HB126 (2005) Detail

(New Title) relative to a public employee right of free speech.


HB 126 – AS AMENDED BY THE HOUSE

30Mar2005… 0850h

2005 SESSION

05-0481

06/09

HOUSE BILL 126

AN ACT relative to a public employee right of free speech.

SPONSORS: Rep. Holden, Hills 7; Rep. DiFruscia, Rock 4; Rep. Baroody, Hills 13; Rep. Jasper, Hills 27

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill protects a public employee from discharge or discrimination when the public employee has spoken about a matter that is of public interest concerning his or her employment. Protected speech does not include speech that divulges trade secrets, patents, or certain other confidential information, or information from a fiduciary relationship.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0850h

05-0481

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to a public employee right of free speech.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Public Employee Right of Free Speech. Amend RSA 275-E by inserting after section 7 the following new subdivision:

Protection of Public Employee’s Right of Free Speech

275-E:8 Definitions. In this subdivision:

I. “Employee” means any person employed by a public employer except:

(a) Persons elected by popular vote.

(b) Persons whose duties imply a confidential relationship to the public employer.

II. “Employer” means the state and any political subdivision thereof, the judicial branch of the state, any quasi-public corporation, council, commission, agency or authority, and the state university system.

275-E:9 Right to Speak Protected.

I. No employer shall discharge, threaten, or otherwise discriminate against any employee regarding such employee’s compensation, terms, conditions, location, or privileges of employment because the employee has exercised the right of free speech including the public discussion of issues of public interest concerning his or her employment.

II. Without in any way limiting the rights and protections afforded to employees under RSA 275-E or any other law, the right of protected speech under this subdivision shall not extend to fiduciary relationships, the divulgence of confidential financial information, trade secrets, patents, or the personal or medical records of patients, clients, or other employees without the prior consent of the patient, client, or employee.

2 Rights and Remedies; Public Employee Right of Free Speech Added. Amend RSA 275-E:4, I to read as follows:

I. Any employee who alleges a violation of rights under RSA 275-E:2 [or], 3, or 9 and who has first made a reasonable effort to maintain or restore such employee's rights through any grievance procedure or similar process available at such employee's place of employment, may obtain a hearing with the commissioner of labor or a designee appointed by the commissioner. Following such hearing, the labor commissioner or the designee appointed by such commissioner shall render a judgment on such matter, and shall order, as the commissioner or his designee considers appropriate, reinstatement of the employee, the payment of back pay, fringe benefits and seniority rights, any appropriate injunctive relief, or any combination of these remedies.

3 Effective Date. This act shall take effect January 1, 2006.