[Adopted 6-4-1996 by L.L. No. 9-1996]
The federal government and the state government have previously adopted laws which protect its employees from reprisals when employees report violations of law and/or gross misconduct on the part of their supervisors. The Legislature of Rockland County believes it is important to protect the employees of Rockland County from reprisals when County employees report violations of law; ethical violations; professional misconduct or gross misconduct and to encourage the reporting of same.
As used in this article, the following terms shall have the meanings indicated:
COVERED POSITION
With respect to any personnel action, any position of employment by the County of Rockland excluding any elected position or position directly appointed by the County Executive, and required to be confirmed by the County Legislature.
PERSONNEL ACTION
A. 
An appointment.
B. 
A promotion.
C. 
Any disciplinary action under § 75 of the Civil Service Law.
D. 
A detail, transfer or reassignment.
E. 
A reinstatement.
F. 
A restoration.
G. 
A reemployment.
H. 
A decision concerning pay, benefits or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation or other action described in this definition.
I. 
Termination of employment.
Any County employee who has authority to take, direct others to take, recommend or approve any personnel action shall not, with respect to such authority, discriminate for or against any employee or applicant for employment or take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of:
A. 
Any disclosure of information by an employee or an applicant for employment which the employee or applicant believes evidences:
(1) 
A violation of any law, rule, regulation or professional ethical code; or
(2) 
Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law.
B. 
The exercise of any appeal, complaint or grievance right granted by any law, rule or regulation.
C. 
Testifying for or otherwise lawfully assisting any individual in the exercise of any right;
D. 
Cooperating with or disclosing information to the appropriate agency, including but not limited to any enforcement agency.
E. 
Refusing to obey an order that would require the individual to violate a law.
A. 
An employee who has been the subject of a personnel action in violation of this Article may institute a civil action in a court of competent jurisdiction for relief, as set forth in § 121-14 of this article, within one year after the alleged personnel action was taken.
B. 
Any action authorized by this section shall be brought in Rockland County.
C. 
It shall be a defense to any action brought pursuant to this section that the personnel action was predicated upon grounds other than the employee's exercise of any rights protected by this article. It shall also be a defense that the individual was an independent contractor.
In any action brought pursuant to § 121-13 of this article, the court may order relief as follows:
A. 
An injunction to restrain continued violation of this local law.
B. 
The reinstatement of the employee to the same position held before the personnel action, or to an equivalent position.
C. 
The reinstatement of full fringe benefits and seniority rights.
D. 
The compensation for lost wages, benefits and other remuneration.