Sec. 39.90.110. Limitation to protections.

213 words·~1 min read·/ak/title-39/chapter-90/39-90-110

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person is not entitled to the protections under AS 39.90.100 — 39.90.150 unless the person

(1)reasonably believes that the information reported is or is about to become a matter of public concern; and

(2)reports the information in good faith.

(b)A person is entitled to the protections under AS 39.90.100 — 39.90.150 only if the matter of public concern

(1)is not the result of conduct by the person seeking protection; or

(2)is the result of conduct by the person that was required by the person's employer.

(c)As part of its written personnel policy, a public employer may require that, before an employee initiates a report on a matter of public concern under AS 39.90.100 , the employee shall submit a written report concerning the matter to the employer. However, the employee is not required to submit a report if the employee

(1)reasonably believes that reports to the employer will not result in prompt action to remedy the matter of public concern;

(2)believes with reasonable certainty that the activity, policy, or practice is already known to one or more supervisors;

(3)reasonably believes that an emergency is involved; or

(4)reasonably fears reprisal or discrimination as a result of disclosure.