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
C.
Any disciplinary action under § 75
of the Civil Service Law.
D.
A detail, transfer or reassignment.
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.
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.