority
prior to making any report described in paragraph (2); or
(4) disclosed malfeasance or other misappropriation of moneys
held by such municipality to any person, agency or organization.
(d) This section shall not be construed to:
(1) Prohibit a supervisor or appointing authority from requiring
that an employee inform the supervisor or appointing authority
regarding governing body or auditing agency requests for information
submitted to such municipality or the substance of testimony made, or
to be made, by the employee to members of the governing body or the
auditing agency on behalf of such municipality;
(2) permit an employee to leave the employee's assigned work
areas during normal work hours without following applicable rules and
regulations and policies pertaining to employee leave unless the
employee is requested by a member of the governing body of such
municipality to appear before such governing body or by an auditing
agency to appear at a meeting with officials of the auditing agency;
(3) authorize an employee to represent the employee's personal
opinions as the opinions of such municipality; or
(4) prohibit disciplinary action of an employee who discloses
information that:
(A) The employee knows to be false or that the employee
discloses with reckless disregard for the truth or falsity of such
information;
(B) the employee knows to be exempt from required disclosure HOUSE BILL No. 2160—page 2
under the open records act;
(C) is confidential or privileged under state or federal law or court
rule; or
(D) is disclosed due to a corrupt motive rather than a good faith
concern for a wrongful activity.
(e) (1) Except for officers or employees eligible to
administratively appeal disciplinary actions pursuant to paragraph (2),
any officer or employee of a municipality who alleges that disciplinary
action has been taken against such officer or employee in violation of
this section may bring an action in a court of competent jurisdiction
within 90 days after the occurrence of the alleged violation seeking
damages and any other equitable relief the court deems necessary. The
court may award the prevailing party in the action all or a portion of the
costs of the action, including reasonable attorney fees and witness fees.
(2) In any municipality that creates an administrative process to
adjudicate disciplinary actions against employees of the municipality,
any officer or employee of the municipality who is eligible to appeal
disciplinary actions to such adjudicative body may appeal to such body
whenever such officer or employee alleges that disciplinary action was
taken against such officer or employee in violation of this act. The
appeal shall be filed within 90 days after the alleged disciplinary action.
If such body finds that the disciplinary action taken was unreasonable,
such body shall modify or reverse the municipality's action and order
such relief for the employee as such body considers appropriate. Any
party may appeal a decision of such governing body under the Kansas
judicial review act, K.S.A. 77-601 et seq., and amendments thereto.
(f) Each municipality shall prominently post a copy of this act in
locations where it can reasonably be expected to come to the attention
of all employees of such municipality.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.