Louisiana House Bill HB387

Louisiana 2013 Regular Session

• Introduced: 4/8/13
• Refer: 4/8/13
• Report Pass: 5/8/13
• Engrossed: 5/16/13
• Refer: 5/20/13

Caption

Protects public employees from reprisal for providing information to a legislator or legislative committee upon request

Impact

The enactment of HB 387 will have direct implications on the Code of Governmental Ethics in the state. It redefines the protections afforded to public employees, explicitly stating that any reprisals for providing requested information are strictly prohibited. The bill also mandates that instances of reprisal be reported to the Board of Ethics, thereby establishing a framework for accountability regarding actions taken against employees who disclose information as requested by legislators.

Summary

House Bill 387 seeks to protect public employees from retaliatory actions such as suspension or termination when they provide information to legislators or legislative committees upon request. The proposal fortifies ethical standards in government by ensuring that employees can report issues without fear of reprisal. This legislation is seen as a significant step towards promoting transparency and accountability within public organizations.

Sentiment

The sentiment surrounding HB 387 appears to be generally positive among those advocating for government transparency and ethical conduct. Supporters argue that such protections are essential for fostering an open dialogue between public employees and legislative bodies. However, some critiques have arisen regarding the burden of proof on employees when accusations of reprisal occur, highlighting the challenges they might face in proving their claims.

Contention

One notable point of contention is the definition of 'information' under the bill, which explicitly excludes anything that the public employee knows or should have known to be false at the time of disclosure. This clause raises concerns about the potential chilling effect on employees who may hesitate to report issues for fear of being accused of providing false information. Additionally, there are concerns regarding the procedural aspects of how investigations into alleged reprisals will be conducted, particularly with the requirement for the agency involved to cooperate fully.