Substitute Senate Bill No. 459
Substitute Senate Bill No. 459
PUBLIC ACT NO. 98-68
AN ACT CONCERNING WHISTLEBLOWER PROTECTION FOR
EMPLOYEES OF FOUNDATIONS ESTABLISHED TO SUPPORT OR
IMPROVE STATE AGENCIES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 4-37e of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this section, [and] sections 4-37f
to 4-37i, inclusive, AND SECTION 2 OF THIS ACT:
(1) "State agency" means each state board,
authority, commission, department, office,
institution, council or other agency of the state
including, but not limited to, each constituent
unit and each public institution of higher
education.
(2) "Foundation" means an organization, fund
or any other legal entity which is (A) exempt from
taxation pursuant to Section 501 (c)(3) of the
Internal Revenue Code of 1986, as amended, and (B)
established for the principal purpose of receiving
or using private funds for charitable, scientific,
cultural, educational or related purposes that
support or improve a state agency. Such an
organization, fund or other legal entity shall not
be deemed to be a state agency as defined in
section 1-18a.
(3) "Executive authority" means (A) a
department head, as defined in section 4-5, AS
AMENDED, (B) the executive secretary or president
of a constituent unit, (C) the chief executive
officer of a public institution of higher
education and (D) the chief executive officer of
any other state agency.
(4) "Constituent unit" means a constituent
unit as defined in section 10a-1.
(5) "Public institution of higher education"
means a public college or university in the state
system of higher education or The University of
Connecticut School of Law.
Sec. 2. (NEW) Each foundation shall develop,
in conjunction with the Auditors of Public
Accounts, and implement a written policy (1) for
the investigation of any matter involving
corruption, unethical practices, violation of
state laws or regulations, mismanagement, gross
waste of funds, abuse of authority or danger to
the public safety occurring in such foundation,
(2) prohibiting any officer or employee of the
foundation from taking or threatening to take any
personnel action against any foundation employee
who transmits information concerning any such
matter, (3) providing that any foundation employee
who is found to have knowingly and maliciously
made false charges concerning any such matter
under subdivision (1) of this section shall be
subject to disciplinary action by the employee's
appointing authority, up to and including
dismissal and (4) requiring the foundation to
provide a copy of such policy to its employees and
to periodically notify the employees of the
existence of the policy.
Sec. 3. This act shall take effect July 1,
1998.
Approved May 19, 1998