Bill > A712

Introduced Session

This bill provides protection against employer retaliation for an employee who makes disclosures, provides testimony, or objects or refuses to participate in any activity, policy or practice of the employer, or another employer in a business relationship with the employer, which the employee reasonably believes is a substantial waste of public funds by a governmental entity or is a gross mismanagement or an abuse of authority by an employer that is a governmental entity. The bill defines both "gross mismanagement" and "abuse of authority" as a pattern of actions by an employer that is a governmental entity, made in a manner clearly deviating from the standard of care or competence that a reasonable person would observe in the same situation, which has a substantial adverse affect on the operations, clients, customers or employees of the entity, or on the efficient accomplishment of any function of the entity authorized by law, regulation, or a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. The difference is that "gross mismanagement" concerns actions which are "negligent or incompetent" while "abuse of authority" concerns actions which are "illegal, malicious, fraudulent, arbitrary or capricious." The bill defines "substantial waste of public funds" as conduct or omissions, made in a manner clearly deviating from the standard of care or competence that a reasonable person would observe in the same situation, of any employer, including one which is a governmental entity, which result or could reasonably be expected to result, at once or over a period of time, in the misuse, destruction, loss, or expenditure without valuable result, of a substantial amount of moneys or resources belonging to or deriving from a governmental entity.

AI Summary

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Mike Torrissi (R)*, 

Introduced, Referred to Assembly Labor Committee (on 01/09/2024)

Official Document