61.102 Reprisal against public employee for disclosure of violations of law
453 words·~2 min read·
/ky/61-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
prohibited -- Construction of statute.
(1)No employer shall subject to reprisal, or directly or indirectly use, or threaten to use,
any official authority or influence, in any manner whatsoever, which tends to
discourage, restrain, depress, dissuade, deter, prevent, interfere with, coerce, or
discriminate against any employee who in good faith reports, discloses, divulges, or
otherwise brings to the attention of the Kentucky Legislative Ethics Commission,
the Attorney General, the Auditor of Public Accounts, the Executive Branch Ethics
Commission, the General Assembly of the Commonwealth of Kentucky or any of
its members or employees, the Legislative Research Commission or any of its
committees, members or employees, the judiciary or any member or employee of
the judiciary, any law enforcement agency or its employees, or any other appropriate
body or authority, any facts or information relative to an actual or suspected
violation of any law, statute, executive order, administrative regulation, mandate,
rule, or ordinance of the United States, the Commonwealth of Kentucky, or any of
its political subdivisions, or any facts or information relative to actual or suspected
mismanagement, waste, fraud, abuse of authority, or a substantial and specific
danger to public health or safety. No employer shall require any employee to give
notice prior to making such a report, disclosure, or divulgence.
(2)No employer shall subject to reprisal or discriminate against, or use any official
authority or influence to cause reprisal or discrimination by others against, any
person who supports, aids, or substantiates any employee who makes public any
wrongdoing set forth in subsection
(1)of this section.
(3)This section shall not be construed as:
(a)Prohibiting an employer from requiring that an employee inform him or her of
an official request made to an agency for information, or the substance of
testimony made, or to be made, by the employee to legislators on behalf of an
agency;
(b)Permitting the employee to leave his or her assigned work area during normal
work hours without following applicable law, administrative regulations,
rules, or policies pertaining to leave, unless the employee is requested by the
Kentucky Legislative Ethics Commission or the Executive Branch Ethics
Commission to appear before the commission, or by a legislator or a
legislative committee to appear before a legislative committee;
(c)Authorizing an employee to represent his or her personal opinions as the
opinions of his or her employer; or
(d)Prohibiting disciplinary or punitive action if an employee discloses
information which he or she knows:
1. To be false or which he or she discloses with reckless disregard for its
truth or falsity;
2. To be exempt from required disclosure under the provisions of KRS
61.870 to 61.884; or
3. Is confidential under any other provision of law.