61.103 Definitions of "disclosure" and "contributing factor" -- Civil action by

334 words·~2 min read·/ky/61-103

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

employee authorized -- Evidence. As used in this section, unless the context otherwise requires:

(a)"Disclosure" means a person acting on his own behalf, or on behalf of another,

who reported or is about to report, either verbally or in writing, any matter set

forth in KRS 61.102.

(b)"Contributing factor" means any factor which, alone or in connection with

other factors, tends to affect in any way the outcome of a decision. It shall be

presumed there existed a "contributing factor" if the official taking the action

knew or had constructive knowledge of the disclosure and acted within a

limited period of time so that a reasonable person would conclude the

disclosure was a factor in the personnel action.

(2)Notwithstanding the administrative remedies granted by KRS Chapters 16, 18A, 78,

90, 95, 156, and other chapters of the Kentucky Revised Statutes, employees

alleging a violation of KRS 61.102(1) or

(2)may bring a civil action for appropriate

injunctive relief or punitive damages, or both, within ninety

(90)days after the

occurrence of the alleged violation. The action may be filed in the Circuit Court for

the county where the alleged violation occurred, the county where the complainant

resides, or the county where the person against whom the civil complaint is filed

resides or has his principal place of business.

(3)Employees filing court actions under the provisions of subsection

(2)of this section

shall show by a preponderance of evidence that the disclosure was a contributing

factor in the personnel action. Once a prima facie case of reprisal has been

established and disclosure determined to be a contributing factor to the personnel

action, the burden of proof shall be on the agency to prove by clear and convincing

evidence that the disclosure was not a material fact in the personnel action.

(4)Any employee who testifies in an official proceeding shall be afforded the same

protections and rights as the employee who makes a disclosure as set forth in KRS

61.102.