Title 45, Chapter 1, Section 4
( 45-1-4)
(a) As used in this Code section, the term: (1) "Public employee" means any person who is employed by the
executive branch of the state or by any other department, board,
bureau, commission, authority, or other agency of the state except
the office of the Governor, the judicial branch, or the
legislative branch. (2) "Public employer" means the executive branch of the state and
any other department, board, bureau, commission, authority, or
other agency of the state which employs or appoints a public
employee or public employees except the office of the Governor,
the judicial branch, or the legislative branch. (b) A public employer may receive and investigate complaints or
information from any public employee concerning the possible
existence of any activity constituting fraud, waste, and abuse in or
relating to any state programs and operations under the jurisdiction
of such public employer. (c) Notwithstanding any other law to the contrary, such public
employer shall not after receipt of a complaint or information from
a public employee disclose the identity of the public employee
without the written consent of such public employee, unless the
public employer determines such disclosure is necessary and
unavoidable during the course of the investigation. In such event,
the public employee shall be notified in writing at least seven days
prior to such disclosure. (d) No action against any public employee shall be taken or
threatened by any public employer who has authority to take, direct
others to take, recommend, or approve any personnel action as a
reprisal for making a complaint or disclosing information to the
public employer unless the complaint was made or the information was
disclosed with the knowledge that it was false or with willful
disregard for its truth or falsity. (e) Any action taken in violation of subsection (d) of this Code
section shall give the public employee a right to have such action
set aside in a proceeding instituted in the superior court. |