61.103 Definitions of "disclosure" and "contributing factor" -- Civil action by employee authorized -- Evidence.
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61.103 Definitions of "disclosure" and "contributing factor" -- Civil action by
employee authorized -- Evidence.
As used in this section, unless the context otherwise requires: <br>(1) (a) "Disclosure" means a person acting on his own behalf, or on behalf of another,
who reported or is about to report, either verbally or in writing, any matter set <br>forth in KRS 61.102.
(b) "Contributing factor" means any factor which, alone or in connection with
other factors, tends to affect in any way the outcome of a decision. It shall be <br>presumed there existed a "contributing factor" if the official taking the action <br>knew or had constructive knowledge of the disclosure and acted within a <br>limited period of time so that a reasonable person would conclude the <br>disclosure was a factor in the personnel action.
(2) Notwithstanding the administrative remedies granted by KRS Chapters 16, 18A, 78,
90, 95, 156, and other chapters of the Kentucky Revised Statutes, employees <br>alleging a violation of KRS 61.102(1) or (2) may bring a civil action for appropriate <br>injunctive relief or punitive damages, or both, within ninety (90) days after the <br>occurrence of the alleged violation. The action may be filed in the Circuit Court for <br>the county where the alleged violation occurred, the county where the complainant <br>resides, or the county where the person against whom the civil complaint is filed <br>resides or has his principal place of business.
(3) Employees filing court actions under the provisions of subsection (2) of this section
shall show by a preponderance of evidence that the disclosure was a contributing <br>factor in the personnel action. Once a prima facie case of reprisal has been <br>established and disclosure determined to be a contributing factor to the personnel <br>action, the burden of proof shall be on the agency to prove by clear and convincing <br>evidence that the disclosure was not a material fact in the personnel action.
(4) Any employee who testifies in an official proceeding shall be afforded the same
protections and rights as the employee who makes a disclosure as set forth in KRS <br>61.102.
Effective: September 16, 1993 <br>History: Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 65, effective September
16, 1993. -- Created 1986 Ky. Acts ch. 301, sec. 3, effective July 15, 1986.
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