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Bill to bar state employees from representing private parties against the state draws questions on whistleblower protections and free speech; no motion to move
Summary
Representative Judy Boyle presented House Bill 319 to prohibit state employees from representing private parties against the state; committee members questioned whether the draft would chill whistleblowers or unpaid expert testimony.
Representative Judy Boyle presented House Bill 319, titled in committee as a "state employee loyalty" measure, saying it would prevent state employees from acting as paid or unpaid agents, consultants, experts or attorneys in claims against the state.
"They're a State employee or they're a private contractor," Boyle said, arguing state employees should not be on both sides of litigation involving the state.
Committee members pressed the sponsor on protections for whistleblowers, subpoenaed fact witnesses and unpaid experts. Boyle repeatedly cited advice from the Attorney General’s office that the whistleblower reporting statute (as she referenced it) protects employees who report misconduct. She also pointed to a provision in the draft that said "nothing in this section shall prohibit an employee from serving as a fact witness when properly served with a subpoena." Several members said that language left open whether employees could participate in fact-finding before being subpoenaed.
Representative Scott described a workplace safety example in which employees testified in a suit brought against a state agency; he asked whether those employees would be categorized as whistleblowers. Boyle said such employees could be whistleblowers. Representative Akiles and others questioned how the bill would affect employees acting on their own time, unpaid experts, or those who provide testimony or assistance without compensation. Representative Alfieri said he was "very uncomfortable" with the bill’s framing and that his oath is to the U.S. and state constitutions rather than to the state as an employer.
The transcript shows no committee motion to advance House Bill 319; the chair said "Well, there's no motion to vote against. So the bill is gonna die for lack of a motion." The measure therefore did not advance from the committee at that meeting.
Committee discussion noted the sponsor had discussed the draft with the Attorney General’s office and the Department of Lands and that exempting small rural jurisdictions was not at issue in this bill. Several members requested clearer drafting to reconcile the bill’s restrictions with whistleblower protections and subpoena exceptions before it could be scheduled for a hearing.
