Chapter 11 - State Government Fraud Reduction
CHAPTER 11 - STATE GOVERNMENT FRAUD REDUCTION
9-11-101. Short title.
Thischapter may be cited as the "State Government Fraud Reduction Act."
9-11-102. Definitions; applicability.
(a) As used in this chapter:
(i) "Employee" means any person who works an averageof twenty (20) hours or more per week during any six (6) month period and whois employed by the state performing a service for wages or other remuneration,excluding an independent contractor;
(ii) "Political subdivision" means a county, municipalor special district governing body or any combination thereof, school districtor municipal corporation or a board, department, commission, council, agency orany member or employee thereof;
(iii) "State" means the state of Wyoming and anyauthority, board, commission, department, division or separate operating agencyof the executive, legislative or judicial branch of the state of Wyoming,excluding its political subdivisions.
9-11-103. Discrimination against certain employees prohibited; civilaction against employer.
(a) No state employer may discharge, discipline or retaliateagainst an employee by unreasonably altering the terms, location or conditionsof employment because the employee acting in good faith and within the scope ofduties of employment:
(i) Reports in writing to the employer what the employee hasreasonable cause to believe is a demonstration of fraud, waste or grossmismanagement in state government office;
(ii) Reports in writing to the employer what the employee hasreasonable cause to believe is a violation of a law, regulation, code or ruleadopted under the laws of this state or the United States;
(iii) Reports in writing to the employer what the employee hasreasonable cause to believe is a condition or practice that would put at riskthe health or safety of that employee or any other individual;
(iv) Participates or is requested to participate in anyinvestigation, hearing or inquiry held concerning an issue subject to reportingunder this subsection; or
(v) Has refused to carry out a directive which is beyond thescope, terms and conditions of his employment that would expose the employee orany individual to a condition likely to result in serious injury or death,after having sought and been unable to obtain a correction of the dangerouscondition from the employer.
(b) Subsection (a) of this section does not apply to anemployee who has reported or caused to be reported a violation or unsafecondition or practice, unless the employee has first brought the allegedviolation, condition or practice to the attention of a person havingsupervisory authority over the employee and has allowed the state employer areasonable opportunity to correct that violation, condition or practice. Priornotice to a person having supervisory authority is not required if the employeereasonably believes that the report may not result in prompt correction of theviolation, condition or practice. In such cases, the employee shall report theviolation, condition or practice to the department or agency director of thestate entity with which he is employed.
(c) Any employee who is discharged, disciplined or otherwisepenalized by a state employer in violation of this section may after exhaustingall available administrative remedies, bring a civil action within ninety (90)days after the date of the final administrative determination or within ninety(90) days after the violation, whichever is later, in the district court forthe judicial district in which the violation is alleged to have occurred orwhere the state employer has its principal office. An employee's recovery fromany action under this section shall be limited to reinstatement of his previousjob, payment of back wages and re-establishment of employee benefits to whichhe would have otherwise been entitled if the violation had not occurred. Inaddition, the court may allow the prevailing party his costs together withreasonable attorney's fees to be taxed by the court. Any employee found tohave knowingly made a false report shall be subject to disciplinary action byhis employer up to and including dismissal.
(d) A state employer shall ensure that its employees are awareof their rights under this chapter.
9-11-104. Repealed By Laws 2002, Ch. 29, 1.