Session of 2025
SENATE BILL No. 120
By Senator Shallenburger
1-30
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.
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) "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 legislature
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
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to making any report described in paragraph (2);
(4) disclosed malfeasance or other misappropriation of moneys held
by such municipality to any person, agency or organization; or
(5) disclosed a substantial and specific danger to public health or
safety 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
legislative or auditing agency requests for information submitted to such
municipality or the substance of testimony made, or to be made, by the
employee to legislators 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 legislator or legislative committee to appear before a
legislative committee 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 under
the open records act; or
(C) is confidential or privileged under state or federal law or court
rule.
(e) 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.
(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.
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