Bill Text: HI SB667 | 2010 | Regular Session | Amended
Bill Title: Employment Practices; Whistleblowers' Protection
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB667 Detail]
Download: Hawaii-2010-SB667-Amended.html
STAND. COM. REP. NO. 393
Honolulu, Hawaii
RE: S.B. No. 667
S.D. 1
Honorable Colleen Hanabusa
President of the Senate
Twenty-Fifth State Legislature
Regular Session of 2009
State of Hawaii
Madam:
Your Committee on Labor, to which was referred S.B. No. 667 entitled:
"A BILL FOR AN ACT RELATING TO WHISTLEBLOWERS' PROTECTION,"
begs leave to report as follows:
The purpose of this measure is to provide additional protection to public employees who report violations of the law and other improper activities such as waste, gross misconduct, incompetence, or inefficiency; and to expand the State Ombudsman's responsibilities regarding whistleblowers.
Testimony in support of this measure was submitted by one organization. Testimony in opposition to this measure was submitted by one state agency. One state agency and one county agency supported the intent of the measure. The Office of the Ombudsman submitted comments on the measure. Written testimony presented to the Committee may be reviewed on the Legislature's website.
Your Committee finds that public employees should feel protected from employers' retaliation if they report government waste, gross misconduct, incompetence, or inefficiency. Your Committee notes the Hawaii Government Employees Association's testimony that federal and other state legislation provide protections to public and private employees who report actions that are illegal or threaten public health and safety, and that Hawaii's legislation should provide similarly strong protections.
Your Committee notes the State Ombudsman's recommendation that prescribing the posting of notices, referenced in sections 3 and 4 of the measure, is a responsibility more appropriate for the Department of Labor and Industrial Relations.
Your Committee also notes the State Ombudsman's concern that section 4 of the measure, which requires the Ombudsman to inform a complainant of the complainant's rights under the law, is inconsistent with the Ombudsman's role as an impartial third party that should neither side with the complainant or any governmental agency in an investigation nor provide legal advice.
Your Committee shares the concern expressed by the City and County of Honolulu's Department of Human Resources regarding the broad and vague categories of complaints for which public employees would be protected for reporting violations. These categories include "economically wasteful", "gross misconduct", "incompetence", and "inefficiency". Your Committee believes that these terms should be better defined as the Legislature further debates this matter.
Your Committee agrees with the State Ombudsman's recommendation to remove paragraph 7 in section 5 of the measure, as paragraph 1 already lists administrative acts that are contrary to law as an appropriate subject for investigation.
Your Committee has accordingly amended this measure as follows:
(1) By replacing the references to the State Ombudsman with the Department of Labor and Industrial Relations in sections 3 and 4 of the measure, which relate to the posting of notices and informing the complainant of the complainant's rights under the law;
(2) By deleting paragraph 7 in section 5 of the measure, which would have added a violation of the proposed new section as an appropriate subject for investigation by the Ombudsman;
(3) By amending the effective date to July 1, 2050, for the purpose of encouraging further discussion; and
(4) By amending this measure to correctly reflect the language in the Hawaii Revised Statutes.
As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 667, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 667, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.
Respectfully submitted on behalf of the members of the Committee on Labor,
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____________________________ DWIGHT Y. TAKAMINE, Chair |
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