§ 36-1-8-8 — Protection of employees reporting violations of federal, state, or local laws; disciplinary actions; procedures

Indiana § 36-1-8-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 8: Miscellaneous Fiscal and Administrative Provisions

Text

(a) An employee of a political subdivision may
report in writing the existence of:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision; or
(4) the misuse of public resources;
first to a supervisor or appointing authority, unless the supervisor or
appointing authority is the person whom the employee believes is
committing the violation or misuse of public resources. In that case, the
employee may report the violation or misuse of public resources in
writing to either the supervisor or appointing authority or any official
or agency entitled to receive a report from the state ethics commission
under IC 4-2-6-4(b)(2)(G) or IC 4-2-6-4(b)(2)(H). If a good faith effort
is not made to correct the problem within a reasonable time, the
employee may submit a written report of the incident to any person,
agency, or organization.
(b) For having made a report under subsection (a), an employee may
not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefits
withheld;
(3) be transferred or reassigned;
(4) be denied a promotion that the employee otherwise would
have received; or
(5) be demoted.
(c) Notwithstanding subsections (a) and (b), an employee must
make a reasonable attempt to ascertain the correctness of any
information to be furnished and may be subject to disciplinary actions
for knowingly furnishing false information, including suspension or
dismissal, as determined by the employee's appointing authority or the
appointing authority's designee. However, any employee disciplined
under this subsection is entitled to process an appeal of the disciplinary
action under the procedure set forth in any personnel policy or
collective bargaining agreement adopted by the political subdivision.
(d) An employer who violates this section commits a Class A
infraction.

Legislative History

As added by P.L.32-1987, SEC.4. Amended by P.L.9-1990, SEC.16.