Define whistleblowing....is it a legitimate wrong doing by an officer or is it a cheap way to go after a person you dont like....
PD-32 WHISTLEBLOWER ACT
DISCUSSION:
Chapter 554 of the Texas Government Code, known as the Texas Whistleblower Act, protects a
public employee from retaliation by a public employer when, in good faith, the employee reports
a violation of law by the employer or another public employee to an appropriate law enforcement
authority.
The information contained within this directive does not constitute legal advice or constitute an
admission of liability for any alleged violation of the Texas Whistleblower Act. An employee
who has questions regarding the employee’s rights under the Texas Whistleblower Act should
consult a private attorney. The TDCJ’s Employee Assistance Program (EAP) can provide legal
referral resources (see PD-20, “Employee Assistance Program”).
PROCEDURES:
I. General Provisions
A. An employee who in good faith reports any violation of law by the TDCJ or by
another public employee to an appropriate law enforcement authority shall not be
suspended, separated from employment, have any adverse personnel action taken
against the employee, or be retaliated against in any form based on the
employee’s reporting of the violation. In addition, an employee shall not be
impeded in any manner from filing a suit under Texas Government Code §
554.007, or be subjected to retaliation for filing such a suit.
B. All managers and supervisors within the TDCJ are responsible for observing and
supporting this directive. All employment-related decisions made within the
TDCJ, including decisions relating to compensation, promotion, demotion,
transfer, work assignment, and performance evaluation, shall be made without
regard to whether an employee has in good faith reported a violation of law by the
TDCJ or another public employee to an appropriate law enforcement authority.
C. An employee found to be in violation of this directive shall be subject to
disciplinary action, up to and including separation from employment in
accordance with PD-22, “General Rules of Conduct and Disciplinary Action
Guidelines for Employees.” In addition to any disciplinary action administered
by the TDCJ for violation of this directive, a supervisor who suspends, dismisses,
or takes an adverse personnel action against an employee in violation of the Texas
Whistleblower Act may be personally liable for a civil penalty not to exceed
$15,000.
D. Nothing in this directive prevents the TDCJ from taking adverse personnel or
disciplinary action against an employee based on information, observation, or
evidence not related to the fact the employee reported a violation of law by the
TDCJ or another public employee to an appropriate law enforcement authority.
II. Requirement to Post Sign
Human resources representatives shall be responsible for posting a sign in a common use
area within the unit or department informing employees of their rights under the Texas
Whistleblower Act. These signs may be obtained from the Administrative Support
Section, Human Resources Division.
___________________________________
Brad Livingston
Executive Director