Committee reviews Municipal Employee Whistleblower Act; amendments add definitions and narrow some protections

The House Committee on Local Government held a hearing on House Bill 2,160, the Municipal Employee Whistleblower Act, which would extend statutory protections to municipal employees who report certain unlawful conduct. Committee staff and municipal associations described the bill as substantially similar to Senate Bill 120 but amended to add definitions and narrow one disclosure pathway.

Committee reviser Charles briefed members and said the House substitute removed a protection that had allowed disclosure of "a substantial and specific danger to public health or safety to any person, agency, or organization," and added definitions for malfeasance and misappropriation. "As you recall, Senate Bill 120 and also House Bill 2,160... is that 1 of the protections that are extended to municipal employees under both bills is disclosing malfeasance or misappropriation of money," Charles said. He read the committee’s defined terms: malfeasance as "unlawful conduct committed by any member of the governing body of a municipality or any officer or other employee thereof," and misappropriation as "the unauthorized or unlawful expenditure transfer of monies held by [a] municipality." Charles told the committee that, as amended, the bill "was pretty noncontroversial" and that it would take effect July 1, 2025 if enacted.

Jay Hall, Deputy Director and General Counsel for the Kansas Association of Counties, testified as a proponent and said the association had been neutral on the companion senate bill but became a proponent after the House committee adopted the definitions and removed duplicative language. "With those changes, we are now a proponent of this bill," Hall said.

John Goodyear, general counsel for the League of Kansas Municipalities, also testified in support after negotiations with the bill sponsor; he described member-city concerns that produced proposed amendments. Goodyear said Overland Park submitted opposition testimony suggesting several clarifications: a good-faith requirement to confirm the reporter did not knowingly share false information with intent to disrupt; a requirement that a report be brought to a "higher authority" (which could include a legislator, auditing agency or attorney general) to qualify for statutory protection; and an option allowing administrative proceedings for cities or counties that already have civil service boards, letting those entities resolve claims administratively before litigation. "By defining malfeasance and misappropriation, I think we are truly getting to those illegal actions, the true whistleblower protection," Goodyear said. He said his organization had worked with the sponsor and that some member cities indicated they would move to neutral if the suggested clarifications were added.

Committee members asked whether the protections would require a prior investigation before job protections applied and whether the bill would duplicate or conflict with local ethics or civil-service processes. Witnesses said the bill protects employees from negative employment action taken in response to reporting and that any allegation would still be subject to investigation; if negative action occurred the employee could pursue relief in district court. Goodyear and others said administrative proceedings could be an initial remedy in jurisdictions that already have civil service boards.

Written opponent testimony was submitted by Michael Koss, identified in the record as a city attorney for Overland Park. Committee members reserved time to work the bill further and closed the hearing without a committee vote; the chair said the committee had reserved the next day to work bills already heard.

Why it matters: Supporters said the bill creates a statutory remedy to protect municipal employees who report unlawful conduct such as malfeasance or misappropriation, while the municipal associations sought clarifications limiting protections to good‑faith disclosures and providing administrative avenues where civil service structures exist.