§ 19-B — Whistleblower policy

§ 19-b. Whistleblower policy. (a) Except as provided in subdivision\n(c) of this section, the board of every rural electric cooperative shall\nadopt, and oversee the implementation of, and compliance with, a\nwhistleblower policy to protect from retaliation persons who report\nsuspected improper conduct. Such policy shall provide that no director,\nofficer or employee of a rural electric cooperative who in good faith\nreports any action or suspected action taken by or within the\ncooperative that is illegal, fraudulent or in violation of any adopted\npolicy or bylaw of the cooperative shall suffer intimidation,\nharassment, discrimination or other retaliation or, in the case of\nemployees, adverse employment consequence.\n (b) The whistleblower policy shall include the following provisions:\n (1) procedures for the reporting of violations or suspected violations\nof laws or cooperative policies or bylaws, including procedures for\npreserving the confidentiality of reported information;\n (2) a requirement that an employee, officer or director of the\ncooperative be designated to administer the whistleblower policy and to\nreport to the board or an authorized committee thereof;\n (3) a requirement that the person who is the subject of a\nwhistleblower complaint not be present at or participate in board\ndeliberations or vote on the matter relating to such complaint, provided\nthat nothing in this paragraph shall prohibit the board from requesting\nthat the person who is subject to the complaint present information as\nbackground or answer questions at a board meeting prior to the\ncommencement of deliberations or voting relating thereto; and\n (4) a requirement that a copy of the policy be distributed to all\ndirectors, officers and employees. For purposes of this subdivision,\nposting the policy on the cooperative's website or at the cooperative's\noffices in a conspicuous location accessible to employees are among the\nmethods a cooperative may use to satisfy the distribution requirement.\n (c) A rural electric cooperative that has adopted and possesses a\nwhistleblower policy pursuant to federal, state or local laws that is\nsubstantially consistent with the provisions of subdivision (b) of this\nsection shall be deemed in compliance with provisions of this section.\n (d) Nothing in this section shall be interpreted to relieve any rural\nelectric cooperative from any additional requirements in relation to\ninternal compliance, retaliation, or document retention required by any\nother law or rule.\n