Louisiana House Bill HB1149

Louisiana 2012 Regular Session

• Introduced: 4/3/12
• Refer: 4/4/12

Caption

Provides relative to reprisals against charter school employees for disclosures of improper acts

Impact

The bill seeks to enhance the rights of charter school employees under Louisiana law, particularly in cases where they report unethical or unlawful practices. By doubling the damages recoverable by employees who face reprisals, the proposed law aims to deter governing authorities from retaliating against whistleblowers. The revisions also clarify that an employee would only be liable for attorney fees in cases where a court finds that a complaint was filed in bad faith.

Summary

House Bill 1149 proposes amendments to existing laws regarding charter school employees who disclose improper acts committed by their governing authorities. The bill aims to strengthen protections for employees acting as whistleblowers by entitling them to recover double their lost income if they face reprisals due to such disclosures. Additionally, it establishes a requirement for the Board of Ethics to conclude investigations into these reprisals within 90 days, ensuring a more swift and transparent process.

Sentiment

The sentiment surrounding HB 1149 appears to be generally supportive among advocates for transparency and employee rights. Proponents argue that the bill is a necessary step toward protecting individuals who risk their careers to expose misconduct. However, concerns may arise from governing authorities about potential legal liabilities and the implications of an expanded definition of reprisal.

Contention

Notable points of contention likely revolve around the balance of power between charter school authorities and their employees. Some stakeholders may argue that the provisions allowing for double damages could lead to an increased number of lawsuits, potentially straining resources within charter schools. Opponents might express concerns about the practical implications of investigations being concluded within a set timeframe, arguing it may not always be feasible given the complexities of such inquiries.