Oregon Legislature scales back whistleblower protection bill

Tracy Loew
Statesman Journal
Former ODOT employee Gerritt Law talks about some of the violations he saw in the nearly three years that he worked for the department. Law meticulously documented emails, work conditions and violations, estimating that he spent hundreds of hours and more than $1,000 compiling evidence that now fills several three-ring binders.

A proposal to allow Oregon state employees to report whistleblower concerns anonymously has been scaled back.

Senate Republican Leader Jackie Winters of Salem introduced Senate Bill 1559 in response to a November story in the Statesman Journal about former Oregon Department of Transportation employee Gerritt Law and several other whistleblowers.

Law, a technician in the Motor Carrier Division, repeatedly informed his superiors about problems he found after taking the job in 2013. He eventually was fired, sued the state for retaliation, and accepted a $95,000 settlement.

Winters proposed allowing all state-employee whistleblowers to remain anonymous, and setting up an anonymous complaint reporting procedure.

On Thursday, the Senate General Government and Accountability Committee approved the bill — with an amendment that limits anonymous reporting to four state agencies during a two-year pilot program. The agencies are ODOT, the Oregon Health Authority, Department of Human Services, and Department of Environmental Quality.

“There were concerns over the depth and scope of the anonymous reporting process,” Andrew Downs, legal director in the Senate Republican Office said.

The limits will allow for a test run, and possible later expansion, he said.

The bill also would require the state to establish a mandatory, uniform annual whistleblowing training program for all supervisors and employees, and to produce a publicly available manual describing whistleblowing rules and employee rights.

“We found there is not any training. So, you come into an agency, you really don’t know what your rights are, or know the reporting process,” Winters said during a public hearing on the proposal. “The bill actually addresses that particular issue.”

Sen. Jackie Winters, R-Salem, speaks to reporters after her election as Senate Republican Leader at the Oregon Capitol Building in Salem, Oregon, Wednesday, Nov. 15, 2017.

The amendment changed the agency responsible for the training and manual from the Oregon Department of Justice to the Bureau of Labor and Industries.

And the bill directs BOLI to study whistleblowing activities in Oregon, and produce a report by Jan. 1 of each odd-numbered year.

Oregon law already prohibits public and private employers from retaliating against employees who report in good faith information the employee believes is a violation of a state or federal law or regulation. That could include sexual harassment, failure to provide required breaks, or unfair trade practices.

Oregon’s public-sector whistleblower law also protects public employees from retaliation for disclosing any information the employee reasonably believes is evidence of mismanagement, gross misuse or waste or public resources or funds, abuse of authority, or a substantial and specific danger to public health or safety.

SEIU Local 503, which represents 65,000 state employees and other workers, supports the bill, said Stacy Cowan, a lobbyist for the union.

“Our members have experienced first-hand the retaliation that often comes from managers when workers expose misuse of taxpayer dollars, abuse and neglect, or outright criminal activity,” she said. “SB 1559 will go a long way to prevent retaliation and give workers much needed added security when they come forward.”

If the legislation passes, the Bureau of Labor and Industries would need additional funding for a training and development specialist, at a cost of $29,506 for the remainder of the 2017-19 biennium, and $93,214 for the 2019-21 biennium.

tloew@statesmanjournal.com, 503-399-6779 or follow at Twitter.com/Tracy_Loew

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