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[06-20] Whistleblower Protection Act of 2020
Posted: Thu Feb 27, 2020 7:46 pm
STATE OF SAN ANDREAS
OFFICE OF GOVERNOR DARRELL BRYANT
EXECUTIVE ORDER NO. DB006-20
February 27, 2020
I, Darrell Bryant, Acting Governor of the State of San Andreas, pursuant to the authority conferred upon me by the San Andreas State Constitution, order the following:
An act to establish the Office of the State Auditor, to authorise the State Auditor to conduct an investigative audit upon receiving specific information that an employee or state department has engaged in an improper governmental activity, and prohibit an employee from interfering with a person's right to disclose improper activity and be free from reprisal under the act.
|SUBMITTED BY: Senator Park SPONSORED BY: Senator Park |
THE PEOPLE OF THE STATE OF SAN ANDREAS DO ORDAIN AS FOLLOWS:
- Section 1. DEFINITIONS
Section 2. AUTHORIZATION
- "Employee" means an individual appointed by the Governor or the Secretary of State, or employed or holding office in a state department or agency, inclusive, an employee of the University of San Andreas or an individual appointed to a state board or commission.
- "Illegal order" means a directive to violate or assist in violating state or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.
- "Improper governmental activity" means an activity by a state department or agency, or an employee that is undertaken in the performance of the employee's duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of their employment, and that (1) is in violation of any state law or regulation, including but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, misuse of government property, or wilful omission to perform duty, (2) is in violation of an Executive order of the Governor, a San Andreas Rule of Court, or any policy or procedure mandated by the State Government, or (3) is economically wasteful, involves gross misconduct, incompetency, or inefficiency. "Improper governmental activity" also includes any activity by the University of San Andreas, or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision.
- "Person" means an individual, corporation, trust, association, a state or local government, or a department or agency, or instrumentality of any of the foregoing.
- "Protected disclosure" means a good faith communication, including communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence (1) an improper governmental activity, or (2) a condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. It includes communication or information delivered to the State Auditor's Office alleging an improper governmental activity and any evidence delivered to the State Auditor's Office in support of the allegation.
- "State departments" or "state agency" includes the University of San Andreas and shall be inclusive of all departments, offices and subdivisions belonging to the State Government excluding the Los Santos Police Department (PD), the Los Santos Sheriff's Department (SD), the Los Santos Fire Department (FD), the San Andreas Department of Corrections & Rehabilitation (SADCR), the Department of Justice (DOJ) and the Courts of San Andreas.
Section 3. ROLES, RESPONSIBILITIES AND REPORTING REQUIREMENTS
- The State Senate authorizes the establishment of the Office of the State Auditor as an Executive Office of the San Andreas.
Section 4. NOMINATION AND CONFIRMATION
- The State Auditor may investigate, report and deal with issues pertaining to improper governmental activities. If, after investigation, the State Auditor finds that an employee or department may have engaged or participated in improper governmental activities, the State Auditor may deal with it as necessary, may prepare an investigative report and send a copy of the report to both the Secretary of State and the State Senate.
- The State Auditor's Office may request that persons submitting an allegation provide their name and contact information and provide the names and contact information for any persons who could help to substantiate the claim. However, the office shall not require persons submitting an allegation to provide their name or contact information.
- Upon receiving specific information that any employee or state department or agency has engaged in an improper governmental activity, the office may conduct an investigation of the matter. The identity of the person providing the information, shall not be disclosed without the express permission of the person providing the information.
- The State Auditor's Office may request assistance of any state department, agency, or employee including the Department of Justice and the State Senate in evaluating an allegation or conducting any investigation of an improper governmental activity as authorized. In response to a request for a ssistance, these bodies shall choose to provide the assistance, including but not limited to, providing access to documents or other information in a timely manner. If an investigation conducted by the office involves access to confidential academic peer review records of the University of San Andreas academic personnel, these records shall be provided in a form consistent with university policy.
- When the State Senate is in session, the State Auditor shall liaise with State Senate when and if necessary. The office shall compile and submit their findings to the State Senate.
- The Secretary of State shall nominate the State Auditor.
- The State Senate must vote to confirm the State Auditor with a simple majority vote.
- When there is a vacancy in the Office of the State Auditor, the Acting Secretary of State shall serve in their place until a new State Auditor is appointed and confirmed.
| ______________________ |
President Pro Tempore
San Andreas State Senate