HLS 14RS-3124 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1269 (Substitute for House Bill No. 716 by Representative Henry)
BY REPRESENTATIVE HENRY
ETHICS/CODE: Provides relative to the protection of public employees from reprisal and
threats of reprisal for reporting acts of alleged impropriety
AN ACT1
To amend and reenact R.S. 42:1169(B), relative to certain public employees who report acts2
of impropriety within governmental entities; to provide for certain remedies for such3
public employees; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:1169(B) is hereby amended and reenacted to read as follows:6
ยง1169. Freedom from reprisal for disclosure of improper acts7
* * *8
B.(1)(a) If any public employee is suspended, demoted, dismissed, or9
threatened with such suspension, demotion, or dismissal as an act of reprisal for10
reporting an alleged act of impropriety in violation of this Section, such the public11
employee shall report such action to the board.12
(b) If any person that is a public employee because of a contractual13
arrangement with a governmental entity or agency thereof has the contract with the14
governmental entity or agency suspended, reduced, or terminated or is threatened15
with the suspension, reduction, or termination of the contract with the governmental16
entity or agency as an act of reprisal for reporting an alleged act of impropriety in17
violation of this Section, the public employee shall report such action to the board.18 HLS 14RS-3124 ENGROSSED
HB NO. 1269
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(2) (a) An A public employee who is wrongfully suspended, demoted, or1
dismissed shall be entitled to reinstatement of his employment and entitled to receive2
any lost income and benefits for the period of any suspension, demotion, or3
dismissal.4
(b) A person that is a public employee because of a contractual arrangement5
with a governmental entity or agency thereof whose contract is wrongfully6
suspended, reduced, or terminated shall be entitled to reinstatement of his contract7
and entitled to receive any lost compensation under the terms of the contract.8
* * *9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry HB No. 1269
Abstract: Provides remedies for reporting acts of alleged impropriety for a person that is
a public employee because of a contractual arrangement with a governmental entity
or agency whose contract is wrongfully suspended, reduced, or terminated as an act
of reprisal for such reporting.
Present law provides that a public employee who reports acts of alleged impropriety related
to the scope or duties of public employment or public office within a governmental entity
to a person or entity of competent authority or jurisdiction shall be free from discipline or
reprisal or threats of discipline or reprisal by the public employer. Present law prohibits an
employee who has the authority to hire, fire, or discipline, a supervisor, an agency head, or
an elected official from subjecting or threatening to subject a public employee to reprisal
because of the employee's efforts to disclose acts of alleged impropriety. Present law
requires that a public employee report to the Board of Ethics any suspension, demotion, or
dismissal or threats of such actions which is a reprisal for disclosing information regarding
acts of impropriety.
Proposed law further requires a person that is a public employee because of a contractual
arrangement with a governmental entity or agency thereof whose contract with the
governmental entity or agency is suspended, reduced, or terminated or who is threatened
with the suspension, reduction, or termination of the contract with the governmental entity
or agency as an act of reprisal for reporting an alleged act of impropriety in violation of
present law, to report such action to the board.
Present law provides that a public employee who is wrongfully suspended, demoted, or
dismissed shall be entitled to reinstatement of his employment and entitled to receive any
lost income and benefits for the period of any suspension, demotion, or dismissal.
Proposed law adds that a person that is a public employee because of a contractual
arrangement with a governmental entity or agency thereof whose contract is wrongfully
suspended, reduced, or terminated shall be entitled to reinstatement of his contract and
entitled to receive any lost compensation under the terms of the contract. HLS 14RS-3124 ENGROSSED
HB NO. 1269
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that violations of present law are punishable by a fine of up to $10,000.
Also provides that an elected official may be censured and that a public employee may be
removed, suspended, demoted, or have his pay reduced. Present law provides for the board
to forward to the appropriate district attorney any findings of probable cause that a violation
of a criminal law has occurred. Proposed law retains present law.
(Amends R.S. 42:1169(B))