HB 1614-FN – AS INTRODUCED
2010 SESSION
06/03
HOUSE BILL 1614-FN
AN ACT relative to state employee whistleblower protection to be administered by the secretary of state.
SPONSORS: Rep. P. McMahon, Merr 3
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill establishes a procedure for redress of employee whistleblower protection complaints under the administration of the secretary of state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2671
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to state employee whistleblower protection to be administered by the secretary of state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Whistleblower Protection; Rights and Remedies. RSA 275-E is repealed and reenacted to read as follows:
275-E:4 Rights and Remedies.
I. Any employee who alleges a violation of rights under RSA 275-E:2 or RSA 275-E:3, 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 within 180 days after such alleged violation occurs, file a complaint with the secretary of state.
II. Upon receipt of such complaint, the secretary of state shall notify the person named in the complaint of the filing of the complaint.
III. Within 60 days of receipt of a complaint filed under paragraph I, the secretary of state shall conduct an investigation to determine whether there is reasonable cause to believe that the complaint has merit, and notify the complainant and the person alleged to have committed a violation of the findings. Where the secretary of state has concluded that there is reasonable cause to believe that a violation has occurred, he or she shall accompany the findings with a preliminary order providing relief under paragraph V.
IV. The person alleged to have committed the violation or the complainant may, within 30 days, file objections to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be expeditiously conducted. If either party fails to request a hearing, the preliminary order shall be a final order which is not subject to judicial review. Upon the conclusion of such hearing, the secretary of state shall issue a final order within 120 days. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the secretary of state, the complainant, and the person alleged to have committed the violation.
V. If, in response to a complaint filed under paragraph I, the secretary of state determines that a violation has occurred, the secretary of state shall order:
(a) The person who committed such violation to take affirmative action to abate the violation and to reinstate the complainant to the complainant’s former position together with the compensation, including back pay, terms, conditions, and privileges of the complainant’s employment; and
(b) Compensatory damages.
VI. The secretary of state, at the request of the complainant, may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses, including reasonable attorneys’ fees.
VII. Any person adversely affected or aggrieved by an order issued after a hearing under paragraph IV may appeal the order in accordance with RSA 541.
VIII. An order of the secretary of state, with respect to which an appeal could have been filed under this section, shall not be subject to judicial review in any criminal or other civil proceeding. Whenever a person has failed to comply with an order issued under paragraph V, the secretary of state shall file a civil action in the superior court for the county in which the violation was found to occur in order to enforce such order. In actions brought under this paragraph, the superior court shall have jurisdiction to grant all appropriate relief, including injunctive relief, reinstatement, and compensatory damages.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2671
12/10/09
HB 1614-FN - FISCAL NOTE
AN ACT relative to state employee whistleblower protection to be administered by the secretary of state.
FISCAL IMPACT:
The Department of State states this bill may increase state expenditures by an indeterminable amount in FY 2011 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue, or county and local expenditures.
METHODOLOGY:
This Department of State states this bill requires the Secretary of State to implement a procedure for redress of employee whistleblower protection complaints. The Department is unable to determine the fiscal impact at this time, since the potential caseload is unknown. At a minimum the Department would require an ability to investigate complaints, conduct administrative hearings and litigate potential enforcement actions in superior court.
The Department of Labor state any fiscal impact can be absorbed within their existing budget.