(Washington, D.C.) – At a Washington, D.C. City Council hearing tomorrow, Friday, June 26, whistleblowers and public interest leaders will rally behind a proposal by Councilmember Mary Cheh to modernize the District’s whistleblower law for government employees and contractors.

The “Whistleblower Protection Amendment Act of 2009” would strengthen the existing 1998 law in much needed areas. GAP Legal Director Tom Devine, who will testify Friday, calls the reform measure “a serious, necessary good government legislation for the District.” Devine explained that until recently, DC’s whistleblower rights for government workers and contractors were recognized as “the standard of excellence” at the state and local level. “But,” he lamented, “this anti-corruption shield is deteriorating fast due to spillover effects from court rulings under the discredited Whistleblower Protection Act for federal employees.” Devine noted that Congress is on the verge of completing a ten year process to overhaul and modernize the federal law. “Friday’s hearing means the District is serious about keeping pace to upgrade its free speech law, down to the nuts and bolts level. That is welcome news for District taxpayers.”

The proposed legislation will –

  • Protect whistleblowers against retaliatory investigations
  • Restore protection for disclosures that challenge fraud, waste or abuse made in the course of an employee’s job duties
  • Increase the statute of limitations time period for employees to assert their rights
  • Increase civil fines against employers who retaliate against whistleblowers from $1,000 to $10,000
  • Extend employee anti-retaliation protection to honest contractors who blow the whistle on District fraud, waste or abuse.

GAP’s testimony will recommend that the bill be strengthened by clarifying other muddled areas of current law, such as the legal burdens of proof, and the right of reprisal victims to file counterclaims in the same lawsuit related to the discliplinary action. The group also will propose that the new legislation protect employees against forced psychiatric fitness for duty examinations, and require the District to establish a safe channel for employees to file formal whistleblowing disclosures and participate in corresponding investigations.

GAP Senior Counsel Richard Condit, who will also be testifying on Friday, added: “It is clear that government managers have learned that they are immune from any consequences for retaliating against employees who exercise their right to speak out. This loophole has to be closed in order to encourage disclosures and needed reforms in various City agencies.”

The hearing will take place at 10:30 a.m. on Friday in Room 412 of the John A. Wilson Building, 1350 Pennsylvania Ave., NW.

Government Accountability Project

The Government Accountability Project is the nation’s leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, GAP’s mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, GAP is a non-profit, non-partisan advocacy organization based in Washington, D.C.